Case 08-50775-FJS Doc 178 Filed 09/12/08 Entered …graphics8.nytimes.com/packages/pdf/business/vick...2 of MICHAEL D. VICK, taken on behalf of the United 3 States Trustee, before

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1 UNITED STATES BANKRUPTCY COURT

2 FOR THE EASTERN DISTRICT OF VIRGINIA

3 Newport News Division

4

5 IN RE: )

6 MICHAEL D. VICK, ) CASE NO.

7 Debtor. ) 08-50775-FJS

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10 TELEPHONIC SECTION 341 HEARING

11 UPON ORAL EXAMINATION

12 OF MICHAEL D. VICK

13 TAKEN ON BEHALF OF THE UNITED STATES TRUSTEE

14 Newport News, Virginia

15 August 29, 2008

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21 -------------------------------------

22 TAYLOE ASSOCIATES, INC.

23 Registered Professional Reporters

24 Telephone: (757) 461-1984

25 Norfolk, Virginia

TAYLOE ASSOCIATES, INC.

Case 08-50775-FJS Doc 178 Filed 09/12/08 Entered 09/12/08 12:14:15 Desc Main Document Page 1 of 152

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1 Appearances:

2 On behalf of the Office of the US Trustee:

3 UNITED STATES DEPARTMENT OF JUSTICE

4 OFFICE OF THE US TRUSTEE

5 KENNETH N. WHITEHURST, ESQUIRE

6 DEBERA F. CONLON, ESQUIRE

7 200 Granby Street

8 Norfolk, Virginia 23510

9 (757) 441-6012

10

11 On behalf of the Debtor:

12 KAUFMAN & CANOLES, PC

13 PAUL K. CAMPSEN, ESQUIRE

14 150 West Main Street, Suite 2100


16 (757) 624-3169

17 and

18 (Appearing via telephone)

19 CROWELL & MORING, LLP

20 PETER R. GINSBERG, ESQUIRE

21 STEVEN EICHEL, ESQUIRE

22 VIVIAN ARIAS, ESQUIRE

23 153 East 53rd Street, 31st Floor

24 New York, New York 10022

25 (212) 895-4268



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1 Appearances: (Continued)

2 On behalf of Joel Enterprises, Inc.:

3 HUNTON & WILLIAMS

4 BENJAMIN C. ACKERLY, ESQUIRE

5 851 East Byrd Street

6 Richmond, Virginia 23219

7 (804) 788-8200

8 and

9 CHRISTIAN & BARTON, LLP

10 WARREN DAVID HARLESS, ESQUIRE

11 900 East Main Street, Suite 1200

12 Richmond, Virginia 23219

13 (804) 697-4100

14

15 On behalf of the Unsecured Creditors’ Committee:

16 WILLCOX & SAVAGE, PC

17 JOHN D. McINTYRE, ESQUIRE

18 One Commercial Place, #1800


20 (757) 628-5545

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24

25



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1 Appearances: (Continued)

2 On behalf of Williams and Bullocks, LLC, and

3 Mary Wong:

4 JACQUELINE A. HOSKINS, ESQUIRE

5 One Columbus Center, Suite 646

6 Virginia Beach, Virginia 23462

7 (757) 490-7806

8

9 On behalf of the Internal Revenue Service:

10 UNITED STATES ATTORNEY’S OFFICE

11 GREGORY D. STEFAN, ESQUIRE

12 101 West Main Street

13 8000 World Trade Center


15 (757) 441-6331

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17

18

19 Also Present:

20 Ronald S. Stratton (appearing via telephone)

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24

25



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1 I N D E X

2

3 WITNESS: Examination by Page

4 Michael D. Vick Mr. Whitehurst 12

5 Mr. McIntyre 79

6 Mr. Stefan 81

7 Mr. Harless 88

8 Mr. Whitehurst 146

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6

1 Section 341 Hearing upon oral examination

2 of MICHAEL D. VICK, taken on behalf of the United

3 States Trustee, before Scott D. Gregg, RPR, and Notary

4 Public for the Commonwealth of Virginia at Large,

5 commencing at 9:35 a.m., August 29, 2008, at the

6 United States Bankruptcy Court, 2400 West Avenue,

7 Newport News, Virginia.

8 MS. CONLON: Good morning. My name is

9 Debera Conlon; I’m the assistant US Trustee --

10 MR. GINSBERG: Debera, this isn’t

11 working. We can barely hear you guys.

12 MS. CONLON: All right. Let me try

13 again.

14 How is that? Is that better?

15 MR. GINSBERG: Much better.

16 MS. CONLON: My name is Debera Conlon;

17 I’m the assistant US Trustee.

18 Mr. Eichel, you are on the phone with

19 Mr. Stratton, Mr. Vick, and Mr. Ginsberg; is that

20 correct?

21 MR. EICHEL: Yes. Just so you know, I

22 also have Vivian Arias of my office here with me. And

23 one other thing, you are fading in and out, but, yes,

24 we are here.

25 MS. CONLON: Okay. We’ll try to make



7

1 sure that we speak directly into the microphones; and

2 I will tell everyone in the courtroom that they need

3 to speak directly into the microphone that’s at the

4 podium.

5 I will identify the attorneys who are in

6 the room and then we’ll go ahead and get started.

7 Mr. Stratton, do you have your notary

8 there?

9 MR. STRATTON: Yes, ma’am, she is here.

10 MS. CONLON: All right. Is she -- can

11 she hear me?

12 THE NOTARY PUBLIC: Yes.

13 MS. CONLON: What I would like for you to

14 do is give Mr. Vick the oath; and if you want to just

15 repeat it after me and have him raise his hand, then

16 he will be under oath and then your responsibilities

17 will be completed.

18 THE NOTARY PUBLIC: Okay.

19 MS. CONLON: You need to have him swear

20 that the testimony he’s about to give shall be the

21 truth, the whole truth, and nothing but the truth,

22 under the penalties of perjury.

23 (The witness was sworn.)

24 MS. CONLON: Thank you.

25 Mr. Stratton, that is Mr. Vick that’s



8

1 sitting there?

2 MR. STRATTON: Yes, ma’am.

3 MS. CONLON: All right. Thank you.

4 And in the room with me this morning is

5 Ken Whitehurst, who is a trial attorney in the US

6 Trustee’s office who will be asking the majority of

7 the questions this morning.

8 MR. GINSBERG: Debera, you’re fading out;

9 we can’t hear you again.

10 MS. CONLON: All right. Mr. Whitehurst

11 is here; he’s a trial attorney with my office and

12 he’ll be asking the majority of the questions this

13 morning. Also here is Paul Campsen, who is counsel

14 for Mr. Vick. Ben Ackerly and David Harless, who are

15 counsel for Joel Enterprises. John McIntyre, who is

16 counsel for the Unsecured Creditors’ Committee. Greg

17 Stefan, who is with the U.S. Attorney’s Office, who is

18 counsel for the Internal Revenue Service. And

19 Jacqueline Hoskins, who is counsel for Mary Wong. I

20 think I have everybody. In addition, there are a

21 number of representatives from the IRS who are

22 observing today.

23 MR. GINSBERG: Good morning everybody.

24 Debera, let me mention one thing to

25 you -- and unfortunately I wish I thought of this



9

1 before -- the long weekend is starting today and I

2 didn’t quite appreciate how inconvenient it was for

3 everybody here at the facility that conducts this

4 today. I understand that the plan is to start today

5 and then adjourn and continue.

6 With that in mind, I promised everybody

7 we’d try to do today’s business in the next hour and a

8 half or two hours if at all possible and then adjourn

9 at a more convenient date for everybody for as long as

10 this session is possible if we’re all willing to do it

11 that way.

12 MS. CONLON: Well, we certainly are going

13 to start the questioning this morning, Mr. Ginsberg.

14 We’ll see how it goes as we go along. As you know, we

15 have a lot of work to do with respect to these

16 schedules, and there’s a lot of information that’s not

17 there that will -- at the very least we’ll need to

18 figure out when it can be obtained and how it can be

19 obtained.

20 MR. GINSBERG: I understand.

21 MS. CONLON: Again, we’ll try and do this

22 as efficiently as possible. I understand it is the

23 Friday before Labor Day as well. We live in a resort

24 community, and the sooner all of us are out of here

25 and out of the traffic -- but we have a job here to do



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1 this morning and I’m certainly going to do that.

2 MR. GINSBERG: Very well.

3 MS. CONLON: And while we’re talking

4 about continuing dates, we are looking -- because we

5 assume that there would be the need for an additional

6 hearing, we are looking at Tuesday, September 23rd or

7 Tuesday, September 30th as a continued date.

8 Are those dates available to everyone --

9 MR. GINSBERG: I wasn’t allowed to bring

10 my calendar in the facility, so I can’t -- I have no

11 idea. I’m going to have to get back to you.

12 MS. CONLON: I’m sorry. Mr. Ginsberg and

13 everyone who is on the telephone, before you start

14 speaking, if you’ll state your name so that the court

15 reporter can identify you on the record.

16 MR. GINSBERG: Sure.

17 MS. CONLON: Well, those are the two

18 dates that are available, so it will be one of those

19 two dates. And I say that so that there is a fair

20 warning for everyone.

21 Mr. Stefan.

22 MR. STEFAN: Yes, Ms. Conlon. Greg

23 Stefan, for the United States. I have a trial on the

24 23rd, the morning of the 23rd.

25 MS. CONLON: Is the 30th available to



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1 you?

2 MR. STEFAN: Yes, it is.

3 MS. CONLON: We’ll try and work with

4 September 30th, Mr. Stratton. That works for you, as

5 I understand; is that right?

6 MR. STRATTON: Yes, ma’am, that is

7 correct.

8 MR. GINSBERG: I have to get back to you;

9 I can’t commit to that date today.

10 MS. CONLON: I understand. We’ll get it

11 figured out, but we’ll start probably at nine o’clock

12 in the morning, and it will be in the Norfolk US -- in

13 the Norfolk Federal Building.

14 MR. GINSBERG: Nine o’clock?

15 MS. CONLON: That’s correct, nine o’clock

16 eastern time.

17 MR. GINSBERG: Okay.

18 MS. CONLON: I’m going to turn the

19 microphone over to Mr. Whitehurst so he can start the

20 questioning. Again, we’re all going to try to be as

21 efficient as possible, but we have a job to do and

22 we’ll see how this goes as we go along.

23 MR. GINSBERG: Thank you.

24 MICHAEL D. VICK, called as a witness,

25 having been first duly sworn, was examined and



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1 testified as follows:

2 EXAMINATION

3 BY MR. WHITEHURST:

4 Q. Good morning. Mr. Vick, can you hear me?

5 A. Yes.

6 Q. I’m going to ask you -- first of all, let

7 me remind you, I’m Ken Whitehurst, the United States

8 Trustee.

9 MR. WHITEHURST: Let me remind everyone

10 again on the phone and in the room, first of all, to

11 speak clearly into your respective microphones and,

12 secondly, to identify yourselves for the court

13 reporter.


15 Q. And if at any time you don’t understand

16 what I’m asking you or you can’t hear me, please speak

17 up because we’re doing this the best we can.

18 A. Okay.

19 Q. Mr. Vick, I know you have a number of

20 attorneys here, both here with me and at your end of

21 the phone; I want to remind you and each of your

22 attorneys that my questions today are directed at you.

23 This is your bankruptcy case; the answers you give are

24 under oath and subject to the penalty of perjury,

25 along with the statements you made and the schedules



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1 and statement of financial affairs that you filed.

2 A. Correct.

3 Q. Let me ask you, do you have a copy of the

4 statement of financial affairs and the schedules that

5 we filed with you?

6 A. Yes.

7 Q. Okay. Again, really this is directed at

8 your attorneys and they know that my questions are

9 directed at you, so I’ll ask you to answer them. And

10 if at any time you need help with your lawyers, I will

11 ask them to --

12 A. Okay.

13 MR. WHITEHURST: Does everyone understand

14 that?

15 MR. CAMPSEN: Yes.


17 Q. Mr. Vick, what were the financial

18 circumstances that led you to file this bankruptcy

19 case?

20 A. Basically not being in a position to pay

21 off my debts and previous business financial

22 opportunities that I had that didn’t go as planned and

23 not being able to get the money to pay off the debts.

24 Q. When did you first decide to file it?

25 A. It was about mid June. Probably two



14

1 weeks before when I was talking to Mary Wong, we

2 decided that that would have been the best route to

3 go, and she was still representing me at the time.

4 Q. And did Ms. Wong recommend bankruptcy to

5 you?

6 A. Yes.

7 Q. Was there an attorney with Ms. Wong who

8 was helping you at that time?

9 A. Robert Craig.

10 Q. Mr. Vick, what did you do to prepare

11 yourself to file this case?

12 A. There was only so much I could do due to

13 my incarceration, so I just took the advice of Dave

14 Talbot.

15 Q. And when you say that, you mean you

16 relied on Dave Talbot to file your financial

17 information?

18 A. Yes, because I had certain information

19 and tried to receive certain amounts of funds from

20 people who was representing me at the time.

21 Q. And you’re familiar with the schedules

22 and statement of financial affairs that were filed?

23 A. Yes.

24 Q. What did you do to prepare those?

25 A. Excuse me?



15

1 Q. What did you do to prepare those

2 documents?

3 A. Basically I just looked over everything

4 to make sure I was okay with everything and to make

5 sure everything was okay.

6 Q. Did you give any information to your

7 lawyers to fill them out or did they bring them to

8 you?

9 A. They brought them to me.

10 Q. Do you know where they got the

11 information to put into those schedules?

12 A. Most of it was from me, the majority of

13 it.

14 Q. You spoke first about Mary Wong and then

15 about David Talbot. When did you first meet Mary

16 Wong?

17 A. I met Mary about May of 2008 -- May

18 of 2007.

19 Q. And how did you meet her?

20 A. Where?

21 Q. How?

22 A. I met her through one of my teammates

23 DeMario Williams.

24 Q. And what did she represent to you that

25 she could do?



16

1 A. Well, basically in the beginning she was

2 trying to do some type of PR damage control because of

3 all the media that I was taking, and so she didn’t

4 come off as a financial advisor; she came off as a

5 person trying to help me. And we talked in May and we

6 didn’t talk again until June, July.

7 Q. June or July of 2007?

8 A. ’7, 2007.

9 Q. That actually reminds me, when you said

10 earlier that you started talking about bankruptcy in

11 June, did you mean June in 2007?

12 A. That was June of 2008. I’m sorry.

13 Q. I’m just trying to be clear.

14 Now, you say Mary Wong was not your

15 financial advisor; is that correct?

16 MR. GINSBERG: He said in the beginning

17 she was not.

18 THE WITNESS: In the beginning she

19 wasn’t.


21 Q. When did that change?

22 A. Right before my incarceration, September

23 of 2007.

24 Q. And what happened in September of ’07

25 to -- what did she do in September of 2007 with regard



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1 to your finances?

2 A. Well, basically I was on home confinement

3 and I couldn’t travel and I had business in Atlanta,

4 Georgia, and things wasn’t going right with some

5 people that was working within the business. And I

6 had her go and retrieve certain documents, and

7 basically she needed power of attorney to do so. So

8 when she did that, she started acting on behalf of my

9 financial advisor.

10 Q. Did she give you investment advice?

11 A. Yeah, because I invested some money with

12 her in July of 2007, $500,000, and she told me it

13 would be invested in some type of bank investment, so

14 I felt basically she was giving me financial advice on

15 certain things.

16 Q. She told you the 500,000 was some type of

17 bank investment?

18 A. Yeah, it was going to go into an

19 investment they had with some type of bank.

20 Q. Do you know where it went?

21 A. No, I don’t know.

22 Q. What type of return were you supposed to

23 get?

24 A. What was promised was a 10-percent

25 return. It was never put in writing, but that’s what



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1 she told me.

2 Q. Did you actually receive a 10-percent

3 return?

4 A. No, I never received it.

5 Q. Have you received anything from it?

6 A. No.

7 Q. Do you claim that Mary Wong owes you the

8 $500,000?

9 A. Yes.

10 Q. Have you spoken to Mary Wong about that?

11 A. Well, I spoke to her -- when I was still

12 dealing with her I spoke to her on several occasions,

13 and basically she gave me the run around. I never

14 asked for the entire 500,000 back; only certain

15 portions and asked if I could get an allotment. I

16 never actually asked for the entire sum of the money.

17 Q. Were you aware that Ms. Wong had been in

18 trouble with the New York Stock Exchange?

19 A. No, not at all.

20 Q. When did you learn that?

21 Did you hear my question, Mr. Vick?

22 A. Yes. I said no, not at all.

23 Q. I asked you when you learned that she

24 was.

25 A. Through Dave Talbot, sometime in July.



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1 Q. Did you ever pay Mary Wong other than the

2 investment money?

3 A. No.

4 Q. Was she working for free basically?

5 A. Yeah, basically that’s what she told me.

6 I asked what did she want, because I thought she was

7 doing the greatest thing in the world by trying to

8 help me out with some of my financial -- she always

9 told me she didn’t want anything; she just wanted me

10 to be okay.

11 Q. You said you gave her a power of

12 attorney; is that correct?

13 A. Yes.

14 Q. At some point did you revoke that power

15 of attorney?

16 A. Yes.

17 Q. Did she return it to you?

18 A. Did she return it to me?

19 Q. Yes, sir.

20 A. As far as what?

21 Q. Like the actual document.

22 A. No.

23 Q. When did you terminate the power of

24 attorney?

