Top Banner

of 42

Transcript of Hungary Hearing

Oct 30, 2015

Download

Documents

Rick Abbruzzese

Transcript of hearing before the Budai Központi Kerületi Bíróság (Central District Court of Buda) to take the oral deposition of Mr. László Csatáry in accordance with the procedures of the Hague Convention on behalf of plaintiffs in a class action lawsuit brought in the United States District Court, District of Columbia against the Republic of Hungary, the Hungarian National Railway and Rail Cargo Hungaria Zrt.
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 1]

    UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF COLUMBIA

    ----------------------------------------------

    ROSALIE SIMON, et al

    Plaintiffs,

    vs.

    THE REPUBLIC OF HUNGARY,

    MAGYARALLAMVASUTAK Art,

    and RAIL CARGO HUNGARIA Zrt

    Defendants.

    Case No: 1:10-cv--01770-BAH

    -----------------------------------------------------

    Hearing of Laszlo Csatary

    Hearing in Hungarian conducted through the Interpreter

    At the:

    Buda Kozponti

    Keruleti Birosag

    Budakeszi ut 51/B

    1021 Budapest Hungary

    on:

    Tuesday, 4th June, 2013, at 9:00 a.m.

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 1 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 2]

    APPEARANCES:

    For Plaintiffs:

    Mr. Charles S. Fax with Mr. Andras Hanak

    Rifkind, Livingston, Levitan & Silver

    7879 Old Georgetown Road, Suite 400

    Bethesda, Maryland 20814

    (301) 951-0150

    [email protected]

    For the Defendants:

    Mr. Konrad Lee Cailteux

    Weil, Gotshal & Manges LLP

    767 Fifth Avenue

    New York, NY 10153-0119

    (212) 310-8904

    [email protected]

    Laszlo Istvan Nagy

    Amber Christina Wessels

    Laszlo Nanyista

    Virag Heinzellmann

    Aniko Fazekas - Legal Advisor, Ministry of

    Development

    Also Present:

    Maria Mesterhazy-Kostic - Interpreter

    Kay Hendrick - Court Reporter

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 2 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 3]

    2 (9:00 a.m. Tuesday, 4th June 2013)

    3 The proeedings were conducted through the Interpreter

    4 Maria Mesterhazy Kosticne

    5

    6 JUDGE KERI: The lady is present here on

    7 behalf of the Court in the US, so it is just -- the

    8 situation is just like the one we have in Hungary when

    9 a recorder of the Hungarian court records the

    10 proceeding of the hearing we are hearing. Once we are

    11 talking about the recording of voice and pictures, let

    12 me say that according to the rules effective in

    13 Hungarian courts, it is only the members of the court

    14 who can be recorded in pictures and voice. Recording

    15 about the rest of the people present here can be done

    16 only if they give their approval to it. Is there

    17 anyone who wouldn't like -- who would like to

    18 challenge the case, to challenge recording of voice

    19 and pictures in any way? So do all present -- do all

    20 those who are present here approve of that?

    21 (Agreement by all present)

    22 And the answer has been positive. The Judge

    23 records it now for the purposes of the minutes so that

    24 all people present here approve of being recorded, of

    25 being their voices and pictures recorded.

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 3 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 4]

    1 Could I have the ID cards and passports of

    2 one person on both sides, please, and then the Judge

    3 will inform you about the contents of a document about

    4 the health status of the person to be heard.

    5 On the basis of the Hungarian prosecutor law

    6 witnesses normally don't turn up when accompanied by

    7 their legal representative because witnesses are asked

    8 about their experiences, what they themselves have

    9 seen or experienced or lived through. However, with

    10 the Treaty of the Hague, on the basis of which this

    11 hearing is taking place, it is possible that the

    12 witness should have a legal representative as well.

    13 The legal representative is the gentleman who is

    14 present here and he is authorized to give any

    15 statement in this regard with the exception of the

    16 statement to be given by the witness, because

    17 obviously he was not present when the events asked

    18 about took place.

    19 The first question raised to this gentleman

    20 was exactly the question that you have asked before:

    21 "Couldn't you have informed us about this

    22 somewhat earlier please?"

    23 Medical documentation contains personal data

    24 and information. However, we may say that on 27th May

    25 he was admitted to the hospital and this may be stated

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 4 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 5]

    1 without violating any personal rights. Is he in the

    2 hospital?

    3 MR HORVATH: No, he is not there any more.

    4 He is staying at home right now. From the medical

    5 certificate you can see that it was not just having a

    6 cold.

    7 JUDGE KERI: Can't you see any possibility

    8 or opportunity for hearing him?

    9 MR HORVATH: Well, today I am afraid --

    10 THE INTERPRETER: It was negative.

    11 MR HORVATH: People who are nursing him sent

    12 this document to me this morning and they said that he

    13 was not -- his health status was not up to it. His

    14 condition was not proper for a hearing.

    15 JUDGE KERI: If the hearing took place in

    16 his home there wouldn't be so many people present.

    17 Four people could just go there.

    18 MR HORVATH: I can ask him, but can I have a

    19 minute for it, please?

    20 (Mr Horvath left the courtroom)

    21 MR FAX: Your Honor, may I ask a question?

    22 JUDGE KERI: The language of this hearing is

    23 Hungarian, so please, I understand what you ask but

    24 please use the Interpreter.

    25 MR FAX: I would like to ask if the attorney

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 5 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 6]

    1 could identify himself on-the record with his name and

    2 his address and telephone number and e-mail.

    3 JUDGE KERI: His ID card is right here so

    4 could I ask for your kind patience for a minute and

    5 right away I will record his particulars. (Pause) Dr

    6 Gabor Horvath is the name of his legal representative,

    7 his lawyer.

    8 (Mr Horvath returned to the courtroom)

    9 MR HORVATH: For the time being they say

    10 that he is not in the condition which would be

    11 adequate, neither from the physical aspect and from

    12 the intellectual aspect either.

    13 MR FAX: Your Honor, may I ask the witness a

    14 few questions?

    15 JUDGE KERI: You can ask.

    16 MR FAX: I would like to ask, if I may, the

    17 witness a few questions?

    18 THE INTERPRETER: To the Legal

    19 Representative you mean?

    20 MR FAX: Yes.

    21 MR HORVATH: I am afraid I will not be able

    22 to answer.

    23 MR FAX: No, no, about the circumstances

    24 today.

    25 MR HORVATH: Right.

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 6 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 7]

    1 MR FAX: Did he say "yes"?

    2 MR HORVATH: "Right", he said. Yes.

    3

    4

    5

    6

    7

    8

    9 Mr Gabor Horvath

    10 Examined by Mr Fax

    11 MR FAX: Am I correct that the witness,

    12 Mr Laszlo Csatary, is under custody of the police?

    13 MR HORVATH: Now he is forbidden to leave

    14 his home.

    15 MR FAX: Is there a police guard at the

    16 home?

    17 MR HORVATH: No, he is checked once in a

    18 week.

    19 MR FAX: When he went to the hospital on

    20 May 27th did the police go with him?

    21 MR HORVATH: No.

    22 MR FAX: Were the police notified?

    23 MR HORVATH: As far as I know he informed

    24 the police, yes.

    25 MR FAX: He personally informed the police

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 7 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 8]

    1 or the police were informed by somebody else?

    2 MR HORVATH: I don't know about that. It

    3 was not me who informed them for sure.

    4 MR FAX: To the best of his understanding

    5 was that done on May 27th?

    6 MR HORVATH: I don't know.

    7 MR FAX: Were the police informed, to the

    8 attorneys knowledge, when Mr Csatary went back from

    9 the hospital to his home?

    10 MR HORVATH: The police was notified by the

    11 Court.

    12 MR FAX: The police was notified --

    13 THE INTERPRETER: The police was informed or

    14 notified by the Court, he said.

    15 MR FAX: By the Court of what?

    16 MR HORVATH: The Central District Court of

    17 Buda, the Judge responsible for the investigation.

    18 JUDGE KERI: Because there is also a penal

    19 procedure that he is the subject of.