25 A. In July of 2007 -- 2008. I’m sorry.



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1 Q. In July of 2008?

2 A. Yes.

3 Q. Is it before or after you filed this

4 case?

5 A. It was before.

6 Q. Do you know whether Ms. Wong has acted

7 with your power of attorney since that time?

8 A. I don’t think so.

9 Q. At some point you said that you stopped

10 talking with Mary Wong because you met Dave Talbot; is

11 that correct?

12 A. Well, I had known Dave since the

13 beginning of April, so I just started talking to Mary

14 when I found out everything she was involved in.

15 Q. How did you meet David Talbot?

16 A. I met Dave through my brother.

17 Q. And how -- you mean your brother, Marcus?

18 A. Yeah.

19 Q. How did Marcus meet Dave Talbot?

20 A. Well, Marcus and Dave’s son are very good

21 friends and my brother was currently living down in

22 Miami. I never met his son, but they were very close.

23 Q. And so at some point Dave Talbot came to

24 visit you at Leavenworth; is that right?

25 A. Yes.



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1 Q. Was anyone with him when he came to

2 visit?

3 A. No; it was just him by himself.

4 Q. And what did he come to visit you for?

5 A. Well, he just came out and told me he

6 could help me with some services and basically telling

7 me he could help me get released from prison. And

8 from that point on we just developed a relationship.

9 Q. David Talbot told you he could get you

10 released from prison?

11 A. He basically knew some people that could

12 help with my situation.

13 Q. Did he tell you who those people were?

14 A. No, we never got into that. I mean,

15 there were so many other things I was dealing with.

16 We started talking about financial affairs and

17 everything else that was going on. I guess when he --

18 he never pursued it.

19 Q. What do you mean you never pursued it?

20 A. Well, when Talbot came up as far as me

21 trying to get released.

22 Q. Did Mr. Talbot represent to you that he

23 had any qualifications that would help him do that?

24 A. No. He just always told me he had people

25 that he knew that could help.



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1 Q. What did he tell you his background was?

2 A. I think he was a doctor; that’s about the

3 most he told me.

4 Q. So at some point am I correct that Dave

5 Talbot became a financial advisor to you?

6 A. Not really a financial advisor, but kind

7 of like just assisting me in certain financial

8 situations.

9 Q. What financial situations?

10 A. Trying to retrieve my money from my

11 financial advisor who was my financial advisor at that

12 time.

13 Q. Steve Gross was your financial advisor at

14 what time?

15 A. Since 2005. So we was -- he wouldn’t

16 give me any of my money back, so, you know, we was

17 trying to pursue that because I had had certain

18 judgments against me at the time and I knew that I was

19 going to have to pay.

20 Q. And did you give Dave Talbot a power of

21 attorney to do that?

22 A. Yes.

23 Q. Whose idea was that?

24 A. It was basically his.

25 Q. At that time when you were talking to



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1 Talbot, did you have any lawyers who you were talking

2 to?

3 A. Yes; we had two lawyers.

4 Q. Who are were they?

5 A. Billy Martin and Larry Woodward.

6 Q. Were they aware they were entering into

7 this power of attorney with David Talbot?

8 A. Yeah. Billy knew, but I never told

9 Woody. Eventually both of them found out and, you

10 know, they was pretty much, you know, against it, but

11 I still did it anyway.

12 Q. How much did you pay David Talbot?

13 A. I never paid Dave. He only told me he

14 needed a retainer to pay Peter Ginsberg, and it would

15 cost about 35,000, so he took 50,000 from my

16 Foundation account. And supposedly that’s about --

17 the only money that I told him he could retrieve, but

18 it wasn’t for him.

19 Q. You said he took $50,000 from which

20 account?

21 A. My Foundation account, but it wasn’t for

22 him.

23 Q. Where did that $50,000 go; do you know?

24 A. I don’t know.

25 Q. And at some point you gave him a car?



24

1 A. Yeah.

2 Q. Whose idea was that?

3 A. That was my idea.

4 Q. And who did that car belong to at the

5 time?

6 A. It belonged to me.

7 Q. And when did you give it to him?

8 A. In like the middle of April, sometime in

9 April, May.

10 Q. Where was the car at the time?

11 A. The car was in Virginia.

12 Q. And so you told Dave Talbot -- what did

13 you tell him, just go and pick it up?

14 A. Well, I told him I had somebody drive it

15 down to him and I told him he could keep it as

16 services rendered because I was in no condition to pay

17 him cash.

18 Q. It’s also been shown in the case that

19 $35,000 went to David Talbot from your account at

20 Charles Schwab; is that correct?

21 A. I wouldn’t know. He had power of

22 attorney, so I thought the 35,000 was supposed to go

23 to Peter Ginsberg for his retainer. That’s what Dave

24 Talbot told me, so that’s where the 50,000 from the

25 Foundation account came from because that was supposed



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1 to take care of everything. And he told me it would

2 be 35,000, so I did not know the 35,000 came from the

3 Charles Schwab account.

4 Q. As you sit here today, do you know where

5 that money went?

6 A. No.

7 Q. Has David Talbot provided an accounting

8 of where that money went?

9 A. No.

10 Q. When was the last time you talked to

11 David Talbot?

12 A. I talked to Dave Talbot about two weeks

13 ago.

14 Q. And what did he say about it then?

15 A. What did he say about it?

16 Q. Yes, sir.

17 MR. GINSBERG: Was that your question,

18 Ken?

19 MR. WHITEHURST: Yes.


21 Q. My question was, what did Dave Talbot say

22 about the money?

23 A. We didn’t talk about the money. I didn’t

24 know about the 35,000 coming from the Charles Schwab

25 account until you just said something about it.



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1 Q. Mr. Vick, are you aware that you filed a

2 number of papers in this case that explain the $35,000

3 came out of your Charles Schwab account?

4 A. No.

5 MR. GINSBERG: Ken, I think there’s

6 confusion about $35,000.

7 MR. WHITEHURST: I agree.

8 THE WITNESS: I never gave him authority

9 to take the $35,000 out of the Charles Schwab account,

10 if that will clear it up.


12 Q. Do you know of any other money he took

13 without your authority?

14 A. No.

15 Q. Are you receiving any financial

16 statements from your various accounts?

17 A. No. And that’s mainly the reason why.

18 Q. Who is receiving them?

19 A. They may be going to my house in Hampton,

20 Virginia.

21 Q. Do you have someone at that house who can

22 get them to you?

23 A. Yes, my fiancee. But what I usually did

24 was take them out online, but we don’t have Internet

25 access here. Of course I’m in prison, so...



27

1 Q. Do your attorneys have access to that

2 information?

3 A. Yes.

4 Q. And have you given them access to your

5 accounts using the Internet?

6 A. No, I didn’t give them access to my

7 accounts to the Internet, but I can give them access

8 to the accounts so they can see what’s going on.

9 Q. Okay. Mr. Vick, did you file your tax

10 returns for 2007?

11 A. I don’t think my financial advisor filed

12 them for 2007.

13 Q. I’m sorry; could you say that again.

14 A. I said I don’t think my financial advisor

15 filed them.

16 Q. You don’t think they filed it?

17 A. No.

18 Q. Who was supposed to file it?

19 A. Steve Gross.

20 Q. Do you know -- do you know whether you

21 filed tax returns for 2006?

22 A. No, he didn’t file the 2006 either.

23 Q. 2005?

24 A. He filed the 2005.

25 Q. Do you have a copy of the 2005 returns?



28

1 A. No.

2 Q. Who has those?

3 A. He should have them, Steve Gross.

4 Q. Do you know whether you or Mr. Gross on

5 your behalf asked for extensions to file late?

6 A. No.

7 Q. Are you doing anything to get your tax

8 returns filed?

9 A. Yes.

10 Q. What are you doing?

11 A. We hired accountants to do that.

12 Q. Who have you hired to do that?

13 A. Peter Ginsberg is in the process of doing

14 all of that. He can answer that question.

15 Q. Well, let me say first of all,

16 Mr. Campsen has indicated to me that he has records

17 that show you did file your 2006 tax returns.

18 MR. WHITEHURST: Is that correct?

19 MR. CAMPSEN: I believe there is a 2006

20 tax return filed. I just confirmed with Mr. Stefan --

21 I’m sorry -- I believe he did file the 2006 tax

22 returns, and I confirmed with Mr. Stefan,

23 U.S. Attorney’s Office, the US tax return was filed.

24 MR. STEFAN: Greg Stefan.

25 Mr. Whitehurst, Mr. Vick did file his 2006 tax return



29

1 in November of 2007. His 2007 return is on extension

2 until November 19th, 2008. And that tax return was

3 filed by HLB Gross Collins, PC, Atlanta, Georgia.

4 MR. WHITEHURST: Thank you, Mr. Stefan.


6 Q. Mr. Vick, did you hear Mr. Stefan just

7 indicated you have an extension until November 19th,

8 2008, to file your tax return?

9 A. Yes, I heard.

10 Q. Are you going to be able to do that?

11 A. Yes.

12 Q. Do you know whether you have opened a

13 debtor-in-possession bank account?

14 A. I just signed it.

15 Q. When you say you just signed it, do you

16 mean the consent order?

17 A. Yes.

18 Q. Do you know whether you actually opened

19 the account?

20 A. No, I don’t know. I don’t know if it’s

21 been opened yet.

22 Q. Well, Mr. Vick, I’m going to remind you

23 to go over that order with your lawyers. It requires

24 you to open a debtor-in-possession bank account, which

25 your lawyers have indicated to me in the past that



30

1 they believe it is opened.

2 MR. CAMPSEN: If I might interject at

3 this point. An account has been opened at Wachovia.

4 There were dual signatories on that account. It was

5 going to be Mr. Vick and Mr. Talbot. And then with

6 the events that occurred with Mr. Talbot, he was not

7 put on the account and we didn’t have another party to

8 put on the account. We’re in the process now and had

9 discussions with Goodman & Company about hiring them

10 as the accountants for the firm and asking them to be

11 a cosignatory. The account is opened, but we have not

12 issued checks because we need an additional signatory

13 on the account.

14 MR. WHITEHURST: Mr. Campsen, can you

15 provide my office with a copy of at least the account

16 number --

17 MR. CAMPSEN: Yes. And Mr. Eichel is on

18 the phone and I can e-mail that to you.

19 MR. EICHEL: I’ll look for it, and we’ll

20 supply you with the account number. It is my

21 understanding that we do have an account number -- and

22 this is Mr. Eichel for the record. We do have an

23 account number, but we are not able to do anything

24 with the account until we have all the signatories.

25 So the account is -- there is an account number, but



31

1 there is no activity in the account until we have all

2 the paperwork completed for the account. And as soon

3 as we get the second signatory, we’ll be able to send

4 the information to Wachovia and open it up

5 immediately. I do have an account number that was

6 sent to me at one point in time and I’ll get it to

7 your office today.

8 MR. WHITEHURST: Thank you, Mr. Eichel.

9 MR. EICHEL: You’re welcome.


11 Q. Okay. Mr. Vick, I’m going to turn your

12 attention to the schedules you filed in this case. Do

13 you have those in front of you?

14 A. Hold on one second.

15 MR. GINSBERG: Give us one second.

16 We’re ready. Ken, we have them.

17 MR. WHITEHURST: Okay. Thank you.


19 Q. Mr. Vick, the first page that I have is

20 the signature page. Just so I make sure we’re

21 following along, I’ll go a page at a time.

22 On that page I’ve noted you didn’t put a

23 date nest next to your signature. When did you sign

24 it?

25 A. I think it was two weeks ago.



32

1 Q. And was Mr. Ginsberg there when you

2 signed it?

3 A. Yes.

4 MR. WHITEHURST: Mr. Ginsberg, do you

5 know exactly when it was?

6 MR. GINSBERG: I think it was two weeks

7 ago today.

8 MR. WHITEHURST: Okay.


10 Q. On the next page, which in my copy starts

11 notes to schedules, on paragraph two of those notes it

12 says that in addition to a potential inadvertent

13 omission, there are a number of items the debtor does

14 not have sufficient information or documentation to

15 accurately respond to the inquiry.

16 Mr. Vick, why don’t you have sufficient

17 information?

18 A. The bank is --

19 Q. Could you repeat that, please. Could you

20 repeat your answer, please.

21 A. The banks haven’t given me the documents.

22 Q. Did you say the banks and the financial

23 advisors have it?

24 A. The banks haven’t given me all the

25 documents.



33

1 Q. And have you been trying to get the

2 documents from the banks?

3 A. Yes.

4 MR. GINSBERG: Ken, what Mike said was

5 the banks and the financial advisors have not given

6 all the documents.



9 Q. Mr. Vick, if you’d turn a couple more

10 pages in, one of the pages -- they start to become

11 numbered and at the bottom there’s one numbered page

12 six which begins schedule B, personal property, and it

13 has notes on it, do you have that page?

14 A. Yes.

15 Q. The first sentence explains that it would

16 be prohibitively expensive and unduly burdensome to

17 figure out the market valuations of your property.

18 What have you done to figure out the

19 market valuations of your property?

20 A. My attorneys are doing it right now.

21 Q. Do you know how much it’s going to cost

22 to do that?

23 A. No, not at this point.

24 Q. You also list a number of bank accounts,

25 and on these notes you explain that you’ve listed them



34

1 as having a value of zero because you don’t have

2 documents showing that there’s money in them.

3 Is that because you don’t have documents

4 at all?

5 MR. GINSBERG: I don’t understand the

6 question, Ken.



9 Q. In the second paragraph of those notes it

10 explains that the debtor does not have in his

11 possession documentation showing that there’s money in

12 the accounts.

13 Does that mean does not have documents in

14 his possession at all or that the documents he has

15 shows that there’s no money in the accounts?

16 A. Basically there’s no money in the

17 accounts.

18 Q. Are the accounts still opened?

19 A. Yeah, they still opened.

20 Q. If you would turn to page 12, on page 12

21 on my copy there is a schedule H, codebtor’s notes,

22 and then in those notes you indicate that the debtor,

23 you, Mr. Vick, is a co-borrower in connection with a

24 loan from Old Point Bank secured by a property owned

25 by Charles W. Reamon, Jr.; do you see that?



35

1 A. Yes, that’s correct.

2 Q. When was that loan taken out?

3 A. That loan was taken out in 2007 -- 2006.

4 Q. Who is Charles Reamon, Jr.?

5 A. Yes.

6 Q. I’m sorry. Who is Charles Reamon, Jr.?

7 A. He’s a good friend of mine.

8 Q. Does he have a power of attorney for you?

9 A. No.

10 Q. How much was the loan for?

11 A. I’m not quite sure. I think it’s about

12 200,000.

13 Q. Is it current?

14 A. Yes.

15 Q. Are you making the payments on it?

16 A. No.

17 Q. Who is?

18 A. Charles Reamon is making the payments on

19 it.

20 Q. What property is it secured by?

21 MR. GINSBERG: You’ll have to explain

22 your question, Ken.


24 Q. Mr. Vick, what type of loan is this? Is

25 it a mortgage?



36

1 A. Yes, it’s a mortgage.

2 Q. What is it a mortgage on?

3 A. A farm.

4 Q. A farm?

5 A. Yes.

6 Q. Where is the farm?

7 A. Where is it?

8 Q. Yes.

9 A. It’s in Virginia, Suffolk, Virginia.

10 Q. Where in Virginia?

11 A. Suffolk, Virginia.

12 Q. In Suffolk. Do you know the address?

13 A. Not offhand, I don’t know the exact

14 address.

15 Q. Is it one of the properties listed on

16 your schedules?

17 A. Yeah, I think it’s listed on the

18 schedules, but it doesn’t have an address. It just

19 says it’s co-owned by me and Charles Reamon.

20 Q. Do you co-own the property with Charles

21 Reamon?

22 A. Yes.

23 Q. Did you say yes?

24 A. Yes.

25 Q. Turning to page 14 on your notice to



37

1 your --

2 MR. GINSBERG: Ken --

3 MR. WHITEHURST: Yes.

4 MR. GINSBERG: -- Mike just clarified

5 that. He said he couldn’t sign the note. I’m not

6 sure whether -- your question was whether his name is

7 on the title or not. I’m not sure that Michael was

8 responding to that question.

9 MR. WHITEHURST: Okay. I asked him

10 whether he co-owned the property.

11 MR. GINSBERG: Is your name on the title?

12 THE WITNESS: Yeah, I think my name is on

13 the title.

14 MR. GINSBERG: Michael believes it is.

15 MR. WHITEHURST: That’s what we heard.


17 Q. Mr. Vick, on page 14 of your notes to

18 schedule J, you indicate that you have a list of

19 expenses and only list the expenses for one home, and

20 that you’ll amend it to reflect the expenditures of

21 all your other homes.

22 Do you know what the expenses are for

23 those other homes?

24 A. Including property tax, maybe about --

25 I’d say about 2,500 apiece.



38

1 Q. Is that per month?

2 A. It has the utilities and all of that.

3 That’s including the property tax, but we included

4 everything. Maybe about 1,100 a month.

5 Q. Okay. If you would turn to your schedule

6 A, which shows your real property -- and let me know

7 when you have that in front of you.

8 MR. GINSBERG: We have it, Ken.


10 Q. You see it lists four properties,

11 correct?

12 A. Yes.

13 Q. Let’s start with the first one at 21

14 Haywagon Trail.

15 A. Uh-huh.

16 Q. Who lives there?

17 A. My fiancee.

18 Q. Does she live there by herself?

19 A. Yes.

20 Q. When was it bought?

21 A. She’s there with the kids.

22 Q. When did you buy that property?

23 A. 2005, November 2005.

24 Q. And on here you list that it has a

25 value -- well, your interest in it is $550,000.



39

1 How did you come up with that?

2 A. At the current time I was playing in the

3 NFL and that’s where my income was coming from.

4 Q. No. I’m asking you how did you come up

5 with the value of the property? Do you have an

6 appraisal?

7 A. No. But that’s what I paid for the land

8 and how much the note was taken out for, the loan was

9 taken out for, so that’s about right.

10 Q. Is that property even insured?

11 A. Yes.

12 Q. Do you have proof of that insurance?

13 MR. GINSBERG: We couldn’t hear you, Ken.


15 Q. Do you have proof of the insurance?

16 A. Yes.

17 Q. And I’ll ask this for all of your

18 properties, for you to provide that proof to my office

19 or have one of your attorneys do it.

20 A. Okay.

21 Q. Because that’s something Peter or even

22 Mr. Eichel can do. How long will that take you to do?

23 MR. GINSBERG: Ken, I don’t know the

24 answer to that. We’ll get back to you, but we’ll do

25 it as quickly as we can. I don’t know whether we have



40

1 that or not.


3 Q. Mr. Vick, do you have an insurance agent

4 who would have that information?

5 A. Yes.

6 Q. Who is that?

7 A. I have to get with Charles Reamon to know

8 exactly who it is, but I can get that information for

9 you.

10 Q. The next property on the list is 2927

11 Darlington Road, in Duluth, Georgia?

12 A. Yes.

13 Q. Who lives there?

14 A. Nobody at this time.

15 Q. Is it rented?

16 A. No. I have a mortgage on it.

17 Q. When did you buy it?

18 A. I bought it in June of 2006.

19 Q. And you list that as -- your interest in

20 it as $4 million?

21 A. Yes.

22 Q. How did you determine that?

23 A. Basically I determined it with the other

24 one. It may be appraised for a little more than that.

25 Q. Is that property insured?



41

1 A. Yes.

2 Q. Would that be insured with the same

3 insurance agent as the first one?

4 A. Maybe so. I have to find out.

5 Q. At 3720 West Carlas Hope?

6 A. Yes.

7 Q. Who lives in that property?

8 A. My son’s mom.

9 Q. When did you buy that?

10 A. November of 2005.

11 Q. And did you value that -- the value

12 you’ve listed here, was that figured out the same way?

13 A. Yes.

14 Q. So it’s what you paid for it minus the

15 loan you took out on it?

16 A. Yes.

17 Q. And is that property insured?

18 A. Yes.

19 Q. Do you know whether it’s insured with the

20 same person Mr. Reamon will find out about?

21 A. Yes.

22 Q. And at 5108 West Creek Court, in Suffolk,

23 who lives there?

24 A. My mom.

25 Q. When did you buy that?



42

1 A. January 2002.

2 Q. And is it valued the same way?

3 A. Yeah.

4 Q. Is that property insured?

5 A. Yes.

6 Q. And is it insured with the same person?

7 A. Yes.

8 Q. Do you own any other real estate?

9 A. No. That’s it.

10 Q. On -- if you turn the page to schedule B,

11 you list a number of accounts. Some of the accounts

12 you list on schedule B are with Charles Schwab.

13 Do you have a particular contact person

14 at Charles Schwab?

15 A. Yes.

16 Q. Who is that?

17 A. Steve Marcoux.

18 Q. Could you repeat that?

19 A. Steve Marcoux.

20 Q. And where is he actually located?

21 A. Roswell, Georgia.

22 Q. Does he send statements of those accounts

23 to you?

24 A. Yeah. He doesn’t send them directly to

25 me; he was sending them to my residence in Atlanta,



43

1 but I think he’s been sending them to my residence in

2 Virginia.

3 Q. Who has the authority to sign for those

4 accounts?

5 A. Nobody as of this point.

6 Q. When you say "as of this point," who did

7 have authority to sign for them?

8 A. Charles Reamon.

9 Q. When did he stop having that authority?

10 A. About two months ago.

11 Q. Why did you stop him from having it?

12 A. I just completely terminated everybody

13 that had power of attorney.

14 Q. So Charles Reamon did have a power of

15 attorney?

16 A. Well, he was able to sign on my account,

17 yes.

18 Q. How much money did Charles Reamon take

19 out of your Charles Schwab’s accounts in the last

20 year?

21 A. Maybe about -- probably about a million

22 dollars.

23 Q. Was that with your knowledge?

24 A. Yes.

25 Q. And consent?



44

1 A. Yes.

2 Q. Do you claim that Charles Reamon owes any

3 of that money back to you?

4 A. No. It was all wired out. We needed to

5 get it done.

6 Q. Further down in your schedules, Mr. Vick,

7 on schedule B you list in item 13 your interests in a

8 variety of companies. The first one is AirportMD. Do

9 you see that?

10 A. Yes.

11 Q. What is AirportMD?

12 A. It was a business that my financial

13 advisor involved me in, Steve Gross, and the medical

14 department that was -- it was under construction in

15 Miami -- I don’t know if it’s been completed yet, but

16 I think Mary Wong signed it over into her name, and so

17 I haven’t been kept up to date with what’s been going

18 on.

19 Q. And the next one is Atlantic Wine &

20 Package Camp Creek, LLC?

21 A. Yes.

22 Q. What was that?

23 A. A restaurant.

24 Q. Is it still operating?

25 A. I don’t know if that one is still exactly



45

1 operating. It was two of them. One of the two is

2 still operating.

3 Q. Is the other one the tasting room?

4 A. Basically pretty much the same.

5 Q. Okay. Because there’s a separate entity

6 on the next page for the Tasting Room.

7 A. Yeah, I see it.

8 Q. And you’re saying they are the same

9 thing?

10 A. Yeah, pretty much, same restaurant, same

11 setup.

12 MR. GINSBERG: That’s not the same

13 restaurant, Ken.

14 Same setup?

15 THE WITNESS: It’s two different

16 restaurants.

17 MR. WHITEHURST: I understand. Same type

18 of restaurant.

19 MR. GINSBERG: Yeah.


21 Q. Do they involve the same people, the

22 companies?

23 A. Yes.

24 Q. And who are those people?

25 A. I wouldn’t know. I just know Steve Gross



46

1 is the one -- he was the one that brought that whole

2 idea to me and I think a guy named Frank Jenkins, who

3 was a business partner of Steve Gross.

4 Q. The top one on the next page is

5 Commonwealth Ventures?

6 A. Yes.

7 Q. You contributed a hundred dollars to

8 that. What is Commonwealth Ventures?

9 A. You said I paid hundred dollars?

10 Q. That’s what it says.

11 A. Yeah, I know that’s what it says, but

12 it’s a little more than that.

13 Q. How much was it?

14 A. About 3.4 million.

15 Q. So you would agree with me that this

16 entry is entirely incorrect?

17 A. Yes.

18 Q. What is Commonwealth Ventures?

19 A. It was a real estate investment.

20 Q. Where was the real estate?

21 A. In Union City, Georgia.

22 Q. What type of real estate was it?

23 A. Commercial real estate.

24 Q. Does Commonwealth Ventures still exist?

25 A. Yes.



47

1 Q. And is it still operating or own any real

2 estate?

3 A. Yes; to my recollection, yes.

4 Q. And are you gaining any profit from that?

5 A. Not at this point. My financial advisor

6 hasn’t -- Steve Gross hasn’t brought me up to date on

7 what’s been going on. We haven’t been in

8 communication in about a year.

9 Q. You said you gave him $3.4 million?

10 A. Yes, when I was -- in about 2007.

11 Q. The next one is D & Q Ventures?

12 A. Uh-huh.

13 Q. That one says you gave them a hundred

14 dollars; is that correct?

15 A. I gave a little more -- well, $34,000.

16 That was a business that my cousin and one of my close

17 friends own, and it was a janitorial business. But

18 once I got involved with this case, it just shut down.

19 Q. When did you give them the money?

20 A. In March 2007.

21 Q. Okay. The next one is Divine Seven, LLC,

22 doing business as Payless Car Rental?

23 A. Yes.

24 Q. How much money did you give to that

25 business?



48

1 A. Took out a loan for two point --

2 2.4 million.

3 Q. You took out a loan for 2.4 million?

4 A. Yes.

5 Q. Did you actually put in any money of your

6 own?

7 A. No.

8 Q. When did you take a loan out?

9 A. I think January 2007.

10 Q. The next one is a Jani-King franchise?

11 A. Yeah.

12 Q. It says here capital investment was

13 $40,000; is that correct?

14 A. Yes.

15 Q. When was that?

16 A. 2006.

17 Q. Is that operating?

18 A. No.

19 Q. When did it stop operating?

20 A. In 2006.

21 Q. The next one is MV7, LLC?

22 A. Yes.

23 Q. That you list as a hundred percent

24 ownership?

25 A. Yes.



49

1 Q. You list it as having a value of zero; is

2 that correct?

3 A. Yes.

4 Q. Does MV7, LLC own any property?

5 A. No.

6 Q. Does it own the car that you gave to

7 David Talbot?

8 A. Yes.

9 Q. Does it own anything other than the car

10 you gave David Talbot?

11 A. It owns several other cars.

12 Q. Do you understand what I mean when I ask

13 you whether it owns any property?

14 MR. GINSBERG: Ken, you asked about

15 property before as real property.

16 MR. WHITEHURST: Well, I wasn’t, but I’m

17 now making that clear.


19 Q. Mr. Vick, when I say "property," I mean

20 anything. I don’t just mean land.

21 A. Okay. Yes.

22 Q. Money, bank accounts --

23 A. Car.

24 Q. All it owned were cars?

25 A. Yes.



50

1 Q. How many cars?

2 A. Four.

3 Q. Does it still have those four cars?

4 A. Yes.

5 Q. Do they have a value?

6 A. Yes.

7 Q. What type of cars are they?

8 A. Two Range Rovers, of course the Benz, and

9 an Infinity pickup truck.

10 Q. Where are those cars; do you know?

11 A. They are all in Virginia. One is here in

12 Kansas.

13 Q. Are they all insured?

14 A. Yes.

15 Q. Is someone driving them?

16 A. Yes.

17 Q. Who is driving them?

18 A. My fiancee; Dave Talbot has the Mercedes;

19 my fiancee drives the Infinity when she comes out here

20 to Kansas, as well as my other family members; and my

21 brother has the other Range Rover.

22 Q. Did MV7, LLC serve any purpose other than

23 to hold the cars?

24 A. No, never did.

25 Q. The next one is Seven Charms Farm. How



51

1 much money did you put into that?

2 A. 200,000.

3 Q. When was that?

4 A. That was in January 2007 as well.

5 Q. And does that own a horse farm?

6 A. Yes.

7 Q. Where is the horse farm?

8 A. In Conyers, Georgia.

9 Q. Do you have partners in that business?

10 A. Yes, a guy named Art Washington. He also

11 was my partner in the rental care business, Payless

12 Rental Car.

13 Q. Okay. I’ll skip the tasting room. We

14 talked about that.

15 The Vicktory Corporation?

16 A. Yes. That was a foundation I started,

17 but I never put any money into it, received any

18 capital or any grants.

19 Q. Okay. The Williams Realty Fund I?

20 A. Yes.

21 Q. What is that?

22 A. Another real estate investment; and I

23 also invested 650,000.

24 Q. When did you do that?

25 A. September 2004.



52

1 Q. Okay. Let me ask you, Mr. Vick, your

2 schedules say 65,000?

3 A. Yeah, that’s incorrect.

4 Q. It’s 650,000?

5 A. Yes.

6 Q. That was in 2004?

7 A. Yes.

8 Q. How did you learn about that investment?

9 A. Steve Gross, my financial advisor at the

10 time.

11 Q. Then the next one is to MDV Family

12 Limited Partnership. When was that set up?

13 A. 2003.

14 Q. Why was it set up?

15 A. Basically my financial advisor at the

16 time Michael Smith set that up.

17 Q. Do you know what it has?

18 A. Yeah, it’s a house registered in the --

19 one of the houses.

20 Q. Do you know which house?

21 A. The house in Suffolk; I think the

22 address -- the address of Wentworth Court.

23 Q. Wentworth Court, where is that?

24 A. That’s in Suffolk.

25 Q. In Suffolk?



53

1 A. Yeah.

2 Q. I’m going to skip over some things. Down

3 towards the end of schedule B is a paragraph --

4 section 21, one of your entries are potential claims

5 and one of them is potential claims against former

6 financial advisors.

7 Do you see where I’m talking about?

8 A. Yes.

9 Q. The first one is Mary Wong. What are

10 your potential claims against Mary Wong?

11 A. Potential claims are about a million

12 dollars.

13 Q. What for?

14 A. Obviously, 500,000 that I gave her in

15 2007 and money that was taken from my pension plan

16 sometime in 2008.

17 Q. Sometime -- do you know when in 2008?

18 A. Around May or June 2008.

19 Q. Who took the money from your pension

20 plan?

21 A. Mary Wong.

22 Q. What did she do with it?


24 Q. How much money?

25 A. To my recollection right now, I think



54

1 350,000, but potentially more.

2 Q. The next one is Williams & Bullocks?

3 A. Yeah, I don’t have anything to do with

4 that.

5 Q. Do you believe you have claims against

6 Williams & Bullocks?

7 A. Yes.

8 Q. Do you know what it’s for?

9 A. Basically for the money that she took --

10 Q. The same thing that Mary Wong did?

11 A. Yes.

12 Q. The next one is Robert Craig. What

13 claims do you have against Robert Craig?

14 MR. GINSBERG: You know, a lot of these

15 questions you’re asking are really legal questions and

16 based on legal analysis.

17 Obviously Mike, first of all, can’t

18 breach the attorney/client privilege with regard to

19 our theories of the litigation, and I don’t think he

20 wants us to anyhow. Maybe you can ask him more

21 fact-specific questions that are more appropriate of a

22 fact witness.


24 Q. Mr. Vick, are you aware of any facts that

25 would cause you to have a claim against Robert Craig?



55

1 A. No.

2 Q. Lawrence Woodward, are you aware of any

3 facts that would require you to have a claim against

4 him?

5 A. We’re in the process right now of

6 observing some things and trying to fix -- find things

7 out. As of right now, yes and no, so I really can’t

8 answer that question.

9 Q. Do you know how much you think your claim

10 against Lawrence Woodward would be for?

11 A. Maybe a couple million. A lot.

12 Q. And David Talbot -- do you know of what

13 claims you would have against David Talbot?

14 A. No, not anything other than the money

15 that he took without my consent and a piece of jewelry

16 that he has.

17 Q. He has a piece of jewelry?

18 A. Well, my brother left a piece of jewelry

19 at his house and something ended up happening with it.

20 And I don’t know what happened; I’m still trying to

21 get specific details.

22 Q. What kind of jewelry was it?

23 A. I think it was a chain that I gave to my

24 brother, but my brother was in the process of trying

25 to retrieve it from Dave.



56

1 Q. When was this?

2 A. This is a couple of weeks ago, maybe a

3 month ago.

4 Q. Do you know the value of it?

5 A. I think 20,000.

6 MR. CAMPSEN: Mr. Vick, it’s Paul

7 Campsen. You had indicated a few moments ago -- and I

8 think the answer -- at least the answer I heard I

9 think is incorrect. You had indicated that you did

10 not have any claims against Robert F. Craig, the

11 lawyer in Omaha?

12 THE WITNESS: Yeah; I mean, I know he’s

13 working hand in hand with Mary Wong. I think maybe I

14 would have some claim with him because I know they was

15 working together.

16 MR. GINSBERG: The question was, does

17 Michael know any facts specifically that would support

18 a claim. That refers to my initial objection. These

19 really aren’t appropriate questions to be asking at

20 this time. But Mike answered what he just gave.

21 Generically he has the defense that there

22 are claims against Robert Craig with activities with

23 Mary Wong but can’t provide fact-specific answers to

24 that question.

25 MR. WHITEHURST: Actually I have to agree



57

1 with Peter Ginsberg in that my question was, was he

2 aware of any facts. He said he wasn’t aware of any

3 facts. That doesn’t necessarily mean he doesn’t have

4 claims; he just don’t know what the facts are.

5 MR. CAMPSEN: When I heard from the

6 record -- what I construed from hearing from the

7 record was there were no claims, and I just wanted the

8 record to be clear that that was not a waiver of any

9 potential claims that may exist against Mr. Craig.


11 Q. Mr. Vick, do you understand that you’re

12 under an obligation to amend your schedules as you

13 learn information that becomes relevant to them?

14 A. Yes.

15 Q. Do you understand that if you decide you

16 have a claim against Robert Craig and you learn more

17 about it, you are required to list it on your

18 schedules?

19 A. Yes.

20 Q. And you will do that?

21 A. Yes.

22 Q. I’m turning now -- bear with me -- I’m

23 turning now to your financial statement of affairs.

24 MR. GINSBERG: Ken, just so you know,

25 Mike just said -- and you may not have been able to



58

1 hear him, but he believes we’ll also be adding that we

2 have claims against Steve Gross. That, again, is

3 still being developed factually.

4 MR. WHITEHURST: Let me explore that.


6 Q. Mr. Vick, are you aware of any facts that

7 give you claims against Steve Gross?