    20 MR FAX: Right. So the Court was notified

    21 that Mr Csatary was in the hospital and then had been

    22 released from the hospital?

    23 MR HORVATH: No, there is no need for

    24 permission to be issued by the Judge to do that.

    25 MR FAX: Right. I am just asking whether

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 8 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 9]

    1 the Court was notified, was told?

    2 MR HORVATH: No, it is not necessary.

    3 MR FAX: But the police were told?

    4 MR HORVATH: Yes, of course they were,

    5 because the police checks him once in a week so they

    6 have to be informed.

    7 MR FAX: So when did Mr Csatary go back from

    8 the hospital to his home?

    9 MR HORVATH: I don't know. I don't know

    10 this precisely.

    11 MR FAX: Has he been there at home for a few

    12 days?

    13 MR HORVATH: As far as I know he has been at

    14 home for a day or two.

    15 MR FAX: Has the attorney personally visited

    16 him at home since Mr Csatary went home from the

    17 hospital?

    18 MR HORVATH: No, I didn't.

    19 MR FAX: So how did the attorney get a

    20 notice from the nurse that Mr Csatary was unable to be

    21 here today?

    22 MR HORVATH: Last night they gave me a ring

    23 on the phone and this morning they forwarded these

    24 documents.

    25 MR FAX: I see. By facsimile?

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 9 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 10]

    1 MR HORVATH: No, they brought in person.

    2 MR FAX: And this is a nurse who has written

    3 this note?

    4 MR HORVATH: You mean the medical

    5 certification?

    6 MR FAX: Yes.

    7 MR HORVATH: I am afraid I have no idea. I

    8 didn't look into it in quite some details. I presume

    9 it may be the doctor who attends to him.

    10 JUDGE KERI: Let me interrupt for a second.

    11 There is a medical certification. This has been

    12 completed by the hospital, and a document which has

    13 been submitted. This was signed by Mr Csatary

    14 himself, and in this document there is a statement in

    15 writing. In this one he refers to the subject areas

    16 that are covered by the questions. I haven't been

    17 able to read it through myself either, but according

    18 to my initial perception these are references to some

    19 events that happened in 1944. Right now we have this

    20 single copy but we can give copies of this document to

    21 the parties concerned.

    22 MR FAX: May I ask what his medical

    23 condition is that prevents him from being here this

    24 morning?

    25 JUDGE KERI: Would the Legal Representative

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 10 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 11]

    1 provide us with some accurate answers to this?

    2 MR HORVATH: I don't know anything more than

    3 the contents which are figured there in writing.

    4 JUDGE KERI: Because he has been referred to

    5 the hospital by the following statement: A weakness

    6 of the extremities and uncertain -- unsure --

    7 uncertain ability to walk. I think these are the

    8 phenomenona that we could avoid if we heard him in his

    9 home.

    10 MR FAX: I mean that would certainly be

    11 agreeable to us, your Honor.

    12 JUDGE KERI: Then let me ask the following

    13 question: Those who are here and do not come from

    14 Hungary, how long do you stay here still, how many

    15 days do you spend here?

    16 MR FAX: I have a return flight tomorrow

    17 morning but I could change it.

    18 MR CAILTEUX: We also have a return flight

    19 tomorrow morning.

    20 JUDGE KERI: I think the costs have been

    21 quite enough on both sides so if we could go there and

    22 hear him the day after tomorrow.

    23 MR HORVATH: Well, I was told that it will

    24 be possible in the second half of the week.

    25 JUDGE KERI: But the Legal Representative is

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 11 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 12]

    1 uncertain about it.

    2 THE INTERPRETER: As far as I am concerned I

    3 am open to the idea of going there, says the Judge.

    4 JUDGE KERI: Nevertheless, irrespective of

    5 this, we may even be faced with the situation that

    6 either on Thursday or Friday the witness may feel

    7 sick.

    8 MR FAX: Perhaps -- apparently the witness

    9 has given us a written statement, if we could have a

    10 chance once it is copied to review the statement that

    11 may give us a better basis on which to make an

    12 evaluation.

    13 JUDGE KERI: In a minute a copy will be

    14 generated. The paper is in Hungarian. Then I think

    15 we do not have any more questions to be raised. Do

    16 you, Mr Legal Representative?

    17 MR HORVATH: Should I by all means

    18 communicate that providing still in this week?

    19 JUDGE KERI: Well, let's wait for a while.

    20 MR FAX: I just have one more question, if I

    21 may to the attorney. Without asking the contents of

    22 any conversation, since Mr Csatary went into the

    23 hospital until now has the attorney spoken directly to

    24 Mr Csatary?

    25 MR HORVATH: No, I didn't. I communicated,

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 12 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 13]

    1 or I spoke only with his nurses, nurses and people who

    2 provide care for him or look after him.

    3 MR FAX: If I may ask before he went into

    4 the hospital when was the last time that you were able

    5 to speak to Mr Csatary?

    6 MR HORVATH: Well, when we were at a hearing

    7 at the Office of Prosecution responsible for

    8 investigations when we had the last -- when we had a

    9 hearing there I met him.

    10 MR FAX: And when was that?

    11 MR HORVATH: It was some time in the middle

    12 of May but I am afraid I cannot tell you the precise

    13 date right now.

    14 MR FAX: In the middle of May?

    15 MR HORVATH: In the middle of May. The

    16 documents were presented this week at the Office of

    17 Prosecution responsible for investigations. Yesterday

    18 they began to do it but he couldn't turn up there

    19 either.

    20 JUDGE KERI: And would he have any

    21 obligation to be present at an event of a similar kind

    22 related to the case, to the penal case that he is the

    23 subject of?

    24 MR FAX: Sorry, I misunderstood. Mr Csatary

    25 is obligated to be at the hearing or not?

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 13 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 14]

    1 MR HORVATH: You mean at the hearing where

    2 he is a suspect, where a suspect is heard?

    3 MR FAX: Yes.

    4 MR HORVATH: Yes, of course. It's natural.

    5 JUDGE KERI: This is why I have asked

    6 whether perhaps it would be possible that we joined in

    7 either before or after the hearing?

    8 MR FAX: Which is scheduled when?

    9 MR HORVATH: Well, I am afraid what happens

    10 this week will be the presentation of documents, that

    11 is the contents of some documents will be presented

    12 and on that occasion he is not obliged to be present.

    13 JUDGE KERI: Could I have the following

    14 proposal, because I have the perception that

    15 Mr Csatary's health condition is rather uncertain, so

    16 let me ask if we tried to find or identify a new date

    17 it is natural, everyone has the right to use legal

    18 representation from abroad, but then it is clear that

    19 substantial costs which may not be necessary could

    20 come up if legal representatives come here, so

    21 everybody to send his Hungarian representative to be

    22 present and then we would shorten the option that has

    23 been stated by the Treaty of the Hague, because it

    24 happens in such a manner that the Ministry is the

    25 central legal authority and they mediate, the Ministry

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 14 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 15]

    1 mediates between the two parties -- sorry, excuse

    2 me -- between the two courts.

    3 This means that only once in a month, that

    4 is monthly, we can identify a new date, this is the

    5 minimum, so that the notifications in the US should

    6 take place, should happen as well, and if Mr Csatary

    7 indicated that his health status is adequate then

    8 right away we could go there within a shorter deadline

    9 involving the representatives who can be mobilized in

    10 Hungary. This has been a proposal. It is natural

    11 that if you adhered or stick to the idea then we would

    12 identify a new date which then can be the beginning of

    13 July at the earliest or in September. We don't have

    14 to decide about this right now. You can consider it.

    15 MR FAX: First of all I want to thank the

    16 Court very much for your efforts and your ideas. I

    17 would like to read his statement which probably will

    18 help guide us in our decision.

    19 JUDGE KERI: Right. And on the side of the

    20 defence, the Defendants' side?

    21 MR CAILTEUX: I think we also would like to

    22 read the statement but then perhaps if you could take

    23 a short break in the proceedings to be able to do

    24 that.

    25 JUDGE KERI: In a minute. We will wait for

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 15 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 16]

    1 the colleague to return to have the copies.