8 A. Yes.

9 Q. And what are they?

10 A. A lot; a couple million.

11 Q. And why do you think Steve Gross owes you

12 a couple million dollars?

13 A. Well, I mean, when I first signed with

14 him, I gave him about 10 to 12 million dollars and I

15 never got any of that money back, so those are my

16 claims.

17 Q. Okay. If you would, turn to your

18 statement of financial affairs; it also begins with

19 your signature page. Do you have that in front of

20 you?

21 A. I have that.

22 Q. Did you sign that the same day you signed

23 your schedules?

24 MR. GINSBERG: We’re just trying to find

25 it.



59

1 MR. WHITEHURST: Oh, I’m sorry.

2 MR. GINSBERG: We’ve got it.


4 Q. Did you sign that the same day you signed

5 your schedules?

6 A. Yes.

7 Q. The next page lists a number of notes,

8 the bottom of which explains that prior to the

9 commencement of the case you requested $150,000 to be

10 transferred, but they were transferred on August 16th,

11 2008; is that correct?

12 A. Yes.

13 Q. And they were transferred to Charles

14 Reamon?

15 A. Yes.

16 Q. Why?

17 A. Just so I can have some money in case I

18 have to pay for a retainer for the lawyers because of

19 what I was going through at the time. I tried to get

20 it done about three weeks early, but for some reason

21 it ended up happening at that time.

22 Q. You transferred the money to Charles

23 Reamon --

24 A. Yes.

25 Q. -- so that you could have money?



60

1 A. Yes, to pay for retainers.

2 Q. I don’t understand that. Why would

3 giving Charles Reamon $150,000 help you have money?

4 A. I mean, I always gave Charles Reamon

5 money to disburse if I needed to. He was the only one

6 I could trust at the time.

7 Q. Okay. You’ve paid your lawyers a

8 retainer in this case, correct?

9 A. Yes.

10 Q. And, in fact, on the record it shows

11 you’ve paid probably more than $280,000; are you aware

12 of that?

13 A. Yes.

14 Q. So this was in addition to that?

15 A. No. That money was put back into the

16 pension plan; it was sent back.

17 Q. Well, according to this, only 110,594 was

18 put back; is that right?

19 A. Yes.

20 Q. Where is the other $40,000 roughly?

21 A. I think it went to my mom and my son’s

22 mom and my two daughters’ mom and my mom.

23 Q. Mr. Vick, do you routinely transfer large

24 sums of money to pay out to your family members?

25 A. No.



61

1 Q. Do you routinely pay out large sums of

2 money to Charles Reamon?

3 A. No. If I do -- if I do pay out money to

4 Charles Reamon, it’s for a specific reason. And

5 everything could be documented -- it’s not for his own

6 personal use.

7 MR. CAMPSEN: Mr. Whitehurst, I think the

8 earlier question needs some clarification. You had

9 asked Mr. Vick if he transferred large sums to his

10 family, I think Mr. Vick can correct me, but I believe

11 that he does support an extended family and that there

12 were significant amounts of money that were

13 transferred out to support those family members. He

14 may not have quite understood the question, but

15 perhaps you can ask that again.


17 Q. Mr. Vick, did you hear Mr. Campsen?

18 A. Yes, I heard him.

19 Q. Is that true that you’re actually

20 supporting your family in some way?

21 A. Yeah, that’s correct.

22 Q. How are you doing that?

23 A. Well, at the present time I can’t, so

24 that was the main reason I was making that

25 transaction. Not with the whole 150,000. Like I



62

1 said, the majority was going to be for retainers, but

2 I wanted to make sure they was taken care of because I

3 knew there was going to be some time before I could

4 make another deposit into the accounts.

5 Q. On your statement of financial affairs,

6 if you would turn to statement number three, which is

7 titled payments to creditors --

8 MR. GINSBERG: It’s entitled what?

9 MR. WHITEHURST: Payments to creditors.



12 Q. Do you have that in front of you?

13 A. Yes.

14 Q. The middle part of that is part B and it

15 lists each payment or transfer to any creditor made

16 within 90 days preceding the commencement of the case;

17 do you see that?

18 A. Yes.

19 Q. Is this a complete listing of every

20 transfer you made to any creditor within 90 days prior

21 to the commencement of your bankruptcy case?

22 A. Yes.

23 Q. Okay. Part C requires you to list all

24 payments made within one year prior to filing your

25 bankruptcy case to people who are in bankruptcy terms



63

1 nobody as insiders. Insiders would be your family

2 members, your business relationships that you’re

3 partners with; there’s specific definitions.

4 Your answer to that is unknown. Now,

5 you’ve already told me you made some payments to your

6 family members. Why is that answer unknown?

7 A. This is the first time I’ve seen that.

8 Q. You signed this document on August 15th,

9 correct?

10 A. Yes.

11 Q. Did you review it before you signed it?

12 A. Yes.

13 Q. Was it written on that page unknown?

14 A. Yes, at the time.

15 Q. Okay. So it’s not really the first time

16 you’ve seen it, is it?

17 A. This is the first time I’ve seen that --

18 no, it’s not the first time I’ve seen it being marked

19 unknown. I’ve seen it when we first went through it.

20 Q. Well, do you know of any payments you’ve

21 made in the last year to your family members?

22 A. Well, I was giving my family money once a

23 month to basically my mom, my son’s mom, and my

24 fiancee.

25 Q. Did you tell your lawyers that?



64

1 A. Yes.

2 Q. Okay. Do you know why it’s not listed on

3 these schedules?

4 A. No, I don’t know. I mean, I really

5 didn’t go into detail as far as how to disburse the

6 money. I told them --

7 Q. Mr. Vick, I’m going to remind you that

8 you need to amend your schedules and this statement to

9 include all of the transfers that would fall into

10 that. So everything you’ve transferred in one year to

11 anyone who is an insider, which is your family -- and

12 your lawyers will explain to you who your insiders

13 are, but it’s your obligation to amend this because I

14 have a feeling that’s going to be a lot of money; am I

15 right?

16 A. Yeah.

17 MR. GINSBERG: Let me remind you that we

18 did have access to the bank statements. We’ve

19 authorized access and Mr. Vick authorized access to

20 the bank statements and we’ll be able to amend it.

21 I think you know Mr. Talbot was diverting

22 the paperwork with regard to these financial affairs,

23 and we, like you, have had a hard time getting those

24 documents back from him, so we’re independently now

25 going back to the institutions to get the information;



65

1 and we will amend it as soon as we get that

2 information.

3 MR. WHITEHURST: I do understand that,

4 and I thank you.

5 MR. GINSBERG: It wasn’t a denial there

6 were payments. The specifics of the payments were

7 unknown for that reason I just articulated.


9 Q. If you would turn to the question

10 number seven, which is about gifts; do you see that?

11 A. Yes.

12 Q. And you’ll see that that also requires

13 you to list all gifts made within one year prior to

14 the case, including the description and value of the

15 gift and the date.

16 Now, you have tried to list some of

17 that --

18 A. I have to get the dates also.

19 Q. Is it correct -- is this a complete

20 listing as least in general of what the gifts are, or

21 do you think there are more?

22 A. Yeah, that’s about right.

23 Q. Now, let me start with Brenda Boddie, who

24 is your mother?

25 A. Yes.



66

1 Q. It says amount unknown for the money.

2 What do you think roughly it is?

3 A. Probably about 50,000.

4 Q. For the year?

5 A. Yes.

6 Q. Okay. And then Charles Reamon, how much

7 do you think you’ve given him in the last year prior

8 to filing?

9 A. Probably about 15-, 20-.

10 Q. 15- to 20,000?

11 A. Yeah. He worked for me as my personal

12 assistant, so that’s where the majority of that came

13 from.

14 Q. How about your sister, Christina?

15 A. Yeah, 20,000.

16 Q. What kind of car was it?

17 A. Yukon, 2007 Yukon Denali.

18 Q. And then Kijafa, it says money, car,

19 jewelry, art. All told, how much money do you think

20 you’ve given to Kijafa in the last year?

21 A. About 100,000.

22 Q. And how about -- what kind of car?

23 A. She has -- she’s driving a Range Rover.

24 Q. Did you give her a car other than the

25 Range Rover?



67

1 A. No. Just the Range Rover.

2 Q. Jewelry, how much --

3 MR. GINSBERG: Ken, before you pass on

4 that, remember also the money includes the care of

5 Michael and Kijafa’s children.

6 MR. WHITEHURST: Okay. Okay. I’m not

7 really asking about what it’s for. I’m just asking

8 how much it is. I certainly understand that.


10 Q. The jewelry, Mr. Vick, what is the value

11 of the jewelry you’ve given to Kijafa in the last

12 year?

13 A. Probably about 20,000.

14 Q. And the art?

15 A. We don’t have any art.

16 Q. Your brother, Marcus -- and I remember

17 you said this at the initial debtor interview that

18 you’ve given him some jewelry?

19 A. Yes.

20 Q. What’s the value of the jewelry you’ve

21 given to your brother?

22 A. Probably about $120,000 worth of jewelry,

23 150-.

24 Q. And then Tameka Taylor, what kind of car

25 did you give her?



68

1 A. She has a Lincoln Navigator. And the

2 money is probably about the same as Kijafa, probably

3 about 80,000 in addition to the...

4 MR. GINSBERG: Again, Ken, just to make

5 sure you remember, that includes, of course, for

6 Michael’s son.



9 Q. Mr. Vick, are you under any order to pay

10 support for your son?

11 A. No.

12 Q. On the next page question number nine

13 requires you to list payments related to debt

14 counseling.

15 You list Robert Craig was someone who has

16 given you debt counseling or bankruptcy advice, but

17 you don’t list what you’ve paid him or when.

18 Do you know whether --

19 A. I never paid him anything.

20 Q. Okay. Did you ever receive bankruptcy

21 advice or counseling from Jim Mitchell?

22 MR. GINSBERG: Ken, I’m sorry to

23 interrupt. I think Michael may not -- monies that did

24 go to Mr. Craig, Michael just may not be aware of

25 the -- how he got the money, where it came from.



69

1 MR. WHITEHURST: Okay. Mr. Ginsberg, do

2 you -- I mean, do you know how much money?

3 MR. GINSBERG: I know -- I don’t know. I

4 have a note about how much, but I don’t remember the

5 exact amount; we can get that to you.


7 Q. Mr. Vick, were you aware of that?

8 A. No.

9 Q. Did Jim Mitchell ever give you bankruptcy

10 advice?

11 A. No.

12 Q. Have you ever met Jim Mitchell?

13 A. No.

14 Q. On the next page you list other

15 transfers. It starts number 10. The very first one

16 is a transfer to a company called 802 Icon, Inc. Now,

17 I understand that to be a company that owns now the

18 unit at 802 450 Alton Road, which I think is a

19 building called the Icon; is that right?

20 A. Yeah.

21 Q. Whose company is that?


23 Q. How did -- well, let me back up.

24 Did you own the unit at 802 --

25 A. Yes, I owned the unit.



70

1 Q. And it was transferred out of your name

2 in June of ’08?

3 A. No. It was sold in June.

4 Q. For how much?

5 A. The exact value I paid for it. I think

6 it was about a million dollars.

7 Q. Where did the million dollars go?

8 A. I didn’t make anything off of it.

9 Q. Well, where did it go?

10 MR. CAMPSEN: It was a million-dollar

11 lien against the property.

12 MR. GINSBERG: Michael just said the

13 sales price that Michael owed on the property.

14 MR. WHITEHURST: Okay. I’m sorry.


16 Q. Who sold it for you?

17 A. My fiancee has that information on that

18 and the realtor.

19 MR. CAMPSEN: Mr. Whitehurst, we’ll point

20 out we do have a report on that and it appears the

21 property was sold subject to a $4 million judgment in

22 favor of Joel Enterprises. There was an existing

23 judgment recorded against that property that does not

24 appear at this point has been released. So whoever

25 bought that property paid the purchase price and got



71

1 it subject to a judgment.

2 MR. WHITEHURST: I’ll move on.


4 Q. At the very bottom of that page,

5 Mr. Vick, it says in June of ’08 $150,000 was

6 transferred to Williams & Bullocks.

7 Did you authorize that transfer?

8 A. No.

9 Q. Is that the one you said Mary Wong did

10 and you didn’t know what it was for?

11 A. Yes.

12 Q. I read in the paper -- and I hate to say

13 that, but I have -- that less than two years ago you

14 donated over $300,000 to a church in -- either

15 Newport News or Hampton; is that right?

16 A. Yes.

17 Q. How much was it?

18 A. In Hampton.

19 Q. How much money was it?

20 A. 300,000 exactly.

21 Q. What was the name of the church?

22 A. Psalms Ministries.

23 Q. And what was that for?

24 A. Was for my pastor and his church.

25 Q. Is that listed on here somewhere? Is



72

1 that separate from all of this, right?

2 MR. GINSBERG: Did you ask a question,

3 Ken?


5 Q. Well, let me ask you, when was that

6 donation?

7 A. In July of 2007.

8 Q. I’ll ask you to amend this to include

9 that.

10 Mr. Vick, how often are you able to talk

11 with your lawyers in this case?

12 A. About once a week.

13 Q. Are they able to call you or do you have

14 to meet with them in person?

15 A. They are able to call, but not too often.

16 Q. And did someone sit down and go over it

17 with you, these schedules and statements before you

18 signed them?

19 A. Yes. And I went through them with Peter,

20 my attorney.

21 Q. And did you make any changes to them?

22 A. No.

23 Q. What have you done to verify that they

24 are accurate?

25 A. Well, I went through them thoroughly.



73

1 Some things I didn’t know about and we already

2 discussed that. That’s basically it.

3 Q. Are you working on amending them?

4 A. Yes.

5 Q. Do you know how long it will be before

6 you amend them?

7 A. Probably take about two weeks.

8 Q. Did you rely on David Talbot to compile

9 this information?

10 A. Yes.

11 Q. How do you know if it’s right?

12 A. Some of it.

13 Q. Which part of it did you rely on David

14 Talbot for?

15 A. To gather documents.

16 Q. Are you confident that the information

17 David Talbot gave you was correct?

18 A. Yes, some of it.

19 Q. Are you still in contact with David

20 Talbot?

21 A. No.

22 Q. Are you relying on your attorneys to

23 figure out your finances for you?

24 A. Yes.

25 Q. So if your attorneys are to tell you that



74

1 your finances are a certain way, you would have to

2 agree with them, right?

3 A. Yes.

4 Q. You would agree that your schedules right

5 now do not completely list all your debt and that they

6 need to be amended?

7 A. For the most part it do, but it can be

8 amended to a certain degree.

9 Q. Do you think it completely lists all your

10 assets?

11 A. Yes, it completely lists all the assets.

12 Q. Other than the transfer to Charles

13 Reamon, have you made any payments to the creditors

14 listed in your schedules since you filed this case?

15 A. No.

16 Q. What is your plan to reorganize, to pay

17 your creditors?

18 A. To retrieve as much money as I can and

19 pay off all my debt.

20 Q. When do you think you’ll be able to file

21 a Chapter 11 plan?

22 A. As soon as possible.

23 Q. Do you have any contracts right now to

24 have income when you get out of prison?

25 A. No.



75

1 Q. Are you in negotiations with the NFL?

2 A. No.

3 Q. Are you in negotiations with the Falcons?

4 A. No.

5 Q. How about this UFL?

6 A. No.

7 Q. What are your plans when you get out of

8 prison?

9 A. My plans are to go back to playing

10 football.

11 Q. But you’re not talking to any of those

12 agencies right now?

13 MR. GINSBERG: Ken, that’s not what you

14 asked. You asked if there were any negotiations. The

15 question is does Mr. Vick have advisors who are in

16 communication with NFL officials. That’s a different

17 question.

18 MR. WHITEHURST: Okay. Well, let me

19 re-ask this.


21 Q. Mr. Vick, are you or anyone on your

22 behalf talking to the NFL about you returning to play

23 football?

24 A. Yes, my agent and my attorney.

25 Q. Who is your agent?



76

1 A. Joel Segal.

2 Q. Are you paying Mr. Segal?

3 A. No.

4 Q. Is he entitled to get a percentage if you

5 get a contract?

6 A. Yes.

7 Q. But you don’t have a contract right now?

8 A. Yeah, I don’t have a contract at this

9 point.

10 Q. Is Mr. Segal talking to the UFL on your

11 behalf?

12 A. No.

13 Q. Is anyone talking to the UFL on your

14 behalf?

15 A. No.

16 Q. Do you have any indication of what your

17 income would be if you were allowed to play for the

18 NFL?

19 A. No.

20 Q. Do you have any endorsement agreements at

21 the moment?

22 A. No, they all terminated. Contracts

23 terminated.

24 Q. Is Mr. Segal or anyone or your behalf at

25 least talking to potential endorsement prospects?



77

1 A. No.

2 Q. What’s the status of your pending

3 criminal matter in Virginia?

4 A. Still pending. And we’re in the process

5 of trying to get it worked out and try to bring it

6 through -- put an end to it.

7 Q. Okay. I think you said earlier you now

8 signed the consent order that was sent you?

9 A. Yes.

10 Q. And you understand that you’re obligated

11 to file monthly operating reports with the court?

12 A. Yes, I am.

13 Q. You understand that your first one is due

14 on the 31st which because of the holiday will be due

15 on Tuesday?

16 A. Yes.

17 Q. Are you going to be able to meet that

18 requirement?