    2 MR CAILTEUX: Thank you. We would also like

    3 to thank the Court for the assistance that it has

    4 given. I think, at least momentarily, your suggestion

    5 about trying to set up a new date mobilizing, at least

    6 the Hungarian attorneys that we have present here, may

    7 well be acceptable to us.

    8 JUDGE KERI: Right. Then we will wait for

    9 my colleague to deliver the copies and during the

    10 break you can study its contents.

    11 MR FAX: Thank you.

    12 JUDGE KERI: It will be in Hungarian so you

    13 will need to use the assistance of your colleagues.

    14 It can be explained when referring to this document

    15 that he denies these events, he denies stated facts.

    16 I don't know whether the Legal Representative has read

    17 the questions?

    18 MR HORVATH: Yes.

    19 JUDGE KERI: The first 19 refer to these

    20 persons. I don't think he denies his position.

    21 MR HORVATH: As far as his position is

    22 concerned it is also a subject of a debate in the

    23 penal procedure.

    24 JUDGE KERI: You should be given a copy.

    25 There are three defendants so the three of you who are

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 16 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 17]

    1 sitting here would like to have copies.

    2 THE INTERPRETER: The gentleman refers to

    3 the four names who represent the Defendant of the

    4 first instance and that of the second instance, some

    5 representative state and Magyar, the Hungarian railway

    6 company. And Rail Cargo Hungaria, a closed joint

    7 stock company is also represented, they represent the

    8 Defendant of the third instance.

    9 JUDGE KERI: For the purposes of the minutes

    10 we have all the names on the list and if you wish you

    11 can have a copy of those.

    12 MR FAX: In terms of the Plaintiffs'

    13 judgment regarding another hearing I will probably

    14 have to consult with my co-counsel, so I may or may

    15 not be able to provide an answer right now after

    16 looking at the --

    17 JUDGE KERI: Yes, it is natural. Besides

    18 the question of when you can come again the most

    19 important question is whether Mr Csatary will be in a

    20 condition which is adequate for a hearing. He can not

    21 refuse the hearing, but he could by a medical

    22 certification he could prove or he could make his

    23 answer effective.

    24 MR FAX: Do I understand that the written

    25 statement that is being photocopied now was written by

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 17 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 18]

    1 Mr Csatary?

    2 JUDGE KERI: This is a document which was

    3 generated by a computer. It was -- the text was

    4 entered in a computer and has been signed by

    5 Mr Csatary.

    6 MR FAX: Ah, thank you.

    7 JUDGE KERI: As far as the questions are

    8 concerned I presume that the defence have also studied

    9 the questions. There is an error in the translation

    10 because the list of questions was referred to in the

    11 text as questions of the person charged, or for the

    12 person charged who is not charged yet because this is

    13 not a penal procedure right now.

    14 THE INTERPRETER: But this is not a penal

    15 procedure, she said. This is a procedure being

    16 conducted according to the civil code, civilian.

    17 MR HANAK: If I may, the are not criminal

    18 defendants, they are defendants in a civil procedure.

    19 JUDGE KERI: Thank you. Shall we have a

    20 break now? How long should it be?

    21 MR FAX: 10 minutes.

    22 JUDGE KERI: Is that enough for the

    23 translation?

    24 MR CAILTEUX: 15.

    25 MR FAX: Fifteen is fine. I'm with Konrad.

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 18 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 19]

    1 JUDGE KERI: We shall carry on at 10.00

    2 o'clock.

    3 THE INTERPRETER: The Legal Representative

    4 is asking whether he is needed any more, and the Judge

    5 is asking whether anyone would have any more questions

    6 raised to him.

    7 MR FAX: I don't think so, your Honor.

    8 THE INTERPRETER: The Judge records that

    9 there are no further questions to be raised to the

    10 Legal Representative of the witness and his presence

    11 at the -- in the proceedings is not needed any more

    12 now.

    13 MR FAX: Thank you.

    14 MR HORVATH: If there is a new date shall we

    15 receive a new notification?

    16 JUDGE KERI: Yes, of course.

    17 MR HANAK: Right at the very beginning a

    18 very narrow circle of people could go to see him even

    19 today, so this would be the third option.

    20 JUDGE KERI: It seems all concerned could go

    21 there today.

    22 MR FAX: Yes.

    23 JUDGE KERI: The only question is whether

    24 Mr Csatary can receive us.

    25 MR HORVATH: He spoke with the person

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 19 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 20]

    1 looking after him now and he said, this person said

    2 that for the time being he is not in a suitable

    3 position for this, a suitable condition --sorry, a

    4 suitable condition.

    5 MR FAX: Excuse me, could I get one more

    6 copy of this? Are you out of copies? (Handed to Mr

    7 Fax) Thank you.

    8 JUDGE KERI: Does he consider tomorrow as a

    9 suitable date or time for the hearing?

    10 MR HORVATH: No, they said that they were

    11 going to examine this afternoon as well and then they

    12 will see.

    13 JUDGE KERI: But in this way it seems to be

    14 quite certain, so that now we are not able to identify

    15 a new date.

    16 MR FAX: Will counsel report back to the

    17 Court after the examination this afternoon, because I

    18 don't understand what happens?

    19 JUDGE KERI: No, he doesn't have to. When a

    20 witness has excused himself with a medical document

    21 then he can not be sanctioned.

    22 MR FAX: No, I didn't ask about sanctions.

    23 JUDGE KERI: I have asked this question only

    24 because if he were in a better condition right now

    25 maybe this afternoon he could be seen.

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 20 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 21]

    1 MR FAX: I understand. So my question is

    2 will we get information about that later?

    3 MR HORVATH: This afternoon if it is late I

    4 cannot inform the Court any more today, but tomorrow

    5 morning I can give them a ring.

    6 JUDGE KERI: This would mean that if in the

    7 near future there would be a hearing it could take

    8 place in his home.

    9 MR HORVATH: Excuse me, then I sit for

    10 another minute.

    11 JUDGE KERI: Yes, please do. I think we

    12 will have some information about this tomorrow morning

    13 at the earliest. This means we can not overlook the

    14 order of procedure which is prescribed to us by the

    15 Treaty of the Hague. But then could I ask the lady

    16 who is present here on behalf of the court in the US

    17 how long are you staying here?

    18 COURT REPORTER: My flight is tomorrow at

    19 5.15.

    20 JUDGE KERI: So I don't see some very great

    21 chances for having another proceedings like this.

    22 MR FAX: I have one question, if I may,

    23 about the statement. I am told that on page 1, number

    24 1, it's the second page but page 1, in bold letters

    25 above the date 1942 I understand that Mr Csatary

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 21 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 22]

    1 states in Hungarian that he does not wish to testify

    2 and that this is going to be his only statement -- and

    3 that this is going to be his only statement.

    4 THE INTERPRETER: You are asking?

    5 MR FAX: I am stating, I am paraphrasing

    6 what he is saying.

    7 THE INTERPRETER: I understand.

    8 JUDGE KERI: This is what the Hungarian text

    9 says.

    10 MR FAX: And that is what it says?

    11 JUDGE KERI: That he doesn't intend to give

    12 an oral statement.

    13 MR FAX: And that this is his only

    14 statement?

    15 MR NAGY: That is not there.

    16 MR FAX: What does it say?

    17 THE INTERPRETER: "It is not my intention to

    18 give an oral statement and I give the statement

    19 below."

    20 MR FAX: Okay. Fine. Thank you. My

    21 question to counsel is, is that his understanding

    22 regarding his client's position?

    23 JUDGE KERI: If you can communicate about

    24 this with your client because then you could tell us

    25 whether this was his intention.

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 22 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 23]

    1 MR FAX: In other words, what I am really

    2 getting at is assuming that we were to reconvene, we

    3 are all together, Mr Csatary appears, would we get any

    4 more information than he has already provided?

    5 MR HORVATH: I spoke with a person looking

    6 after him and he said that he interpreted this in the

    7 following way, he has obligation to be present but he

    8 is not obliged to give a statement.