19 A. Yes.

20 Q. Do you understand you’re required to make

21 monthly -- I’m sorry -- quarterly payments to the

22 United States Trustee?

23 A. Yes.

24 Q. And you agree to make that requirement?

25 A. Yes.



78

1 Q. Other than your attorneys, do you intend

2 to hire -- I guess there’s a real estate agent you

3 hired. Do you intend to hire any other professionals

4 in this case?

5 A. No.

6 Q. Do you intend to hire an accountant?

7 A. Yes.

8 Q. Who?

9 A. Currently right now we’re in the process

10 of evaluating some people, so...

11 Q. Okay. How about your sports agent? You

12 said you have Joel Segal?

13 A. Yes.

14 Q. Is there anyone else?

15 A. No. That’s it.

16 MR. WHITEHURST: At this point, I’ll open

17 up the floor to your creditors who all have a right to

18 ask you questions at this meeting.

19 And I’ll remind them, one, to identify

20 themselves; and two, to speak about an inch of this

21 microphone.

22 MR. GINSBERG: Give me 30 seconds, okay.

23 MR. WHITEHURST: Sure.

24 MR. GINSBERG: Thank you.

25 (There was a pause in the proceedings.)



79

1 MR. GINSBERG: Sorry about that. Thank

2 you.

3 MR. WHITEHURST: I don’t know who wants

4 to start with the questions.

5 EXAMINATION

6 BY MR. McINTYRE:

7 Q. Mr. Vick, my name is John McIntyre. Can

8 you hear me?

9 A. Yes. Can you speak up, please?

10 Q. Sure. Is that better?

11 A. Yes. Thank you.

12 Q. Mr. Vick, can you tell me where is Steve

13 Gross located?

14 A. Steve Gross is located in Atlanta,

15 Atlanta, Georgia.

16 Q. Does he have a business or does he just

17 work out of his home? Does he have an office?

18 A. Yes, he has an office. He has a

19 business.

20 Q. Do you know what the business name is?

21 A. No, I can’t remember.

22 Q. Okay. Can you tell me who set up MDV

23 Revocable Trust?

24 A. Michael Smith, who was my financial

25 advisor in 2003.



80

1 Q. And where is he located?

2 A. Phoenix, Arizona.

3 Q. Is he with a company or does he work on

4 his own?

5 A. He’s with a company.

6 Q. Would you know what the company’s name

7 is?

8 A. ProFocus.

9 Q. Did he also set up the Michael D. Vick

10 2002 Irrevocable Trust?

11 A. Yes.

12 Q. Do you know who the beneficiaries are of

13 either trust?

14 A. I think my kids.

15 Q. And are you the trustee or is someone

16 else?

17 A. I’m the trustee.

18 Q. Do you recall when the property at 1915

19 Moonlight Road in Smithfield was sold?

20 A. It was sold in November of -- October

21 of 2007.

22 Q. And do you know who purchased it?

23 A. I can’t remember the guy’s name. I’m

24 sorry.

25 Q. Is it someone you knew before or just



81

1 someone who bought it off the street?

2 A. It was somebody that I knew. Local

3 buyer.

4 MR. McINTYRE: Sir, that’s all the

5 questions I have for you now.

6 EXAMINATION

7 BY MR. STEFAN:

8 Q. Mr. Vick, my name is Greg Stefan, and I’m

9 an assistant US attorney and I’m representing the IRS.

10 A. How are you doing, Greg?

11 Q. All right, Mr. Vick. How are you doing?

12 A. All right.

13 Q. Now, your 2007 income tax return is due

14 to be filed on November 19th, 2008?

15 A. Uh-huh.

16 Q. Who is preparing that return?

17 A. Somebody that my attorney --

18 Q. So your attorney will be preparing that

19 return?

20 MR. GINSBERG: He said someone his

21 attorney has hired.

22 BY MR. STEFAN:

23 Q. So the attorney is retaining somebody to

24 prepare that return?

25 A. Yes.



82

1 Q. Okay. If you could look at your schedule

2 B on your asset schedules, item 13, your ownership

3 interest in businesses --

4 A. One second.

5 MR. GINSBERG: Schedule B -- did you say

6 schedule B, item 13?

7 MR. STEFAN: Item 13, the various

8 businesses he has an ownership interest in.

9 THE WITNESS: Okay. Go ahead.

10 BY MR. STEFAN:

11 Q. You list a Jani-King franchise. I think

12 you stated that you invested that money in that

13 company in 2002 and it stopped operating in 2002?

14 A. Yes.

15 Q. Okay. Did that company ever operate?

16 A. Yeah, it operated for about three months,

17 made about 20,000, and then it basically ran into the

18 ground by one of my friends.

19 Q. Where was that business based? Do you

20 have a property address for that?

21 A. Yeah, 1915 Moonlight Road was the

22 address.

23 Q. I also would need the employer

24 identification number for that business.

25 A. Okay.



83

1 Q. So if Mr. Ginsberg or Mr. Campsen can

2 provide that to me, that would be great.

3 A. Okay.

4 Q. Now, MV7, LLC, in looking at an asset

5 check -- I just had a question -- is that the same

6 company as MV7 Marketing, LLC?

7 A. Yeah, same company.

8 Q. Now you had listed a company called

9 Vicktory Corporation?

10 A. Yes.

11 Q. When the IRS ran the employer

12 identification number provided on your list of -- on

13 your schedule -- or statement of financial affairs --

14 A. Uh-huh.

15 Q. -- that employer identification number

16 came up with Vicktory Foundation?

17 A. Yes.

18 Q. What is Vicktory Foundation?

19 A. It was another 501(c)(3) corporation that

20 we had set up but was never used.

21 Q. Okay. So Vicktory Foundation was never

22 used?

23 A. Yeah. Basically it was the same thing,

24 but it was never used.

25 Q. Okay. You said Vicktory Foundation was



84

1 never used, and I think you said it was the same

2 thing. Do you mean the same thing as Vicktory

3 Corporation?

4 A. Yes.

5 Q. Was that a yes?

6 A. Yes.

7 Q. What is Vick Foundation?

8 A. Like I said, just another corporation

9 that we had set up; it was supposed to be charity

10 work, but we never got around to it.

11 Q. Okay. I believe you had testified that

12 you took $50,000 out of a foundation to pay something.

13 What do you mean --

14 A. The Vick Foundation -- it was operating

15 in 2006-2007, and that’s where the $50,000 came from.

16 The Vicktory Corporation was set up in, I think,

17 approximately 2003, but never had any activity. I’m

18 sorry. I was confused.

19 Q. Okay. So the $50,000 came out of Vick

20 Foundation?

21 A. Yeah, Vick Foundation.

22 Q. And do you hold an interest in Vick

23 Foundation currently?

24 A. Well, the company has been shut down, so

25 there’s no activity. So once the $50,000 was taken



85

1 out, that was basically it.

2 Q. And when was it shut down?

3 A. In June, June 2008.

4 Q. On item 18 of your statement of financial

5 affairs it asks you to list all businesses in which

6 you had an ownership interest within six years

7 preceding the filing of the bankruptcy case --

8 MR. GINSBERG: I’m sorry. You’re no

9 longer looking at the personal property.

10 MR. STEFAN: Yeah. Can you keep a tab on

11 that personal property, because I want to come back to

12 that.

13 MR. GINSBERG: Okay. Where now?

14 MR. STEFAN: Statement of financial

15 affairs, item 18.

16 MR. GINSBERG: All right.

17 MR. STEFAN: That asks Mr. Vick to list

18 all businesses, corporations in which he has an

19 ownership interest of five percent or more within the

20 six-year period preceding the bankruptcy filing.

21 BY MR. STEFAN:

22 Q. The Vick Foundation wasn’t listed on the

23 statement of financial affairs, correct?

24 A. Yes.

25 Q. Okay. And that was shut down in June of



86

1 this year?

2 A. Yes.

3 Q. Did you have an interest in a company

4 known as Vick Enterprises, Incorporated?

5 A. No.

6 Q. So are you aware of a company called Vick

7 Enterprises, Incorporated, the Michael Vick Fan Club?

8 A. No.

9 Q. Did you have an interest in a business

10 called R & R Charter Services, Inc.?

11 A. No.


13 called Bly Enterprises, Incorporated?

14 A. No.


16 called RC Sports, LLC?

17 A. No.

18 Q. In reviewing records we saw an entry for

19 RC Sports, LLC, Michael D. Vick, single member.

20 Your testimony is you did not have an

21 interest in that company?

22 A. No.

23 Q. Going back to -- and I will say I’m going

24 to provide your attorneys with a list of these

25 companies that I’ve acquired from -- that I’ve become



87

1 aware of through public record searches. As we all

2 know, the public record searches may or not be

3 accurate. They cross-reference names; I just wanted

4 to ask you whether or not you knew these, and I will

5 provide your attorneys with a list of these documents.

6 A. Okay.

7 Q. Going back to the schedule B, item 21 --

8 A. Okay.

9 Q. -- Mr. Vick, on this statement this entry

10 shows a set-off claim against the IRS against the 2006

11 IRS tax lien in the amount of $500,000.

12 Where is that money coming from?

13 A. The money supposedly is coming from my

14 financial advisor, Steve Gross.

15 Q. You said it’s coming from your financial

16 advisor. Do you mean -- is this going to be a refund

17 on your 2007 tax return?

18 A. No, it’s not a refund, but it’s going to

19 come from my losses.

20 Q. Losses from?

21 A. Losses --

22 Q. Can you repeat that?

23 A. Losses from my financial advisor, my

24 claims against him.

25 Q. Is this going to be resulting from an



88

1 amendment to your tax return?

2 A. No. Steve Gross told me I had losses on

3 my tax return, so I guess that’s where those came

4 from.

5 Q. Okay. Mr. Campsen just indicated to me

6 there’s going to be an amendment to your tax return

7 which is going to reduce your liability.

8 Does that sound accurate to you?

9 A. Yes.

10 MR. STEFAN: Those are my questions.

11 EXAMINATION

12 BY MR. HARLESS:

13 Q. Good morning, Mr. Vick. My name is David

14 Harless. I represent Joel Enterprises. How are you?

15 A. How are you doing, sir?

16 Q. I’d like to go back, if we could, on a

17 couple of questions that were asked by Mr. Whitehurst

18 just to clarify --

19 MR. GINSBERG: Dave, you’re going to have

20 to speak up.

21 MR. HARLESS: Can you hear me now?

22 THE WITNESS: Yes.

23 BY MR. HARLESS:

24 Q. I’d like to go back and clarify a couple

25 of questions and answers that you gave to



89

1 Mr. Whitehurst in response to his questions, and

2 specifically with respect to Mr. Talbot.

3 A question was asked of you by

4 Mr. Whitehurst regarding your understanding of the

5 purpose for which Mr. Talbot was going to take $50,000

6 from your foundation.

7 Do you recall that question?

8 A. Yes.

9 Q. And do you recall that you told

10 Mr. Whitehurst that you understood that Mr. Talbot was

11 taking $50,000 from the Foundation account to pay a

12 retainer to Mr. Ginsberg; is that correct?

13 A. Yes.

14 Q. Now, how did you -- who -- when did you

15 first meet Mr. Ginsberg or anyone from his firm?

16 A. Sometime in July.

17 Q. July. And who introduced you?

18 A. Dave Talbot.

19 Q. Okay. And is Dave Talbot the person who

20 recommended Mr. Ginsberg to you?

21 A. Yes.

22 Q. Okay. And where did you first meet?

23 A. We met here in Leavenworth.

24 Q. So it was a face-to-face meeting,

25 correct?



90

1 A. Yes.

2 Q. Now, the Foundation account that you

3 understood Mr. Talbot was going to withdraw $50,000 to

4 pay Mr. Ginsberg, is that the Vick Foundation that was

5 closed in June of 2008?

6 A. Yeah, that’s from the Vick Foundation.

7 Q. So could you possibly be mistaken about

8 when you understood Mr. Talbot was taking this money

9 out? In other words, was he going to take the money

10 out to pay Mr. Ginsberg in either May or June of 2008?

11 A. Supposedly sometime in June when we

12 talked about it.

13 Q. Okay. And at that time you understood

14 that Mr. Talbot had already contacted Mr. Ginsberg

15 regarding representation of you; is that correct?

16 A. Yes, at least that’s what he told me.

17 Q. And at that time the Foundation had money

18 in its bank account, correct?

19 A. Yes.

20 Q. And how much money was in its bank

21 account in June of 2008 before you closed it down?

22 A. 50,000.

23 Q. So it was exactly $50,000 in there; is

24 that correct?

25 A. Yes.



91

1 Q. And it’s your understanding that

2 Mr. Talbot took all of that money?

3 A. Yes.

4 Q. And do you have any idea what became of

5 that money?

6 A. No. I -- retainers and his travel

7 expenses, which I told him was fine by me.

8 Q. And at the time that Mr. Talbot took the

9 money out of the account, had you had your first

10 meeting with Mr. Ginsberg?

11 A. No, not at the time.

12 Q. Had you had any conversations with him by

13 phone?

14 A. No.

15 Q. Okay.

16 A. We spoke maybe two weeks later, maybe a

17 week or two.

18 Q. Okay. And is the $50,000 that Mr. Talbot

19 took out of the Vick Foundation in addition to the

20 $35,000 you learned today he took out of the Charles

21 Schwab account?

22 A. Can you repeat that?

23 Q. Yes, sir. You may recall that you

24 mentioned earlier that today is the first time that

25 you have learned that Mr. Talbot took $35,000 out of



92

1 your Charles Schwab account; is that correct?

2 A. Yes.

3 Q. Is that $35,000 in addition to the

4 $50,000 you authorized him to take out of the Vick

5 Foundation?

6 A. Yeah, that’s in addition to that.

7 Q. Who closed down the Vick Foundation for

8 you?

9 A. Supposedly, the Foundation was going to

10 be shut down once I took the 50,000 out, so I’m not

11 sure if it’s completely shut down, but I know it does

12 not operate.

13 Q. And so you don’t know if anyone has

14 actually filed the papers necessary to shut it down?

15 A. No, we haven’t done that. I’m sorry.

16 What I meant by shut down was that there was no money

17 going out or no money -- no grants coming in, charity.

18 Q. Okay. Now, in response, again, to

19 Mr. Whitehurst’s questions, he was asking you

20 regarding the claims that you potentially have. This

21 is schedule B, item number 21, if you want to refer to

22 that.

23 Specifically you were asked regarding

24 your knowledge of facts of any claims that you had

25 against the individuals that you listed there; do you



93

1 recall that question?

2 A. Yes.

3 Q. And with respect to Mr. Craig, you

4 indicated that you didn’t have any knowledge of any

5 specific facts, but you believed that you had claims

6 worth -- excuse me. I’m sorry. I’m speaking now

7 of -- who is the gentleman down in Atlanta?

8 A. Steve Gross.

9 Q. Steve Gross?

10 A. Yes.

11 Q. You don’t know what the specific facts

12 are with respect to Steve Gross, but you believe that

13 you have claims against him worth more than a couple

14 million dollars; is that correct?

15 A. Yes.

16 Q. And with respect to Mr. Woodward, the

17 question was asked and you said that yes and no, you

18 know something about claims against him.

19 Do you also think that you have claims

20 against Mr. Woodward for a couple million dollars?

21 A. Yes.

22 Q. Why do you think that?

23 A. There’s a lot of information that we’re

24 still trying to entertain right now.

25 Q. Well, I’m not asking you about what you



94

1 don’t know or what you’re trying to ascertain. I’m

2 asking what do you know now that gives you the belief

3 you have claims against Mr. Woodward for more than a

4 couple million dollars?

5 MR. GINSBERG: Dave, I think all of this

6 relates to communications by --

7 BY MR. HARLESS:

8 Q. Mr. Vick, do you have any knowledge or

9 facts regarding Mr. Woodward apart from something your

10 counsel has communicated to you?

11 A. Excuse me. Can you speak up.

12 Q. Do you have any knowledge of facts

13 regarding claims against Mr. Woodward apart from what

14 you’ve been told by your lawyers?

15 A. No.

16 Q. Okay. Thank you. Mr. Charles Reamon

17 was -- came up in the course of Mr. Whitehurst’s

18 questions, and you used the term in there of him being

19 your personal business manager; is that correct?

20 A. Yes, personal assistant.

21 Q. Personal assistant. Now, I’m trying to

22 understand the differences here, so let me ask you.

23 Mr. Gross, Steve Gross, you consider him

24 to be a financial advisor; is that correct?

25 A. Yes.



95

1 Q. And Ms. Wong, you considered her to be a

2 financial advisor; is that correct?

3 A. Yes.

4 Q. And Mr. Craig, did you consider him to be

5 a financial advisor or your attorney?

6 A. When talking to Mary, he was acting as

7 both.

8 Q. Okay. And then with respect to

9 Mr. Reamon, he is your personal business assistant; is

10 that --

11 A. Friend, business assistant, personal

12 assistant.

13 Q. And over the course of, say, the last

14 couple of years, you’ve probably given him, what, in

15 excess of a million dollars to take care of your

16 personal business?

17 A. Yes.

18 Q. Okay. Now, a question was asked of you,

19 again, during the earlier examination by

20 Mr. Whitehurst and I would ask you now, if you would,

21 to refer to schedule A, real property.


23 MR. HARLESS: Pardon me as I get there.

24 BY MR. HARLESS:

25 Q. And this specifically relates as well to



96

1 schedule H which dealt with the co-debtor issue, okay.

2 Now, I understood you earlier in response

3 to Mr. Whitehurst’s questions to say that you and

4 Mr. Reamon jointly owned some property on which you

5 have the loan that is described on schedule H; is that

6 correct?

7 A. Yes, I cosigned for Mr. Reamon.

8 Q. You cosigned the note; is that correct?

9 A. Yes.

10 Q. But do you also understand that you and

11 Mr. Reamon also own that property together?

12 A. Yes.

13 Q. Okay. And do you recall that that

14 property is located -- well, do you recall where it’s

15 located?

16 A. I think in Suffolk, borderline Suffolk,

17 Smithfield or Suffolk -- Suffolk and Surry.

18 Q. Surry County; is that correct?

19 A. Surry.

20 Q. Okay. I’ve got actually -- and, again, I

21 will disclaim, as did Mr. Whitehurst, the fact that I

22 would rely on a news report, but nonetheless, I have a

23 news report from June of 2007 which indicated -- it

24 says Michael Vick’s financial manager has filed

25 paperwork to develop a second property in Surry



97

1 County; and it goes on to say that Charles Reamon

2 submitted paperwork to build two horse stables on

3 69 acres of land on the opposite side of the county

4 from Vick’s other property, which would have been the

5 Moonlight Road address.

6 Is that the same property, sir?

7 A. Yeah, that’s the same property.

8 Q. And that 69 to 70 acres is property

9 that’s being developed for hunting lodge purposes and

10 a horse farm; is that correct?

11 A. Yeah; it’s just a horse farm.

12 Q. Just a horse farm?

13 A. Yes.

14 Q. Okay. Now, with respect to that

15 property, apart from the loan that was made -- and,

16 again, you estimated the loan was roughly $200,000?

17 A. Yes.

18 Q. Would it -- would I be -- would it

19 refresh your recollection if I told you that at least

20 the deed of trust on that property is for roughly

21 $139,000?

22 A. You said the trust fund property?

23 Q. Yeah, the mortgage.

24 A. Yeah, that’s about -- I mean, I wouldn’t

25 know, but it was about like -- that sounds about



98

1 right.

2 Q. The -- according to the public records,

3 the mortgage of that property is $137,000 --

4 A. Okay.

5 Q. -- and the deed for that property

6 indicates that the amount paid for the property was

7 $275,000 --

8 A. Okay.

9 Q. -- and that would have been roughly half

10 of the cost of that property, correct?

11 A. Yeah. Well, I didn’t know exactly, you

12 know, how much it cost. I just know it was somewhere

13 within that range.

14 Q. Okay. Well, at least the deed of record

15 says that it was 275,000. And the note is for half

16 that amount?

17 A. Yeah, that may be right. I don’t pay the

18 note, so...

19 Q. Well, on the other $137,500, did you

20 provide the money for the purchase of that?

21 A. Yes.

22 Q. Okay. And since the purchase of that

23 property, the county tax records indicate there’s been

24 improvements on the property and now that property has

25 had buildings and barns and fences and the like put on



99

1 it and that it’s now worth $434,300. That’s the

2 assessed value?

3 A. Yeah, I wouldn’t know. I don’t know if

4 Charles Reamon had an appraisal on it or not, but I

5 know --

6 Q. And did you fund the building or the

7 purchase of those improvements?

8 A. Yes.

9 Q. And that would be part of these monies

10 that you’ve been giving to Mr. Reamon over the last

11 year or so; is that correct?

12 A. Yes.

13 Q. Thank you. Now, do you list that

14 property anywhere on this schedule?

15 A. No, because I mean, it was co-owned by me

16 and Charles, so -- and I didn’t pay the note so that’s

17 why I didn’t list it on the schedule.

18 Q. But did you pay half the purchase price,

19 correct?

20 A. Yeah, I paid half the purchase price.

21 Q. You paid for all the improvements on the

22 property, correct?

23 A. Yes, because my farm is out there. Part

24 of it belongs to Charles, which is his hunting range.

25 Q. I’m not sure that I have standing to ask



100

1 for amendments to the schedules, but I’d ask that the

2 trustee at least put that in.

3 BY MR. HARLESS:

4 Q. By the way, do you know why the deed was

5 not put in your name?

6 A. I mean, because when we first purchased

7 it, it was basically for Charles. So I told him if

8 I’d put down the down payment, that he has to make the

9 payments. So he was making enough money at the time

10 to make the payments on it. So in return I wanted to

11 put my farm out there, bring some horses out there and

12 put two barns out there.

13 Q. Well, so I understand, you do -- at the

14 time you and Mr. Reamon entered this venture, you

15 understood that you were going to own at least half of

16 it, correct?

17 A. Yeah, well, I was going to own the barns

18 that were out there.

19 Q. Uh-huh, in addition to a half interest in

20 the land; is that correct?

21 A. Yeah.

22 Q. And so the fact that the deed is in his

23 name alone is not a true depiction of who, at least at

24 the outset, you understood would own it; is that

25 correct?



101

1 A. Yes, yes.

2 Q. Okay. Now, have you ever owned or do you

3 own now a residence on Shirley Landing Drive in

4 Virginia Beach, Virginia?

5 A. No.

6 Q. It’s off of Black Water Road. Do you

7 know where that is?

8 A. No, I’m not familiar with Virginia Beach.

9 Q. Okay. 2705 Shirley Landing Drive, in

10 Virginia Beach, you’ve never owned any property there?

11 A. No.

12 Q. Now, 232 Wentworth Court --

13 A. Yes.

14 Q. -- that is a piece of waterfront property

15 on the -- is it the Nansemond River?

16 A. Yes.

17 Q. And that’s owned by MDV Limited

18 Partnership; is that correct?

19 A. Yes.

20 Q. Now, help me. Are there two entities,

21 one called MDV Family Limited Partnership and MDV

22 Limited Partnership?

23 A. I think it’s one entity.

24 Q. Now, when those terms are being used,

25 they are interchangeable; is that correct?



102

1 A. Yes.

2 Q. Now, that property according to the tax

3 records was purchased for roughly $550,000.

4 Who paid for that purchase?

5 A. I paid for it. It was in 2003-2004.

6 Q. You paid for it personally?

7 A. Yes.

8 Q. Okay. And there is a home under

9 construction on that property, correct?

10 A. Yes.

11 Q. And that home is about 8- or 9,000 square

12 feet; is that correct?

13 A. I think it’s 5,700.

14 Q. And --

15 A. 6,700.

16 Q. Pardon me. And it’s near completion,

17 correct?

18 A. Yes.

19 Q. And who’s paid for the construction of

20 that home?

21 A. I did.

22 Q. And you’ve been paying for that even

23 since your commencement of your incarceration,

24 correct?

25 A. No.



103

1 Q. Well, when last did a contractor perform

2 any services on that site?

3 A. I think in about -- probably November

4 of 2007.

5 Q. And up to that point did you pay for all

6 the improvements on the property?

7 A. Yes.

8 Q. And to the best of your knowledge, has

9 there been any additional activity at that property?

10 A. No.

11 Q. Okay.

12 A. We just paid the property tax and that

13 was it.

14 Q. So you paid for the property and you paid

15 for the construction of the house on the property.

16 Why does that property not show up on your schedule as

17 a house owned by you?

18 A. I mean, I don’t know.

19 MR. CAMPSEN: Mr. Vick, if you can wait.

20 The reason it’s not on the schedules is,

21 as you’re well aware, from looking at the title of the

22 property, it’s put in the name of MDV Limited

23 Partnership. It’s owned by an entity in which

24 Mr. Vick owns all of the interest in it, and that

25 entity is listed on the asset, so it’s appropriately



104

1 scheduled. It would not be listed on the assets in

2 the real property assets because he does not own the

3 real property. I think you’re aware of that from the

4 investigation done thus far.

5 BY MR. HARLESS:

6 Q. Mr. Vick, when you bought this property,

7 you paid for it but you had it deeded in the name of

8 Michael -- excuse me -- MDV Limited Partnership; is

9 that correct?

10 A. Yes, that was my financial advisors --

11 Q. But none of the money that was used to

12 purchase that piece of real estate came from MDV

13 Limited Partnership, did it?

14 A. That was in 2003-2004. I can’t recall.

15 Q. Well, as far as the construction of the

16 home, none of the money that’s been used to construct

17 the home has come from MDV Limited Partnership; is

18 that correct?

19 A. I think it did, yes.

20 Q. Okay. Where did the money that was in

21 MDV Limited Partnership come from?

22 A. I made that money playing in the NFL.

23 Q. Pardon?

24 A. I made that money when I was playing in

25 the NFL.



105

1 Q. Okay. And did you then take that money

2 and put it into an MDV Limited Partnership bank

3 account?

4 A. Yes. At the time I think the money was

5 in the MDV account.

6 Q. And was the contractor who worked on that

7 house up through November of 2007 being paid by a MDV

8 Limited Partnership check?

9 A. No, not in 2007.

10 Q. What was he being paid by?

11 A. From the Charles Schwab account.

12 Q. And that was your personal account?

13 A. Yes.

14 Q. And so you, in fact, were paying for the

15 construction cost of this home on a piece of property

16 titled in MDV Limited Partnership’s name?

17 A. Yes, in 2007. The money was placed in a

18 CD at Towne Bank.

19 Q. Okay. MDV Limited Partnership you have

20 listed consists of Vicktory Corporation and the

21 revocable trust; is that correct?

22 A. Yes.

23 Q. And you have assigned a two-percent

24 interest in the partnership to Vicktory Corporation;

25 is that a correct statement?



106

1 A. I can’t recall. I would have to look at

2 the document.

3 Q. Turn with me, if you will, over to

4 schedule B.

5 MR. GINSBERG: We’re at schedule B.

6 BY MR. HARLESS:

7 Q. It’s item number 14. And that indicates

8 that Vicktory Corp has a two-percent ownership

9 interest in MDV Family Limited Partnership; is that

10 a --

11 A. Yes, Vicktory Corporation. It was never

12 used. It was never active.

13 Q. So Vicktory Corporation, although never

14 active, owned two percent of this limited partnership?

15 A. Yes. The one I’m looking at, yeah.

16 Q. And was Vicktory Corporation also the

17 general partner of this limited partnership?

18 A. I wouldn’t know.

19 Q. Okay. Michael Vick Revocable Trust is

20 indicated to have owned 96 percent of the MDV Family

21 Limited Partnership; do you see that?

22 A. Yes, I see it.

23 Q. Now, where is the other two percent?

24 A. I don’t know. I would have to sit down

25 with my financial advisor Michael Smith and he can get



107

1 all that information.

2 Q. Okay. Does MDV Family Limited

3 Partnership own any assets other than the house at

4 Wentworth Court?

5 A. No.

6 Q. Does it have a bank account?

7 A. No.

8 Q. Does it own any securities, CDs, or any

9 other assets to your knowledge?

10 A. No.

11 MR. CAMPSEN: If we can go back to your

12 earlier question. You asked about the two percent,

13 although I think there’s a second trust listed on item

14 14 on schedule B and there’s a Michael Vick Revocable

15 Trust, 96 percent, and then there’s a second trust, I

16 believe, Michael D. Vick 2002 Irrevocable Trust

17 U/D/T2/10/03, and I think that may be the other two

18 percent.

19 BY MR. HARLESS:

20 Q. Mr. Vick, referring to the Michael

21 D. Vick 2002 Irrevocable Trust U/D/T2/10/03, is that

22 trust still in existence?

23 A. I would think so, but I don’t think it’s

24 in use.

25 Q. Who are the beneficiaries of that trust,



108

1 if you know?

2 A. Maybe my kids and my mom.

3 Q. Who set up that trust?

4 A. Michael Smith.

5 Q. Who would have possession of the

6 documents reflecting the creation of the trust and its

7 administration since it was created?

8 A. Michael Smith.

9 Q. Okay. And he’s the one in Phoenix,

10 Arizona?

11 A. Yes.

12 Q. Now, if you’ll look at your SOFA, item

13 10 --

14 MR. GINSBERG: I’m sorry. We’re having a

15 hard time hearing you.

16 MR. HARLESS: Statement of financial

17 condition, item 10.

18 MR. GINSBERG: All right.

19 BY MR. HARLESS:

20 Q. This deals with some transfers that had

21 been made over the last two years. And I’ll take your

22 attention to MDV Family Limited Partnership and

23 there’s two transfers indicated; do you see that --

24 A. Yes.

25 Q. -- in the middle of the page?



109

1 And this Family Limited Partnership is

2 the same as the MDV Limited Partnership which owns the

3 Wentworth Court property, correct?

4 A. Yes.

5 Q. And is this correct that in March of 2007

6 you had $400,000 wired out of the MV7 defined benefit

7 pension plan account to the MDV Family Limited

8 Partnership?

9 A. Yes.

10 Q. And what was the purpose of the transfer

11 of those funds?

12 A. I don’t know. Maybe it was for

13 construction of the house or something.

14 Q. Look, if you will, at the next entry,

15 which is $145,921, and this is a wire transfer from

16 the Charles Schwab account.

17 And the Charles Schwab account was just

18 your personal -- basically a liquid brokerage account?

19 A. Yeah.

20 Q. And what was the purpose of the monies

21 transferred to MDV Limited Partnership on

22 February 22nd, 2007?

23 A. I think that was for the purchase of the

24 church.

25 Q. Say that again, please.



110

1 A. For the purchase of the church -- no.

2 Lawyer fees.

3 Q. Okay. So you wired $145,000 to the

4 Limited Partnership, the entity that owned the

5 Wentworth Court home, to pay attorney’s fees?

6 A. I’m not sure. I -- from what I can

7 recall, it was from the Charles Schwab account. I

8 think it was for attorney’s fees -- I can’t recall

9 right now. I have to do the research to find out.

10 Q. Would you kindly do that for us?

11 A. Yes.

12 Q. Can you tell me what attorneys you were

13 paying in February and march -- excuse me -- February

14 of 2007?

15 A. That wasn’t for attorneys. That may have

16 been for the construction of the house.

17 Q. Okay. So roughly six -- $545,000 in the

18 early part of 2007 for home construction, correct?

19 A. Yes.

20 Q. Do you know what the total cost of the

21 home was?

22 A. I think it was 1.3.

23 Q. 1.3 million?

24 A. Yes.

25 Q. And the property was roughly 560,000; is



111

1 that correct?

2 A. Yes.

3 Q. So roughly a $1.9 million investment?

4 A. Yes.

5 Q. And have any transfers been made from

6 either your pension plan account or your personal

7 Charles Schwab account to this personal partnership

8 since March 2007?

9 A. No.

10 Q. Okay. Let me ask you about this -- if

11 you look at that middle entry again, the $400,000 --

12 A. Yes.

13 Q. -- the Michael Vick DBPP, do you

14 understand that to mean the defined benefit pension

15 plan?

16 A. Defined benefit pension plan, yes.

17 Q. Okay. Now, how often did you resort to

18 making transfers out of that pension plan to the

19 payment of things?

20 A. I never made payments out of that pension

21 plan. First time it was touched was in 2007,

22 November, and Mary Wong took roughly 200,000 to pay --

23 put in an escrow account for the restitution for my

24 case.

25 Q. Well, if you look again at that entry, it



112

1 indicates -- and this is the form that you signed --

2 it indicates that someone authorized the payment of

3 $400,000 in March of 2007.

4 A. Of the pension plan?

5 Q. From the pension plan. Look there where

6 it says MDV --

7 MR. HARLESS: Do you-all have the page in

8 front of you?

9 MR. GINSBERG: We do.

10 MR. HARLESS: Okay. This is the

11 financial statement, SOFA, at item number 10 in the

12 middle of the page.

13 BY MR. HARLESS:

14 Q. And so who authorized the transfer of

15 $400,000 of your pension monies to the Limited

16 Partnership for construction of the house?

17 A. I don’t know where that came from. I

18 mean, at that point in time there would have been no

19 reason for me to take money from my pension plan for

20 the construction of the house.

21 Q. Well, look at -- go on down to MV7, LLC.

22 You see there with where it says July 20th, 2007?

23 A. Yes.

24 Q. And there’s $400,000 transferred from

25 that to the Charles -- from the Charles Schwab account



113

1 for the defined benefit pension plan to MV7, LLC.

2 A. Yes, I see that.

3 Q. And did you authorize that transfer?

4 A. Yes.

5 Q. And what was the purpose of that money?

6 A. I don’t know. I didn’t know it was

7 coming from the defined benefit pension plan, but that

8 was for the purchase of the church. Like I said,

9 there would have been no need for me to touch money in

10 the pension plan because I had money in different

11 accounts.

12 Q. Okay. And I understood earlier -- and

13 perhaps incorrectly, but correct me if I’m wrong -- I

14 understood earlier that the money that you used to pay

15 for the church came from either the Vick Foundation

16 or --

17 A. No, I never said that.

18 Q. -- or Vicktory Corporation.

19 Neither one?

20 A. No.

21 Q. Okay.

22 A. Vicktory Corporation was never operating;

23 it was placed into the corporation.

24 Q. Now, MV7, LLC, is the only thing that’s

25 ever done is owned automobiles?



114

1 A. Yes.

2 Q. Okay. And did you give the church

3 400,000 or $300,000?

4 A. Well, it was 300,000, but I may have took

5 out 400,000. I don’t know.

6 Q. Okay. Now, you made transfers out of

7 this same pension plan account for the $35,000 that

8 Mr. Talbot received, correct?

9 A. Yes. I knew nothing about that.

10 Q. And you also made that for the -- well,

11 it was taken out of it by Williams & Bullocks for the

12 $150,000 down at the bottom of the page on June 6th of

13 2008?