    9 JUDGE KERI: His presence when he turns up

    10 this is voluntary, this is what the duty of the Hague

    11 says. It is also a fact that the procedure has to

    12 take place according to the Hungarian law, but the

    13 Hungarian process of law has to be observed and used

    14 in this procedure. This means that the witness can be

    15 sanctioned if he doesn't come, with the exception if

    16 he supports his reason for not turning up with a

    17 medical document, with a medical certification which

    18 reflects that he couldn't come.

    19 MR FAX: So is it the attorney's

    20 understanding that if we were to reconvene and

    21 Mr Csatary were well enough to appear, and he did

    22 appear, nevertheless, he would not testify beyond the

    23 written statement that he has already provided?

    24 MR HORVATH: I don't know this, but it is

    25 highly probable that he would state or explain the

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 23 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 24]

    1 contents which figure here in writing.

    2 JUDGE KERI: Mr Legal Representative, do you

    3 also represent Mr Csatary in the penal procedure?

    4 MR HORVATH: Yes, I do. I am his Legal

    5 Representative ordered to do that by the Hungarian

    6 State. The document of the case covers several

    7 thousand pages.

    8 JUDGE KERI: Couldn't we replace the hearing

    9 by the following, that the Court in the penal

    10 proceedings would make available quite some parts of

    11 the documentation of the case which we already have in

    12 writing. I also have some information in person about

    13 the fact that he was heard very many times in the

    14 scope of the penal proceedings. The Judge knows in

    15 person that he was heard several times in the scope of

    16 the penal proceedings and the investigation has been

    17 concluded.

    18 MR FAX: Are those documents that are

    19 publicly available, are they available to us?

    20 JUDGE KERI: No, they aren't. It can be

    21 made available upon the action taken by the Court in

    22 the US acting in the scope of this case, in the scope

    23 of legal aid. That is if the Court asked for legal

    24 assistance or a legal aid then in the scope of this

    25 legal aid or assistance it can be made available. The

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 24 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 25]

    1 claimants themselves cannot look into it but -- sorry,

    2 the claimants themselves cannot do this, excuse me,

    3 but if the Court in the US applies for it, this in the

    4 scope of legal assistance or legal aid they can do

    5 that.

    6 MR FAX: Meaning that the court in Hungary

    7 will release the documents to the court in the United

    8 States?

    9 JUDGE KERI: I cannot give you a firm answer

    10 to this question right now because I am not a judge in

    11 penal proceedings, but I know that in the legal

    12 civilian procedures these functions among countries of

    13 the European Union and among other countries beyond

    14 that as well.

    15 MR FAX: Pursuant to the Hague Convention?

    16 MR HORVATH: Yes, given the fact that in

    17 relation to the US it is only the Treaty of the Hague

    18 that can be effective in this context. Yes.

    19 MR FAX: That may work. It may.

    20 JUDGE KERI: Could I ask for your kind

    21 patience for a minute?

    22 MR FAX: Of course.

    23 JUDGE KERI: I think it would be more

    24 expedient.

    25 MR HORVATH: Let me note that right now the

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 25 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 26]

    1 documents stay with the Office of Prosecution and will

    2 remain there for 60 days. 6-0.

    3 JUDGE KERI: I wouldn't like you to have the

    4 wrong information. Legal aid in commercial and

    5 civilian and commercial cases, this is also the title

    6 of the Treaty of the Hague. We can think of the

    7 option regarding penal cases there is a Treaty as

    8 well, but right now I cannot give a statement

    9 regarding this, I mean regarding whether there is one

    10 or there isn't. According to the opinion of Mr Legal

    11 Representative, but in relation to Canada as well,

    12 such an agreement was used but this is also contained

    13 in the documents of the Prosecution Office.

    14 MR NAGY: Can the court see any chance for

    15 the civilian court contacting the penal court on this

    16 matter, because if there is a parallel penal procedure

    17 there may be an option for acquiring some documents

    18 from the penal court. This could be done by the

    19 civilian court.

    20 JUDGE KERI: The minutes are about the

    21 hearing of Mr Csatary as a suspect in the penal

    22 procedure, so the document would be about his hearing

    23 as a suspect because there he was a suspect which took

    24 place in the penal procedure. This was suggested,

    25 this was raised -- this idea was raised by the Legal

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 26 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 27]

    1 Representative of the Defendant.

    2 We can also think of the option that I

    3 contact the authority acting in this case. They will

    4 look for the documents and then involving the Ministry

    5 as well. This could be mailed to the Court in the US

    6 and then the parties would read those and then after

    7 that they could decide whether there is any more

    8 information that seems to be missing still. Then you

    9 can have some further requests as well but, indeed,

    10 there have been quite a number of hearings and it is

    11 also possible that these aspects have already been

    12 revealed.

    13 Mr Legal Representative has also said that

    14 his position, his post at that time was also a topic

    15 in the penal process. One of the key points of that

    16 penal procedure is that he was in command, whether he

    17 was a commander there or whether he was just a simple

    18 officer in position.

    19 MR HORVATH: And I think regarding questions

    20 of this kind there are some exhaustive answers in the

    21 minutes of the hearing which took place there.

    22 JUDGE KERI: By hearing, the minutes cover

    23 15 to 20 pages each. Can we please have a break so we

    24 can read the paper because those speaking English may

    25 not have the chance to look into it properly, it is 10

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 27 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 28]

    1 past 10 right now?

    2 MR NAGY: We will need 20 minutes for sure

    3 so shall we meet at half past?

    4 JUDGE KERI: Fine.

    5 MR FAX: Sure.

    6 JUDGE KERI: On the ground floor you can

    7 have a glass of water or a cup of coffee perhaps.

    8 MR FAX: Thank you.

    9 (Short Recess)

    10 JUDGE KERI: I have made copies available of

    11 the list available. This is a list of names who

    12 represent which party, but we will make corrections in

    13 it.

    14 THE INTERPRETER: The lady has indicated

    15 some corrections.

    16 JUDGE KERI: Proceeding forward I would have

    17 a question. Unfortunately Mr Legal Representative is

    18 not present any more but it is possible that the

    19 parties present have also noticed this just like I

    20 did. Mr Csatary's name is spelt in a special manner

    21 because one time it ends in a "Y" and another time it

    22 ends in an "I". Under his signature which figures at

    23 the end of his statement it is spelt with an "I" but

    24 in his own signature we can find a "Y" at the end of

    25 his name, because at this court there is also a penal

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 28 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 29]

    1 process which is conducted against him, but within my

    2 own scope of authorization I can also check the right

    3 spelling of his name as well.

    4 And from now on I would be pleased to hear

    5 your response to my suggestion, because you initiated

    6 the hearing of the witness. So this kind of

    7 information provided via the documents, would you

    8 consider this sufficient -- could I please request for

    9 your kind patience for a second because the lady here

    10 has just indicated to me that because of the loud

    11 voice in the back it cannot be heard well.

    12 MR FAX: Thank you, your Honor, again for

    13 your consideration and for your diligence and work in

    14 this matter. During the break defence counsel had the

    15 opportunity to read the statement, translated into

    16 English, and we also on behalf of the Plaintiffs

    17 reviewed the statement translated into English. After

    18 each side had read the statement I met with defence

    19 counsel, Mr Cailteux representing defendants Hungary

    20 and MAV, and Miss Wessels, representing Defendant Rail

    21 Cargo Hungaria, and we discussed the next steps. We

    22 agreed that from a practical standpoint it seemed

    23 highly unlikely that Mr Csatary would appear tomorrow

    24 and so we agreed to indicate to the Court that we are

    25 comfortable suspending this proceeding after today's

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 29 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 30]

    1 hearing.

    2 I indicated to each lawyer that from the

    3 Plaintiffs standpoint I do not want to totally

    4 surrender the opportunity to examine Mr Csatary in

    5 this court, so as a procedural matter I would like to

    6 reserve the right, if deemed appropriate at a later

    7 point, to request that we reconvene. However, as a

    8 practical matter all three of us agreed that the

    9 discussion that the Court conducted before the break

    10 concerning the possibility of obtaining access to the

    11 record of the criminal examinations might be the most

    12 effective way to complete this process.

    13 I understood that the Court indicated that

    14 you might be prepared to request the documentation

    15 from the criminal authorities and then release it to

    16 us or, perhaps, make it available to us on a

    17 confidential basis, and all counsel are in agreement

    18 that this process sounds reasonable, it sounds like

    19 what we should do, and in order to assist you in that

    20 process if you would like I could issue another letter

    21 rogatory through the Federal Judge in Washington?

    22 THE INTERPRETER: To or on behalf of

    23 Washington?

    24 MR FAX: To the Court in Washington. And in

    25 the letters rogatory ask the Court to ask you for

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 30 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 31]

    1 production of those documents on one basis or another.

    2 Would that be an acceptable procedure?

    3 JUDGE KERI: Yes, I think that this would be

    4 the most sensible -- most sensible mode of procedure,

    5 and it is important to clarify that parties cannot

    6 have such a request. It is only the Court initiating

    7 the procedure which can make this step.

    8 MR FAX: Yes.

    9 JUDGE KERI: Mr Counsel has just mentioned

    10 that you have reconciled but let me, nevertheless, ask

    11 the Defendants side do you agree with this procedure,

    12 proposal?

    13 MR CAILTEUX: On behalf of MAV and Hungary

    14 we have no objection to the procedure.

    15 MS WESSELS: On behalf of Rail Cargo

    16 Hungaria we have no objections.

    17 JUDGE KERI: I would have one more question.

    18 First we would acquire, collect the documents and in

    19 the meantime, if my understanding is right, let us not

    20 notify Mr Csatary again because we can also think of

    21 the option that the documents would be sufficient

    22 enough, or would you ask it right away now, that is to

    23 say to identify a new date?

    24 MR FAX: I do not think that's necessary,

    25 no.

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 31 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 32]

    1 JUDGE KERI: Right. I, too, believe that it

    2 is more reasonable, more sensible to study it first

    3 and in case you asked for it, nevertheless, then the

    4 order of the procedure will have to be followed and

    5 observed still, so via the court initiating the

    6 process because also the Court has the opportunity to

    7 send anyone who should be present at these

    8 proceedings, in other words it will not be avoided.

    9 Then I think this is the agreement between the

    10 parties, and the next step will be made at the time

    11 when we receive notification or a request to establish

    12 contact from the Court in the United States.

    13 MR FAX: Yes.

    14 JUDGE KERI: Thank you very much. Is there

    15 anyone who would like to present something, say or

    16 raise something?

    17 MR CAILTEUX: If I may, your Honor, I would

    18 just like to thank you for taking the time to hear us.

    19 If only the courts in the United States was as

    20 efficient as you.

    21 THE INTERPRETER: I did not hear the last

    22 part.

    23 MR CAILTEUX: I wanted to thank her and say

    24 if only courts in the United States were as efficient

    25 as her.

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 32 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 33]

    1 JUDGE KERI: Unfortunately we have not been

    2 very sufficient.

    3 MR CAILTEUX: It is "efficient".

    4 THE INTERPRETER: We have not been very

    5 efficient. Accept my apologies, please.

    6 JUDGE KERI: Because we cannot just stand

    7 up, gather together and go over to Mr Csatary's place

    8 and hear him there, so unfortunately today we have not

    9 been able to hear him. The minutes will be mailed by

    10 the Ministry to all parties concerned as well. The

    11 proceedings have been recorded in the minutes

    12 comprehensively so I sincerely hope that nothing has

    13 been missed. Irrespective of this according to the

    14 order of procedures in Hungarian court proceedings the

    15 parties still have the right to suggest some

    16 corrections or give some remarks regarding the

    17 contents.

    18 Thank you very much for being here.

    19 MR FAX: Thank you, your Honor.

    20 MR CAILTEUX: Thank you, Your Honor.

    21 (Off the record at 11:00 a.m.)

    22 ------ooo------

    23

    24

    25

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 33 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 34]

    1 CERTIFICATE OF COURT REPORTER

    2

    3 I, KAY HENDRICK, a Real-time Reporter of London,

    England, hereby certify that the testimony of the

    4 witness LASZLO CSATARY in the foregoing

    transcript, taken on Tuesday, June 4th 2013, was

    5 recorded by me in machine shorthand and was

    thereafter transcribed by me; and that the foregoing

    6 transcript is a true and accurate verbatim record of

    the said testimony.

    7

    8 I further certify that I am not a relative,

    employee, counsel or financially involved with any

    9 of the parties to the within cause, nor am I an

    employee or relative of any counsel for the parties,

    10 nor am I in any way interested in the outcome of the

    within cause.

    11

    12

    13

    14

    15 Signed: ........................

    16 KAY HENDRICK

    17 Dated: June 10th 2013

    18

    19

    20

    21

    22

    23

    24

    25

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 34 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 1]

    A

    a.m 1:21 3:2 33:21

    ability 11:7

    able 6:21 10:17 13:4 15:23

    17:15 20:14 33:9

    abroad 14:18

    Accept 33:5

    acceptable 16:7 31:2

    access 30:10

    accompanied 4:6

    accurate 11:1 34:6

    acquire 31:18

    acquiring 26:17

    acting 24:22 27:3

    action 24:21

    address 6:2

    adequate 6:11 15:7 17:20

    adhered 15:11

    admitted 4:25

    Advisor 2:16

    afraid 5:9 6:21 10:7 13:12

    14:9

    afternoon 20:11,17,25 21:3

    agree 31:11

    agreeable 11:11

    agreed 29:22,24 30:8

    agreement 3:21 26:12 30:17

    32:9

    Ah 18:6

    aid 24:23,24,25 25:4 26:4

    al 1:3

    Amber 2:14

    Andras 2:3

    Aniko 2:16

    answer 3:22 6:22 17:15,23

    25:9

    answers 11:1 27:20

    apologies 33:5

    apparently 12:8

    appear 23:21,22 29:23

    APPEARANCES 2:1

    appears 23:3

    applies 25:3

    appropriate 30:6

    approval 3:16

    approve 3:20,24

    areas 10:15

    Art 1:6

    asked 4:7,17,20 14:5 20:23

    24:23 32:3

    asking 8:25 12:21 19:4,5 22:4

    aspect 6:11,12

    aspects 27:11

    assist 30:19

    assistance 16:3,13 24:24,25

    25:4

    assuming 23:2

    attends 10:9

    attorney 5:25 9:15,19 12:21

    12:23

    attorney's 23:19

    attorneys 8:8 16:6

    authorities 30:15

    authority 14:25 27:3

    authorization 29:2

    authorized 4:14

    available 24:10,19,19,21,25

    28:10,11 30:16

    Avenue 2:11

    avoid 11:8

    avoided 32:8

    B

    back 8:8 9:7 20:16 29:11

    basis 4:5,10 12:11 30:17 31:1

    began 13:18

    beginning 15:12 19:17

    behalf 3:7 21:16 29:16 30:22

    31:13,15

    believe 32:1

    best 8:4

    Bethesda 2:5

    better 12:11 20:24

    beyond 23:22 25:13

    Birosag 1:16

    bold 21:24

    break 15:23 16:10 18:20

    27:23 29:14 30:9

    brought 10:1

    Buda 1:15 8:17

    Budakeszi 1:17

    Budapest 1:18

    C

    Cailteux 2:10 11:18 15:21

    16:2 18:24 29:19 31:13

    32:17,23 33:3,20

    Canada 26:11

    card 6:3

    cards 4:1

    care 13:2

    Cargo 1:7 17:6 29:21 31:15

    carry 19:1

    case 1:8 3:18 13:22,22 24:6

    24:11,22 27:3 32:3

    cases 26:5,7

    cause 34:9,10

    central 8:16 14:25

    certain 20:14

    certainly 11:10

    certificate 5:5 34:1

    certification 10:5,11 17:22

    23:17

    certify 34:3,8

    [email protected] 2:6

    challenge 3:18,18

    chance 12:10 26:14 27:25

    chances 21:21

    change 11:17

    charged 18:11,12,12

    Charles 2:3

    check 29:2

    checked 7:17

    checks 9:5

    Christina 2:14

    circle 19:18

    circumstances 6:23

    civil 18:16,18

    civilian 18:16 25:12 26:5,15

    26:19

    claimants 25:1,2

    clarify 31:5

    clear 14:18

    client 22:24

    client's 22:22

    closed 17:6

    co-counsel 17:14

    code 18:16

    coffee 28:7

    cold 5:6

    colleague 16:1,9

    colleagues 16:13

    collect 31:18

    COLUMBIA 1:1

    come 11:13 14:20,20 17:18

    23:15,18

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 35 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 2]