14 A. Yes, yes. I knew nothing about that as

15 well.

16 Q. And what about the $200,000 wire transfer

17 to Sutherlin, Asbill & Brennan? What was that for?

18 A. For lawyer fees.

19 Q. Okay. Now, was this fund also the source

20 of the monies that you used to pay your retainers to

21 the law firms of Crowell & Moring and Kaufman &

22 Canoles in this case?

23 A. Yes.

24 Q. Okay. Now, you have -- let me ask you

25 about sources of income that don’t appear to be listed



115

1 on the schedules. In May -- you may recall in May and

2 again in --

3 MR. GINSBERG: We’re having a hard time

4 hearing you.

5 BY MR. HARLESS:

6 Q. In May of 2007, Mr. Vick, you may recall

7 that that was really the height of the negative

8 publicity regarding the investigation --

9 MR. GINSBERG: You’re breaking up; I’m

10 not sure if something is wrong with the phone, but we

11 hear every third or fourth word.

12 BY MR. HARLESS:

13 Q. Mr. Vick, do you recall that in May of

14 2007 was really the height of the media publicity

15 about the investigation into your count?

16 MR. GINSBERG: If you’re talking, we

17 can’t hear you.

18 MR. HARLESS: Can you hear me now?


20 BY MR. HARLESS:

21 Q. Mr. Vick --

22 A. Yes, we hear you.

23 Q. -- I’m sorry.

24 In May of 2007 you may recall that a

25 number of companies with whom you had endorsement and



116

1 appearance contracts terminated their contracts with

2 you; do you recall that?

3 A. Yes.

4 Q. I’m going to ask you if you had contracts

5 with the following list of business entities, and I

6 would ask you in response to each to tell me yes or

7 no. And this would be at any time in the year 2007.

8 A. Okay.

9 Q. Nike USA?

10 A. Yes.

11 Q. AirTran Airways?

12 A. Yes.

13 Q. EA Sports?

14 A. No.

15 Q. Coca-Cola?

16 A. No.

17 Q. PowerAde?

18 A. No.

19 Q. Kraft?

20 A. No.

21 Q. Rawlings?

22 A. Yes.

23 Q. Hasbro?

24 A. No.

25 Q. Radtke Sports?



117

1 A. Yes.

2 Q. And finally in 2007 did you receive

3 appearance and endorsement income from the

4 NFL Players, Inc., the arm of the NFLPA?

5 A. Yes.

6 Q. Do any -- and where on your schedules

7 have you listed the income received from those

8 entities?

9 A. It’s not up there.

10 Q. Why not?


12 MR. GINSBERG: Because we’re still trying

13 to gather the documents reflecting monies received

14 from those entities.

15 BY MR. HARLESS:

16 Q. Where have you indicated on the schedules

17 that there may be income from these entities but it is

18 unknown?

19 A. There is no income from the entities.

20 Q. Well, I’m talking about where have you

21 indicated on those schedules that you had income in

22 2007 from Nike USA but you don’t know how much it was?

23 MR. EICHEL: This is Steve Eichel for a

24 moment. Can you just be clear whether or not the

25 contracts that you referenced were with him personally



118

1 or not?

2 MR. HARLESS: I don’t have all the

3 contracts, but I’ve seen those which are with him

4 personally.

5 THE WITNESS: Yeah, the contracts was

6 directly sent to me.

7 BY MR. HARLESS:

8 Q. Okay. And if the contracts came straight

9 to you and the payments were to come straight to you,

10 why aren’t these entities listed as sources of income

11 with the designation that the amount received was

12 unknown?

13 A. I don’t know. We’re trying to get all of

14 that information together right now with the

15 schedules.

16 Q. Are there any other sources of income for

17 endorsement and appearance revenues that I did not

18 mention through the list I just went through?

19 A. No.

20 Q. If you learn of any, you’ll certainly let

21 us know, won’t you?

22 A. Yes.

23 Q. Now, Mr. Vick, we have searched through

24 the records of the Commonwealth of Virginia and we

25 have found a number of entities that appear to have



119

1 been created on your behalf by Lawrence H. Woodward.

2 A. Yes, but none of them was used.

3 Q. None of them were what?

4 A. None of them were active.

5 Q. Well, whether active or not, I’m going to

6 ask you about these and then I’m going to ask you

7 whether you had -- what your role or status was with

8 them, okay?

9 A. Okay.

10 Q. The first one is MV7 Properties, LLC?

11 A. MV7 Properties?

12 Q. Lawrence H. Woodward set it up.

13 A. Yeah, I didn’t have any role with that.

14 I didn’t do anything with that.

15 Q. So you didn’t have any ownership

16 interest? You weren’t a member, nothing of that

17 effect?

18 A. Like I said, maybe that was set up some

19 time ago, but nothing happened with it.

20 Q. Okay. Well, just so I’m clear, you don’t

21 recall whether you had an ownership interest or not;

22 but if you did, it was a company that didn’t -- did no

23 business; is that correct?

24 A. Correct.

25 Q. The next one is DBR, Inc., trading as



120

1 Michael Vick Celebrity Football Camp?

2 A. DBR, Inc., what was that based out of?

3 What was that company called again?

4 Q. It’s a Virginia company set up by Joseph

5 H. Latchum.

6 A. I don’t know anything about that.

7 Q. Was there a Michael Vick Celebrity

8 Football Camp?

9 A. No. The camp was held in Atlanta.

10 Q. The next one is -- you’ve mentioned it --

11 the Vick Foundation?

12 A. Yes.

13 Q. The next one is Vick Farms, LLC. Have

14 you ever been affiliated with an entity by that name?

15 A. No.

16 Q. Do you know a Linda Vick?

17 A. No.

18 Q. The next is Vick Enterprises, Inc., set

19 up by Lawrence H. Woodward?

20 A. Never was used.

21 Q. Okay. What was your ownership role in

22 that entity, even though it was not used?

23 A. To be honest, I can’t even recall. I

24 mean, maybe Mr. Woodward set it up, but I can’t -- I

25 don’t know any ownership in it.



121

1 Q. The next is Mike Vick Kennels, LLC?

2 A. Yes, that was -- that was the entity that

3 was set up for my dogs.

4 Q. Okay. And that’s been shut down,

5 correct?

6 A. Yes.

7 Q. Who is responsible for filing tax returns

8 for any of these entities that I’ve mentioned?

9 A. Steve Gross.

10 Q. And to the best of your knowledge, would

11 Mr. Gross be the best source of information regarding

12 your financial records up until the spring or so of

13 this year?

14 A. No. Maybe the summer of 2007, August

15 of 2007. Other than that, Mary Wong was handling all

16 of my affairs.

17 Q. Now, earlier you mentioned -- let me ask

18 you a question. Do you recall that in the plea

19 agreement that you signed with the United States

20 government on August 24th of 2007 --

21 A. Yes.

22 Q. -- you agreed to provide a financial

23 statement to the United States justice department and

24 probation office?

25 A. Yes.



122

1 Q. Did you do so?

2 A. Yes.

3 Q. How extensive was it?

4 A. It was very extensive.

5 Q. And --

6 A. Everything that I owned and everything I

7 received.

8 Q. And who assisted you with the preparation

9 of that document?

10 A. Mr. Woodward, Lawrence Woodward.

11 Q. Were you also assisted by counsel in

12 Washington, DC?

13 A. Yes, Billy Martin.

14 Q. Did he assist you as well?

15 A. Yes.

16 Q. Do you understand that they kept copies

17 of that document when it was signed by you?

18 A. Yes.

19 Q. And would you consent to providing a copy

20 of those financial statements to the US Trustee in

21 this case?

22 A. Yes. I have to talk to my lawyers about

23 it.

24 MR. WHITEHURST: Mr. Vick, did you

25 indicate that you would consent to do that?



123

1 MR. GINSBERG: No. He indicated he’d

2 talk with his lawyers and get back to you.

3 MR. WHITEHURST: This is Ken Whitehurst.

4 And we’ll ask you to turn that over, assuming the

5 United States Attorney has it. Do you think you have

6 a copy of it, Mr. Vick?

7 THE WITNESS: No.

8 MR. STEFAN: Greg Stefan, for the United

9 States. Because of the disclosure rules between what

10 the civil division of the US Attorney’s Office can

11 obtain from the criminal division of the

12 U.S. Attorney’s Office, I do not have in my possession

13 a copy of the financial statement that Mr. Vick had

14 submitted in connection with the criminal case.

15 MR. WHITEHURST: Mr. Stefan, is there a

16 way that you can request that or is that -- is there a

17 process by which that can be obtained?

18 MR. STEFAN: I have to check with my

19 office because even though I’ve done criminal cases in

20 the past and I currently do civil cases, I can

21 honestly say this is the first time this issue has

22 ever come up, so I don’t know the answer to the

23 question.

24 MR. GINSBERG: I do, as a former criminal

25 federal prosecutor. The answer is no, you probably



124

1 can’t, but let me talk to everybody and we’ll get back

2 to you about it.

3 MR. STEFAN: Yeah. And I do know that

4 the financial information is reflected in the

5 presentence report. I know for a fact that I cannot

6 get that information.

7 MR. GINSBERG: Financial information

8 given to prefiled services in the probation department

9 are confidential, but we’ll get back to you about it.

10 MR. HARLESS: The information we have and

11 what prompted my request -- again, this is David

12 Harless -- is that we were informed by representatives

13 in the Department of Justice that they could not

14 release it, but that the defendant was perfectly

15 entitled to provide it to us, and so that’s why I made

16 the request that I did.

17 MR. GINSBERG: That’s a correct statement

18 of the law.

19 MR. HARLESS: I’m sorry. Pardon?

20 MR. GINSBERG: That is a correct

21 statement of the law.

22 MR. WHITEHURST: If I may, Mr. Ginsberg

23 and Mr. Vick. To the extent it will assist your

24 creditors and the United States Trustee in assessing

25 your case, on behalf of the United States Trustee, I



125

1 would urge you to turn that over.


3 BY MR. HARLESS:

4 Q. Okay. Mr. Vick, a moment ago we were

5 talking about Ms. -- is it Ms. Frink or Ms. Frank?

6 A. Frink.

7 Q. Is that F-r-i-n-k?

8 A. Yes.

9 Q. And her first name is Kijafa?

10 A. Yes.

11 Q. K-i-j-a-f-a, correct?

12 A. Yes.

13 MR. CAMPSEN: Kijafa.

14 BY MR. HARLESS:

15 Q. Excuse me. Kijafa. I was just

16 corrected. I apologize.

17 Are you aware of a gift that was made by

18 you in the amount of $250,000 -- excuse me -- $275,000

19 to Ms. Kijafa Frink on August 23rd of 2007?

20 A. Yes. That was through my financial

21 advisor Steve Gross. I think the money was placed

22 into a CD.

23 Q. Do you recall that Mr. Gross holds a

24 checking account in your name?

25 A. Yes.



126

1 Q. And do you recall that Mr. Gross with

2 your consent drafted a check in the amount of $275,000

3 to Etheridge Investments?

4 A. Yes.

5 Q. And the designation on that check was

6 gift, Kijafa; do you recall that?

7 A. Yes.

8 Q. And do you recall that in return for that

9 check Etheridge Investments issued to Kijafa a

10 promissory note in the amount of $275,000?

11 A. Yes.

12 Q. And Ms. Frink, to your knowledge, still

13 has possession of that note; is that correct?

14 A. Excuse me. Not really because she really

15 don’t know anything about it.

16 MR. GINSBERG: I don’t think that’s

17 right. I think there’s -- I believe that we attempted

18 to get that note into an investment and get it back

19 into the estate, but we’ve had difficulties. We can

20 give you more updated information about that. My

21 recollection is that we’ve tried to redeem that

22 investment unsuccessfully. Thus far it has been

23 done -- it hasn’t --

24 BY MR. HARLESS:

25 Q. Where in the schedules does that note --



127

1 is that note reflected?

2 A. It’s not in the schedules as of right

3 now, but it belonged to Kijafa, so we didn’t put it

4 in.

5 MR. EICHEL: This is Steve Eichel. In

6 the SOFA on number seven we do list that it was a gift

7 to Kijafa.

8 MR. HARLESS: Is there mention of a note?

9 MR. EICHEL: There is no mention of a

10 specific note under the gift section.

11 BY MR. HARLESS:

12 Q. Mr. Vick, can you hear me?

13 A. Yes.

14 Q. This past April -- you’re familiar with

15 Street & Smith’s, the sports publication?

16 A. Yes.

17 Q. And you also are familiar, are you not,

18 that they do a business journal, sports business

19 journal for what’s going on in the NFL?

20 A. Yes.

21 Q. They reported this April that in March

22 the NFLPA had paid out endorsement revenues to players

23 that had been earned in the preceding fiscal year?

24 A. Uh-huh.

25 Q. And this was for the licensing and



128

1 marketing payments that you receive under Players,

2 Inc.; do you recall that?

3 A. Yes.

4 Q. And it reports on June 9th -- actually

5 June 9th, 2008, roughly a month before you filed this

6 action --

7 A. Yes.

8 Q. -- that you received $232,000 from the

9 NFLPA or Players, Inc., the marketing arm of NFLPA.

10 Can you tell me what happened to that

11 money?

12 A. I never received that. I don’t know

13 where it went.

14 Q. But to whom were those checks typically

15 paid in the past? You’ve told me earlier that the

16 endorsement and marketing revenues were paid to you

17 directly.

18 A. From the NFL was going to Steve Gross’

19 office.

20 Q. So you would expect Steve Gross to have a

21 bank account somewhere with $230,000 roughly in it

22 from this payment; is that correct?

23 A. Yeah, if I received that payment. I

24 mean, I was suspended from the NFL for a year prior to

25 that, so I wouldn’t see a reason why I would receive a



129

1 check for $232,000.

2 Q. Well, your suspension didn’t start until

3 when?

4 A. Started in August of 2007.

5 Q. Okay. And do you know what the fiscal

6 year is for the NFL or the NFLPA?

7 A. Yes.

8 Q. Pardon?

9 A. Yes.

10 Q. What is it?

11 A. It’s the previous year.

12 Q. No. I’m saying the fiscal year, is it

13 like from April 1st until March 31st, something like

14 that?

15 A. Yes.

16 Q. And so any revenues that you earned

17 before you were suspended, you’d be entitled to before

18 the end of the fiscal year?

19 A. Yes. Well, then, Steve Gross may have

20 gotten the check then.

21 Q. Thank you. Now, that check account --

22 pardon me -- the check account and indeed the check

23 that -- the account on which the check was drafted for

24 this $275,000 to Kijafa, that -- you’ve listed that

25 account in here, correct, the HLB Gross Collins



130

1 account?

2 A. Yes.

3 Q. Now, going back to these cars, you

4 mentioned that all the cars are in the name of MV7

5 LLC, correct?

6 A. Yes.

7 Q. And you had a 2007 Range Rover and a 2007

8 Land Rover, correct?

9 A. Yes.

10 Q. And who has the Range Rover?

11 A. Kijafa.

12 Q. Who has the Land Rover?

13 A. My brother.

14 Q. That would be Marcus?

15 A. Yes.

16 Q. Who has the 2007 Ford?

17 A. Ford?

18 Q. Uh-huh.

19 A. I do.

20 Q. You do?

21 A. Yes. That belonged to me.

22 Q. Do you also jointly own a pickup truck

23 with Charles Reamon, bought a 19 -- excuse me -- a

24 2008 pickup truck?

25 A. Yes.



131

1 Q. Where does that appear on these

2 schedules?

3 A. It doesn’t because I don’t pay the note

4 on the loan.

5 Q. Do you understand that you’re getting the

6 property taxes like Mr. Reamon is?

7 A. No, I wasn’t aware of that.

8 Q. Okay. The 2007 Cadillac Escalade, who

9 owns that or who is driving it?

10 A. Kijafa’s mom.

11 Q. Kijafa’s mom, does she live with Kijafa?

12 A. Yeah, she is back and forth.

13 Q. Okay. Is there anyone that lives at the

14 West Creek Court address other than your mother?

15 A. No. Just my mom.

16 Q. Okay. None of your brothers and sisters

17 live there?

18 A. No. They come in and out occasionally.

19 My younger sister, she is still there.

20 Q. Okay. And is there anyone that lives in

21 the Hampton -- at the Hampton address, I believe

22 Haywagon Trail, other than Kijafa and your children?

23 A. No.

24 Q. How many children do you have living

25 there?



132

1 A. Two.

2 Q. Are there any other children or adults

3 living there other than Kijafa and your two children?

4 A. No.

5 Q. Carlas Hope, who did you indicate lives

6 there?

7 A. My son’s mother.

8 Q. Is there anyone else living there other

9 than her and your son?

10 A. No.

11 Q. Bear with me just a moment. I think I’m

12 just about finished.

13 Mr. Vick, the 2007 Ford that’s yours,

14 where is it located?

15 A. In Virginia.

16 Q. What address?

17 A. The Haywagon Trail.

18 Q. So it’s at Kijafa’s residence?

19 A. Yes.

20 Q. Now, if you will, turn with me to the

21 SOFA, which is item 10A, other transfers.

22 MR. GINSBERG: We have it.

23 BY MR. HARLESS:

24 Q. Did you own a home at 2846 Darlington

25 Pointe?



133

1 A. Yes. That was before I bought the house

2 that I was currently staying in in Atlanta.

3 Q. And do you recall that you sold that in

4 August of 2006?

5 A. Yes.

6 Q. Okay. And is that reflected on your

7 schedule?

8 A. No.

9 Q. And that, in fact, occurred less than two

10 years before you filed your petition, correct?

11 A. Yes.

12 Q. And I think someone else mentioned that

13 the sale of the property where you had your kennel,

14 1915 Moonlight Road, in Surry County --

15 A. Yes.

16 Q. -- it’s not listed here, is it?

17 A. Yeah, it was on the schedule.

18 Q. It was on the schedule?

19 A. Yes.

20 Q. Under other transfers?

21 A. Yeah. It was listed as sold.

22 MR. HARLESS: Okay. Mr. Ginsberg, can

23 you direct me to where that is perhaps in the schedule

24 and I’m just missing it? Mr. Campsen suggested to me

25 that it’s not on there.



134

1 MR. GINSBERG: Michael is sure he’s seen

2 it on here.

3 MR. HARLESS: Okay.

4 MR. CAMPSEN: It’s on his prior address.

5 MR. HARLESS: It’s listed as a prior

6 address, but it’s not listed as a transfer or the

7 amount or date.

8 THE WITNESS: Okay. I know I’ve seen it

9 somewhere in here.

10 BY MR. HARLESS:

11 Q. Do you know, Mr. Vick, how much you sold

12 that property for?

13 A. Yeah, it was sold for 400,000.

14 Q. 400,000?

15 A. Yes.

16 Q. Okay. Now, there’s -- again, I know that

17 they are -- the credibility can be shaky and the

18 reliability as well, but there was a press report in

19 May of 2007 in the midst of all the publicity about

20 the kennel, indicating that at the time the records

21 show that the home at Moonlight Road was registered in

22 your name and Charles Reamon, Jr.’s name?

23 A. That was just in my name.

24 Q. It was?

25 A. It was just in my name.



135

1 Q. Just your name. Did you share any of the

2 proceeds of the sale of the 1915 Moonlight Road

3 property with Mr. Reamon?

4 A. No.

5 Q. Okay. Now, in your SOFA, which is like

6 the -- I’m looking now at number one, income --

7 A. Yes.

8 Q. -- you’ve indicated here that for the

9 calendar year 2007 you believe that you received

10 $6 million from the Atlanta Falcons?

11 A. Yes.

12 Q. In the preceding year you believe you

13 received $11 million from the Atlanta Falcons?

14 A. Yes.

15 Q. And you also have indicated that you

16 received $2.3 million from MV7, LLC, an entity you’ve

17 told us here today only has four cars in it?

18 A. I received $2.3 million -- no, that’s

19 incorrect.

20 Q. Okay. Could you correct it and submit it

21 when you file your amended schedule and SOFA?

22 A. Excuse me?

23 Q. Would you correct it when you file

24 your --

25 A. Yes, yes, I will.



136

1 Q. Okay. When money was received from the

2 Falcons --

3 MR. GINSBERG: Correction to something he

4 said.

5 THE WITNESS: Yeah. A portion of that

6 money from the house that was sold at 1915 -- a

7 portion of that was given to Charles Reamon, but it

8 was given to him when I was incarcerated to handle

9 certain affairs, certain things I needed to get done.

10 BY MR. HARLESS:

11 Q. How much of the money that you received

12 for the 1915 Moonlight Road did you give to Charles

13 Reamon?

14 A. It was about 250,000.

15 Q. $250,000?

16 A. Yes.

17 Q. Now, has Charles Reamon been employed

18 since 2002?

19 A. Yes.

20 Q. By whom?

21 A. By me.

22 Q. Has he been employed by anyone other than

23 you since 2002?

24 A. Not that I can recall.

25 Q. Okay. Do you have an employment



137

1 agreement with him?

2 A. Yes.

3 Q. Who has a copy of that employment

4 agreement?

5 A. Michael Smith should still have it.

6 Q. Okay. And how much have you obligated

7 yourself to pay Charles Reamon for his services

8 annually?

9 A. Like 15,000 -- it was like -- like

10 $25,000 a year.

11 Q. $25,000 a year?

12 A. Yes.

13 Q. What did Mr. Reamon use the $250,000 that

14 you gave him in November of 2007 for?

15 A. Part of it went to paying the

16 restitution; that’s what it was used for.

17 Q. You paid restitution directly to the

18 US Department of Justice, did you not, sir?

19 A. Yes, but we had to come up with all the

20 money.

21 Q. Right.

22 A. Part of it came from the pension plan and

23 some of it came from the money in other accounts and

24 the rest came from Towne Bank.

25 Q. Towne Bank has a checking account in your



138

1 name, correct?

2 A. Yes.

3 Q. And that checking account has Charles

4 Reamon as a cosignatory on your account, correct?

5 A. Yes.

6 Q. How many other bank accounts are in your

7 name with Charles Reamon as cosignatory?

8 A. About two other accounts.

9 Q. Where are they located?

10 A. Old Point National Bank in Virginia and

11 one account at Bank of America.

12 Q. So you have three accounts total in

13 Virginia, all in Virginia?

14 A. Yes.

15 Q. And on each of those accounts, Charles

16 Reamon has basically the authority to write a check;

17 is that correct?

18 A. Yes.

19 Q. How long has he had that authority?

20 A. Since 2003, late 2003.

21 Q. And since you hired Mr. Reamon as your

22 personal assistant, is he the one that’s been

23 receiving the banking statements for those three

24 accounts?

25 A. Well, I’ve been receiving them and he’s



139

1 been receiving them. Well, I receive most of the

2 banking statements to my address in Hampton.

3 Q. Okay. And since your incarceration, has

4 he started receiving those banking statements?

5 A. I think they have all been going to my

6 house in Hampton, the Haywagon Trailer address.

7 Q. Do you know if he’s accessed any of them?

8 A. No.

9 Q. And in which of those accounts would you

10 expect Mr. Reamon has deposited the million-or-so

11 dollars that you’ve given him over the last year for

12 your personal business?

13 A. That money came from the Charles Schwab

14 account.

15 Q. I understand. But when he got it, did he

16 just stick it in his pocket or did he deposit in a

17 bank account and --

18 A. He deposited it in one of the Bank of

19 America accounts.

20 Q. Okay. Was that the Bank of America

21 account -- that’s your understanding was the one you

22 primarily used for your business purposes?

23 A. Yes.

24 Q. The Towne Bank account, what was that

25 used for?



140

1 A. That was just used for CDs I had over

2 there; that was basically used for the construction

3 loan for the house.

4 Q. Which house?

5 A. The Wentworth Court.

6 Q. And so the Towne Bank account was used as

7 the repository for construction funds for the 232

8 Wentworth Court?

9 A. Yes.

10 Q. And then finally the Old Point Bank

11 account, what was the purpose or use of that account?

12 A. We just was dealing with the local bank,

13 so whenever I needed him to make a run for me, I would

14 have him cosign on the account so he could write that.

15 Q. Well, Old Point Bank is where you got the

16 note for the Huntington horse farm, right?

17 A. Right.

18 Q. And is that the account that’s used to

19 operate the horse farm?

20 A. No.

21 Q. Which of the other two accounts is used

22 to operate the horse farm, Towne Bank or Bank of

23 America?

24 A. Bank -- Old Point is operating the horse

25 farm. I’m sorry.



141

1 Q. So Old Point, in fact, is used for that?

2 A. Yes.

3 Q. Okay. Mr. Vick, just a few follow-ups

4 here.

5 When did you first give Charles Reamon

6 your power of attorney?

7 A. Sometime in 2007.

8 Q. Was it before you were indicted?

9 A. Yes.

10 Q. Was it before the news came out that

11 there was an investigation into your counts?

12 A. Yes.

13 Q. Was it around the time you started to

14 commence the construction of a barn and the fences and

15 whatnot at the farm over in Surry County?

16 A. Yeah, I think it was some time, yeah.

17 Q. And did the power of attorney convey to

18 Mr. Reamon the right to act on your behalf in any of

19 your business matters?

20 A. Yes.

21 Q. Now, have you revoked that power of

22 attorney?

23 A. Yes.

24 Q. When did you revoke it?

25 A. In June.



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1 Q. How did you revoke it?

2 A. Well, I just had him sign a letter, I

3 think.

4 Q. You had him sign a letter?

5 A. Yes.

6 Q. Now, who facilitated that for you given

7 that you are not in Virginia at the time?

8 A. Dave Talbot put it together.

9 Q. Pardon?

10 A. Dave Talbot.

11 Q. And who has a copy of the letter that you

12 had Mr. Reamon sign?

13 A. I think Dave Talbot has it.

14 Q. Okay. Now, on August 15th Mr. Reamon

15 withdrew $150,000; is that correct?

16 A. Yes.

17 Q. And he withdrew it from your pension

18 plan?

19 A. Yes.

20 Q. Who is the trustee of that pension plan?

21 A. My kids.

22 Q. Not the beneficiaries. Who is the

23 trustee? Who is the person that has the checkbook who

24 can write checks and issue money out of that account?

25 A. Nobody ever had the authority to write



143

1 checks on that account --

2 Q. Well --

3 A. -- that I can recall. I talked to the

4 guy at the bank and he told me he can make that

5 happen.

6 Q. So you placed a phone call to the bank

7 and the bank holds the pension plan; is that correct?

8 A. I sent a letter to the bank.

9 Q. You sent a letter to the bank?

10 A. I did.

11 Q. And do you have a copy of that letter?

12 A. No.

13 Q. Who prepared the letter for you?

14 A. I prepared the letter.

15 Q. And you sent it to Charles Schwab?

16 A. Yes.

17 Q. And you directed them to issue money to

18 Charles Reamon?

19 A. Yes.

20 Q. And you did so before you filed this

21 bankruptcy proceeding?

22 A. Yes.

23 Q. And why after filing this bankruptcy

24 proceeding did you not revoke that?

25 A. I don’t know. Something that I just did.



144

1 And I didn’t know I was doing something wrong until

2 about a week after and then the money was paid back

3 into the account.

4 Q. Okay. Now, the letter you wrote to him

5 revoking the power of attorney --

6 A. Yeah.

7 Q. -- do you know if Mr. Talbot kept a copy

8 of that?

9 A. I don’t know. Probably not.

10 Q. Have you ever seen a copy of that letter?

11 A. Yes.

12 Q. You have?

13 A. Yes.

14 Q. And you signed it?

15 A. Yes. Everybody signed it.

16 Q. Has Mr. Reamon ever told you or confirmed

17 that he got a copy of that letter?

18 A. No.

19 Q. So as you sit there today, do you know

20 whether, in fact, it was sent to him by Mr. Talbot?

21 A. Yes. I think -- I think he got it.

22 Q. Based on what?

23 A. I mean, I wouldn’t know, but I know he

24 had to act on my behalf. I revoked his power of

25 attorney and Mary Wong’s power of attorney.



145

1 MR. HARLESS: Well, again, we’d ask that

2 if you-all would, take whatever steps necessary to

3 promptly terminate that, as well as the cosignatory

4 authority on the bank accounts.

5 MR. CAMPSEN: I don’t think there’s any

6 money.

7 MR. WHITEHURST: If I can jump in real

8 quick. This is Ken Whitehurst. In fact, the order,

9 the consent order that, Mr. Vick, you signed directs

10 you to close all of your bank accounts and deposit all

11 of the money into your debtor-in-possession bank

12 account which would stop Mr. Reamon from signing those

13 checks.


15 MR. WHITEHURST: And we’d ask -- well,

16 you’ve agreed to do that and you’ll soon be ordered to

17 do it when the judge signs it; do you understand?



20 BY MR. HARLESS:

21 Q. Other than Mr. Talbot, Ms. Wong, and

22 Charles Reamon, Mr. Vick, who else have you given

23 powers of attorney to?

24 A. That’s it.

25 Q. Are you certain?



146

1 A. Yes.

2 MR. HARLESS: Thank you, sir.

3 THE WITNESS: You’re welcome.

4 MR. WHITEHURST: Mr. Vick, this is Ken

5 Whitehurst again. I have a few follow-up questions.

6 FURTHER EXAMINATION


8 Q. You’ve indicated you gave these powers of

9 attorney out. Is it safe to say you’ve relied almost

10 entirely on the assistance of Mary Wong, David Talbot,

11 and Mr. Reamon to conduct your financial affairs for

12 you?

13 A. Yes.

14 Q. And as you sit there in prison without

15 them, are you able to manage your financial affairs?

16 A. No. Now I’m going through Peter Ginsberg

17 and his firm.

18 Q. Well, Mr. Vick, I will tell you on behalf

19 of the United States Trustee -- and I think I hope

20 your lawyers have already told you this if you haven’t

21 figured out from our questions today -- the trustee

22 has serious concerns about the missing information

23 from these schedules.

24 Bankruptcy -- as I hope it’s been

25 explained to you -- is a two-way street in many ways.



147

1 One of your obligations is to be completely open and

2 honest with your creditors and to disclose to them all

3 of your financial information. And it’s only when you

4 do that, that they can determine fairly how to deal

5 with you in this bankruptcy. And if you don’t do

6 that, they won’t be able to; do you understand?

7 A. Yes.

8 Q. Well, because of the numerous omissions

9 from this and the fact that Mr. Harless, himself, has

10 just unveiled a number of assets or potential assets

11 of the estate, the trustee is going to require you to

12 amend these schedules as completely as you possibly

13 can. And I think you said earlier you think you’ll be

14 able to do that in the next two weeks?

15 A. Yeah, maybe sooner. I’ll get started on

16 it today.

17 MR. WHITEHURST: Well, we’re going to set

18 a deadline of the 15th of September, keeping in mind

19 that we’re going to adjourn this meeting to the 30th

20 of September at nine a.m. Eastern Time. And we’ll

21 conduct that meeting -- not that this is relevant to

22 you because you’ll still be there, but all of us will

23 be in the federal building in Norfolk in room 120

24 unless anyone has an objection to it being in Norfolk.

25 But we would ask that you amend your



148

1 schedules to include everything that’s come up today

2 and everything you know about because it’s somewhat

3 concerning to us that we have to ask you a number of

4 questions before we get answers. And I think you do

5 know some more information that needs to be added.

6 So with that, we’ll adjourn this meeting

7 to room 120 of the federal building in Norfolk on

8 September 30th, at 9:00 a.m.

9 MR. GINSBERG: That’s subject to me

10 checking my calendar.

11 MR. WHITEHURST: I understand.

12 MR. GINSBERG: Thanks for your time.

13 MR. WHITEHURST: Thank you.

14 MR. GINSBERG: Good-bye everybody.

15 MS. CONLON: Thank you.

16 (The proceedings adjourned at 12:25 p.m.)

17

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25



149

1 C E R T I F I C A T E

2

3 I, the undersigned, MICHAEL D. VICK, do

4 hereby certify that I have read the foregoing

5 examination and that, to the best of my knowledge,

6 said examination is true and accurate (with the

7 exception of the following corrections listed below:)

8 Page Line Correction

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

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25



150

1 C E R T I F C A T E (Continued)

2 Page Line Correction

3

4

5

6

7

8

9

10 ______ ___________________

11 Date Signature

12

13

14 CITY OF ___________________,

15 STATE OF __________________.

16

17 I hereby certify that MICHAEL D. VICK

18 appeared before me this _________ day of

19 ____________________, 2008 and affixed his signature

20 to the foregoing examination.

21

22 ________________________

23 Notary Public

24 My commission expires:

25 ________________________



151

1 CERTIFICATE OF NOTARY PUBLIC

2

3 STATE OF: ____________________,

4 COUNTY OF: ___________________.

5

6

7 I, ______________________, Notary Public for the

8 State of __________________ at large, do hereby

9 certify that _____________________________ appeared

10 before me on the _____ day of _________________, 2008,

11 at the hour of _____ a.m./p.m., at the address of

12 __________________________________________________ and

13 was duly sworn or affirmed by me to tell the truth.

14

15

16 WITNESS MY HAND AND SEAL, in the City of

17 ____________________, County of ____________________,

18 State of __________________________, on this ______

19 day of ___________________, 20__.

20

21

22 _________________________________________

23 Notary Public

24

25 My commission expires: ________________________.



152

1 COMMONWEALTH OF VIRGINIA AT LARGE, to wit:

2 I, Scott D. Gregg, RPR, a Notary Public for

3 the Commonwealth of Virginia at Large, of

4 qualification in the Circuit Court of the City of

5 Newport News, whose commission expires July 31, 2012,

6 do hereby certify that the within witness, MICHAEL D.

7 VICK, appeared before me at Newport News, Virginia, as

8 hereinbefore set forth; and after being first duly

9 sworn by me, was thereupon examined upon his oath by

10 counsel; that his examination was recorded in

11 stenotype by me and reduced to typescript under my

12 direction; and that the foregoing transcript

13 constitutes a true, accurate, and complete transcript.

14 I further certify that I am not related to

15 nor otherwise associated with any party or counsel to

16 this proceeding, nor otherwise interested in the event

17 thereof.

18 Given under my hand this 12th day of

19 September , 2008, at Norfolk, Virginia.

20

21

22 /s/Scott D. Gregg23 __________________________________

24 Scott D. Gregg, RPR, Notary Public

25 Notary Registration No. 215323



Case 08-50775-FJS Doc 178 Filed 09/12/08 Entered …graphics8.nytimes.com/packages/pdf/business/vick...2 of MICHAEL D. VICK, taken on behalf of the United 3 States Trustee, before

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