    comfortable 29:25

    command 27:16

    commander 27:17

    commercial 26:4,5

    communicate 12:18 22:23

    communicated 12:25

    company 17:6,7

    complete 30:12

    completed 10:12

    comprehensively 33:12

    computer 18:3,4

    concerned 10:21 12:2 16:22

    18:8 19:20 33:10

    concerning 30:10

    concluded 24:17

    condition 5:14 6:10 10:23

    14:15 17:20 20:3,4,24

    conducted 1:12 3:3 18:16

    29:1 30:9

    confidential 30:17

    consider 15:14 20:8 29:8

    consideration 29:13

    consult 17:14

    contact 27:3 32:12

    contacting 26:15

    contained 26:12

    contains 4:23

    contents 4:3 11:3 12:21 14:11

    16:10 24:1 33:17

    context 25:18

    Convention 25:15

    conversation 12:22

    copied 12:10

    copies 10:20 16:1,9 17:1 20:6

    28:10

    copy 10:20 12:13 16:24 17:11

    20:6

    correct 7:11

    corrections 28:12,15 33:16

    costs 11:20 14:19

    counsel 20:16 22:21 29:14,19

    30:17 31:9 34:8,9

    countries 25:12,13

    course 9:4 14:4 19:16 25:22

    court 1:1 2:20 3:7,9,13 8:11

    8:14,15,16,20 9:1 15:16

    16:3 20:17 21:4,16,18 24:9

    24:21,23 25:3,6,7 26:14,15

    26:15,18,19 27:5 28:25

    29:24 30:5,9,13,24,25 31:6

    32:5,6,12 33:14 34:1

    courtroom 5:20 6:8

    courts 3:13 15:2 32:19,24

    cover 27:22

    covered 10:16

    covers 24:6

    criminal 18:17 30:11,15

    Csatary 1:11 7:12 8:8,21 9:7

    9:16,20 10:13 12:22,24 13:5

    13:24 15:6 17:19 18:1,5

    19:24 21:25 23:3,21 24:3

    26:21 29:23 30:4 31:20

    34:4

    Csatary's 14:15 28:20 33:7

    cup 28:7

    custody 7:12

    D

    data 4:23

    date 13:13 14:16 15:4,12

    16:5 19:14 20:9,15 21:25

    31:23

    Dated 34:17

    day 9:14 11:22

    days 9:12 11:15 26:2

    deadline 15:8

    debate 16:22

    decide 15:14 27:7

    decision 15:18

    deemed 30:6

    defence 15:20 18:8 29:14,18

    Defendant 17:3,8 27:1 29:20

    defendants 1:7 2:9 15:20

    16:25 18:18,18 29:19 31:11

    deliver 16:9

    denies 16:15,15,20

    details 10:8

    Development 2:16

    diligence 29:13

    directly 12:23

    discussed 29:21

    discussion 30:9

    District 1:1,1 8:16

    doctor 10:9

    document 4:3 5:12 10:12,14

    10:20 16:14 18:2 20:20

    23:17 24:6 26:22

    documentation 4:23 24:11

    30:14

    documents 9:24 13:16 14:10

    14:11 24:18 25:7 26:1,13,17

    27:4 29:7 31:1,18,21

    Dr 6:5

    duty 23:10

    E

    e-mail 6:2

    earlier 4:22

    earliest 15:13 21:13

    effective 3:12 17:23 25:18

    30:12

    efficient 32:20,24 33:3,5

    efforts 15:16

    either 6:12 10:17 12:6 13:19

    14:7

    employee 34:8,9

    ends 28:21,22

    England 34:3

    English 27:24 29:16,17

    entered 18:4

    error 18:9

    establish 32:11

    et 1:3

    European 25:13

    evaluation 12:12

    event 13:21

    events 4:17 10:19 16:15

    everybody 14:21

    exactly 4:20

    examination 20:17

    examinations 30:11

    examine 20:11 30:4

    Examined 7:10

    exception 4:15 23:15

    excuse 15:1 20:5 21:9 25:2

    excused 20:20

    exhaustive 27:20

    expedient 25:24

    experienced 4:9

    experiences 4:8

    explain 23:25

    explained 16:14

    extremities 11:6

    F

    faced 12:5

    facsimile 9:25

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 36 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 3]

    fact 23:11 24:13 25:16

    facts 16:15

    far 7:23 9:13 12:2 16:21 18:7

    Fax 2:3 5:21,25 6:13,16,20,23

    7:1,10,11,15,19,22,25 8:4,7

    8:12,15,20,25 9:3,7,11,15

    9:19,25 10:2,6,22 11:10,16

    12:8,20 13:3,10,14,24 14:3

    14:8 15:15 16:11 17:12,24

    18:6,21,25 19:7,13,22 20:5

    20:7,16,22 21:1,22 22:5,10

    22:13,16,20 23:1,19 24:18

    25:6,15,19,22 28:5,8 29:12

    30:24 31:8,24 32:13 33:19

    Fazekas 2:16

    Federal 30:21

    feel 12:6

    Fifteen 18:25

    Fifth 2:11

    figure 24:1

    figured 11:3

    figures 28:22

    financially 34:8

    find 14:16 28:24

    fine 18:25 22:20 28:4

    firm 25:9

    first 4:19 15:15 16:19 17:4

    31:18 32:2

    flight 11:16,18 21:18

    floor 28:6

    followed 32:4

    following 11:5,12 14:13 23:7

    24:9

    forbidden 7:13

    foregoing 34:4,5

    forward 28:16

    forwarded 9:23

    four 5:17 17:3

    Friday 12:6

    functions 25:12

    further 19:9 27:9 34:8

    future 21:7

    G

    Gabor 6:6 7:9

    gather 33:7

    generated 12:14 18:3

    gentleman 4:13,19 17:2

    Georgetown 2:5

    getting 23:2

    give 3:16 4:14 10:20 12:11

    21:5 22:11,18,18 23:8 25:9

    26:8 33:16

    given 4:16 12:9 16:4,24 25:16

    glass 28:7

    go 5:17 7:20 9:7 11:21 15:8

    19:18,20 33:7

    going 12:3 20:11 22:2,3

    Gotshal 2:11

    great 21:20

    ground 28:6

    guard 7:15

    guide 15:18

    H

    Hague 4:10 14:23 21:15

    23:10 25:15,17 26:6

    half 11:24 28:3

    Hanak 2:3 18:17 19:17

    Handed 20:6

    happen 15:6

    happened 10:19

    happens 14:9,24 20:18

    health 4:4 5:13 14:15 15:7

    hear 11:22 29:4 32:18,21

    33:8,9

    heard 4:4 11:8 14:2 24:13,15

    29:11

    hearing 1:11,12 3:10,10 4:11

    5:8,14,15,22 13:6,9,25 14:1

    14:7 17:13,20,21 20:9 21:7

    24:8 26:21,22 27:21,22 29:6

    30:1

    hearings 27:10

    Heinzellmann 2:15

    help 15:18

    Hendrick 2:20 34:3,16

    highly 23:25 29:23

    home 5:4,16 7:14,16 8:9 9:8

    9:11,14,16,16 11:9 21:8

    Honor 5:21 6:13 11:11 19:7

    29:12 32:17 33:19,20

    hope 33:12

    Horvath 5:3,9,11,18,20 6:6,8

    6:9,21,25 7:2,9,13,17,21,23

    8:2,6,10,16,23 9:2,4,9,13,18

    9:22 10:1,4,7 11:2,23 12:17

    12:25 13:6,11,15 14:1,4,9

    16:18,21 19:14,25 20:10

    21:3,9 23:5,24 24:4 25:16

    25:25 27:19

    hospital 4:25 5:2 7:19 8:9,21

    8:22 9:8,17 10:12 11:5

    12:23 13:4

    Hungaria 1:7 17:6 29:21

    31:16

    Hungarian 1:12 3:9,13 4:5

    5:23 12:14 14:21 16:6,12

    17:5 22:1,8 23:12,13 24:5

    33:14

    Hungary 1:6,18 3:8 11:14

    15:10 25:6 29:19 31:13

    I

    ID 4:1 6:3

    idea 10:7 12:3 15:11 26:25

    ideas 15:16

    identify 6:1 14:16 15:4,12

    20:14 31:23

    important 17:19 31:5

    indicate 29:24

    indicated 15:7 28:14 29:10

    30:2,13

    inform 4:3 21:4

    information 4:24 21:2,12

    23:4 24:12 26:4 27:8 29:7

    informed 4:21 7:23,25 8:1,3

    8:7,13 9:6

    initial 10:18

    initiated 29:5

    initiating 31:6 32:5

    instance 17:4,4,8

    intellectual 6:12

    intend 22:11

    intention 22:17,25

    interested 34:10

    interpreted 23:6

    Interpreter 1:12 2:20 3:3

    5:10,24 6:18 8:13 12:2 17:2

    18:14 19:3,8 22:4,7,17

    28:14 30:22 32:21 33:4

    interrupt 10:10

    investigation 8:17 24:16

    investigations 13:8,17

    involved 34:8

    involving 15:9 27:4

    irrespective 12:4 33:13

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 37 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 4]

    issue 30:20

    issued 8:24

    Istvan 2:14

    J

    joined 14:6

    joint 17:6

    judge 3:6,22 4:2 5:7,15,22

    6:3,15 8:17,18,24 10:10,25

    11:4,12,20,25 12:3,4,13,19

    13:20 14:5,13 15:19,25 16:8

    16:12,19,24 17:9,17 18:2,7

    18:19,22 19:1,4,8,16,20,23

    20:8,13,19,23 21:6,11,20

    22:8,11,23 23:9 24:2,8,14

    24:20 25:9,10,20,23 26:3,20

    27:22 28:4,6,10,16 30:21

    31:3,9,17 32:1,14 33:1,6

    judgment 17:13

    July 15:13

    June 1:21 3:2 34:4,17

    K

    Kay 2:20 34:3,16

    KERI 3:6 5:7,15,22 6:3,15

    8:18 10:10,25 11:4,12,20,25

    12:4,13,19 13:20 14:5,13

    15:19,25 16:8,12,19,24 17:9

    17:17 18:2,7,19,22 19:1,16

    19:20,23 20:8,13,19,23 21:6

    21:11,20 22:8,11,23 23:9

    24:2,8,20 25:9,20,23 26:3

    26:20 27:22 28:4,6,10,16

    31:3,9,17 32:1,14 33:1,6

    Keruleti 1:16

    key 27:15

    kind 6:4 13:21 25:20 27:20

    29:6,9

    know 7:23 8:2,6 9:9,9,13

    11:2 16:16 23:24 25:11

    knowledge 8:8

    knows 24:14

    Konrad 2:10 18:25

    [email protected]

    2:13

    Kosticne 3:4

    Kozponti 1:15

    L

    lady 3:6 21:15 28:14 29:9

    language 5:22

    Laszlo 1:11 2:14,15 7:12 34:4

    late 21:3

    law 4:5 23:12,13

    lawyer 6:7 30:2

    leave 7:13

    Lee 2:10

    left 5:20

    legal 2:16 4:7,12,13 6:6,18

    10:25 11:25 12:16 14:17,20

    14:25 16:16 19:3,10 24:2,4

    24:23,23,24,25 25:4,4,11

    26:4,10,25 27:13 28:17

    let's 12:19

    letter 30:20

    letters 21:24 30:25

    Levitan 2:4

    list 17:10 18:10 28:11,11

    lived 4:9

    Livingston 2:4

    LLP 2:11

    London 34:3

    long 11:14 18:20 21:17

    look 10:8 13:2 25:1 27:4,25

    looking 17:16 20:1 23:5

    loud 29:10

    M

    machine 34:5

    Magyar 17:5

    MAGYARALLAMVASU...

    1:6

    mailed 27:5 33:9

    Manges 2:11

    manner 14:24 28:20

    Maria 2:20 3:4

    Maryland 2:5

    matter 26:16 29:14 30:5,8

    MAV 29:20 31:13

    mean 6:19 10:4 11:10 14:1

    21:6 26:9

    Meaning 25:6

    means 12:17 15:3 21:13

    23:14

    mediate 14:25

    mediates 15:1

    medical 4:23 5:4 10:4,11,22

    17:21 20:20 23:17,17

    meet 28:3

    members 3:13

    mentioned 31:9

    Mesterhazy 3:4

    Mesterhazy-Kostic 2:20

    met 13:9 29:18

    middle 13:11,14,15

    minimum 15:5

    Ministry 2:16 14:24,25 27:4

    33:10

    minute 5:19 6:4 12:13 15:25

    21:10 25:21

    minutes 3:23 17:9 18:21

    26:20 27:21,22 28:2 33:9,11

    missed 33:13

    missing 27:8

    misunderstood 13:24

    mobilized 15:9

    mobilizing 16:5

    mode 31:4

    momentarily 16:4

    month 15:3

    monthly 15:4

    morning 5:12 9:23 10:24

    11:17,19 21:5,12

    N

    Nagy 2:14 22:15 26:14 28:2

    name 6:1,6 28:20,25 29:3

    names 17:3,10 28:11

    Nanyista 2:15

    narrow 19:18

    natural 14:4,17 15:10 17:17

    near 21:7

    necessary 9:2 14:19 31:24

    need 8:23 16:13 28:2

    needed 19:4,11

    negative 5:10

    neither 6:11

    nevertheless 12:4 23:22

    31:10 32:3

    new 2:12 14:16 15:4,12 16:5

    19:14,15 20:15 31:23

    night 9:22

    normally 4:6

    note 10:3 25:25

    notice 9:20

    noticed 28:19

    notification 19:15 32:11

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 38 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 5]

    notifications 15:5

    notified 7:22 8:10,12,14,20

    9:1

    notify 31:20

    number 6:2 21:23 27:10

    nurse 9:20 10:2

    nurses 13:1,1

    nursing 5:11

    NY 2:12

    O

    o'clock 19:2

    objection 31:14

    objections 31:16

    obligated 13:25

    obligation 13:21 23:7

    obliged 14:12 23:8

    observed 23:13 32:5

    obtaining 30:10

    obviously 4:17

    occasion 14:12

    Office 13:7,16 26:1,13

    officer 27:18

    Okay 22:20

    Old 2:5

    on-the 6:1

    once 3:10 7:17 9:5 12:10 15:3

    ooo 33:22

    open 12:3

    opinion 26:10

    opportunity 5:8 29:15 30:4

    32:6

    option 14:22 19:19 26:7,17

    27:2 31:21

    oral 22:12,18

    order 21:14 30:19 32:4 33:14

    ordered 24:5

    outcome 34:10

    overlook 21:13

    P

    page 21:23,24,24

    pages 24:7 27:23

    paper 12:14 27:24

    parallel 26:16

    paraphrasing 22:5

    part 32:22

    particulars 6:5

    parties 10:21 15:1 27:6 28:19

    31:5 32:10 33:10,15 34:9,9

    parts 24:10

    party 28:12

    passports 4:1

    patience 6:4 25:21 29:9

    Pause 6:5

    penal 8:18 13:22 16:23 18:13

    18:14 24:3,9,14,16 25:11

    26:7,15,16,18,21,24 27:15

    27:16 28:25

    people 3:15,24 5:11,16,17

    13:1 19:18

    perception 10:18 14:14

    permission 8:24

    person 4:2,4 10:1 18:11,12

    19:25 20:1 23:5 24:12,15

    personal 4:23 5:1

    personally 7:25 9:15

    persons 16:20

    phenomenona 11:8

    phone 9:23

    photocopied 17:25

    physical 6:11

    pictures 3:11,14,19,25

    place 4:11,18 5:15 15:6 21:8

    23:12 26:24 27:21 33:7

    Plaintiffs 1:3 2:2 17:12 29:16

    30:3

    please 4:2,22 5:19,23,24

    21:11 27:23 29:8 33:5

    pleased 29:4

    point 30:7

    points 27:15

    police 7:12,15,20,22,24,25

    8:1,7,10,12,13 9:3,5

    position 16:20,21 20:3 22:22

    27:14,18

    positive 3:22

    possibility 5:7 30:10

    possible 4:11 11:24 14:6

    27:11 28:18

    post 27:14

    practical 29:22 30:8

    precise 13:12

    precisely 9:10

    prepared 30:14

    prescribed 21:14

    presence 19:10 23:9

    present 2:19 3:6,15,19,20,21

    3:24 4:14,17 5:16 13:21

    14:12,22 16:6 21:16 23:7

    28:18,19 32:7,15

    presentation 14:10

    presented 13:16 14:11

    presume 10:8 18:8

    prevents 10:23

    probable 23:25

    probably 15:17 17:13

    procedural 30:5

    procedure 8:19 16:23 18:13

    18:15,15,18 21:14 23:11,14

    24:3 26:16,22,24 27:16 31:2

    31:4,7,11,14 32:4

    procedures 25:12 33:14

    proceeding 3:10 28:16 29:25

    proceedings 15:23 19:11

    21:21 24:10,14,16 25:11

    32:8 33:11,14

    process 23:13 27:15 29:1

    30:12,18,20 32:6

    production 31:1

    proeedings 3:3

    proper 5:14

    properly 27:25

    proposal 14:14 15:10 31:12

    Prosecution 13:7,17 26:1,13

    prosecutor 4:5

    prove 17:22

    provide 11:1 13:2 17:15

    provided 23:4,23 29:7

    providing 12:18

    publicly 24:19

    purposes 3:23 17:9

    Pursuant 25:15

    Q

    question 4:19,20 5:21 11:13

    12:20 17:18,19 19:23 20:23

    21:1,22 22:21 25:10 28:17

    31:17

    questions 6:14,17 10:16

    12:15 16:17 18:7,9,10,11

    19:5,9 27:19

    quite 10:8 11:21 20:14 24:10

    27:10

    R

    Rail 1:7 17:6 29:20 31:15

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 39 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 6]

    railway 17:5

    raise 32:16

    raised 4:19 12:15 19:6,9

    26:25,25

    read 10:17 15:17,22 16:16

    27:6,24 29:15,18

    Real-time 34:3

    really 23:1

    reason 23:16

    reasonable 30:18 32:2

    receive 19:15,24 32:11

    Recess 28:9

    reconciled 31:10

    reconvene 23:2,20 30:7

    record 6:1,5 30:11 33:21 34:6

    recorded 3:14,24,25 33:11

    34:5

    recorder 3:9

    recording 3:11,14,18

    records 3:9,23 19:8

    refer 16:19

    references 10:18

    referred 11:4 18:10

    referring 16:14

    refers 10:15 17:2

    reflects 23:18

    refuse 17:21

    regard 4:15

    regarding 17:13 22:22 26:7,9

    26:9 27:19 33:16

    related 13:22

    relation 25:17 26:11

    relative 34:8,9

    release 25:7 30:15

    released 8:22

    remain 26:2

    remarks 33:16

    replace 24:8

    report 20:16

    Reporter 2:20 21:18 34:1,3

    represent 17:3,7 24:3 28:12

    representation 14:18

    representative 4:7,12,13 6:6

    6:19 10:25 11:25 12:16

    14:21 16:16 17:5 19:3,10

    24:2,5 26:11 27:1,13 28:17

    representatives 14:20 15:9

    represented 17:7

    representing 29:19,20

    REPUBLIC 1:6

    request 29:8 30:7,14 31:6

    32:11

    requests 27:9

    reserve 30:6

    response 29:5

    responsible 8:17 13:7,17

    rest 3:15

    return 11:16,18 16:1

    returned 6:8

    revealed 27:12

    review 12:10

    reviewed 29:17

    Rifkind 2:4

    right 5:4 6:3,5,25 7:2 8:20,25

    10:19 13:13 14:17 15:8,14

    15:19 16:8 17:15 18:13

    19:17 20:24 25:10,25 26:8

    28:1 29:2 30:6 31:19,22

    32:1 33:15

    rights 5:1

    ring 9:22 21:5

    Road 2:5

    rogatory 30:21,25

    ROSALIE 1:3

    rules 3:12

    S

    S 2:3

    sanctioned 20:21 23:15

    sanctions 20:22

    saying 22:6

    says 12:3 22:9,10 23:11

    scheduled 14:8

    scope 24:14,15,22,22,24 25:4

    29:2

    second 10:10 11:24 17:4

    21:24 29:9

    see 5:5,7 9:25 19:18 20:12

    21:20 26:14

    seen 4:9 20:25

    send 14:21 32:7

    sensible 31:4,4 32:2

    sent 5:11

    September 15:13

    set 16:5

    short 15:23 28:9

    shorten 14:22

    shorter 15:8

    shorthand 34:5

    sick 12:7

    side 15:19,20 29:18 31:11

    sides 4:2 11:21

    signature 28:22,24

    signed 10:13 18:4 34:15

    Silver 2:4

    similar 13:21

    SIMON 1:3

    simple 27:17

    sincerely 33:12

    single 10:20

    sit 21:9

    sitting 17:1

    situation 3:8 12:5

    somebody 8:1

    somewhat 4:22

    sorry 13:24 15:1 20:3 25:1

    sounds 30:18,18

    speak 13:5

    speaking 27:24

    special 28:20

    spelling 29:3

    spelt 28:20,23

    spend 11:15

    spoke 13:1 19:25 23:5

    spoken 12:23

    stand 33:6

    standpoint 29:22 30:3

    state 17:5 23:25 24:6

    stated 4:25 14:23 16:15

    statement 4:15,16 10:14 11:5

    12:9,10 15:17,22 17:25

    21:23 22:2,3,12,14,18,18

    23:8,23 26:8 28:23 29:15,17

    29:18

    states 1:1 22:1 25:8 32:12,19

    32:24

    stating 22:5

    status 4:4 5:13 15:7

    stay 11:14 26:1

    staying 5:4 21:17

    step 31:7 32:10

    steps 29:21

    stick 15:11

    stock 17:7

    studied 18:8

    study 16:10 32:2

    subject 8:19 10:15 13:23

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 40 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 7]

    16:22

    submitted 10:13

    substantial 14:19

    sufficient 29:8 31:21 33:2

    suggest 33:15

    suggested 26:24

    suggestion 16:4 29:5

    suitable 20:2,3,4,9

    Suite 2:5

    supports 23:16

    sure 8:3 28:2,5

    surrender 30:4

    suspect 14:2,2 26:21,23,23

    suspending 29:25

    T

    take 15:6,22 21:7 23:12

    taken 24:21 34:4

    talking 3:11

    telephone 6:2

    tell 13:12 22:24

    terms 17:12

    testify 22:1 23:22

    testimony 34:3,6

    text 18:3,11 22:8

    thank 15:15 16:2,3,11 18:6

    18:19 19:13 20:7 22:20

    28:8 29:12 32:14,18,23

    33:18,19,20

    think 11:7,20 12:14 15:21

    16:4,20 19:7 21:11 25:23

    26:6 27:2,19 31:3,20,24

    32:9

    third 17:8 19:19

    thousand 24:7

    three 16:25,25 30:8

    Thursday 12:6

    time 6:9 13:4,11 20:2,9 27:14

    28:21,21 32:10,18

    times 24:13,15

    title 26:5

    today 5:9 6:24 9:21 19:19,21

    21:4 33:8

    today's 29:25

    told 9:1,3 11:23 21:23

    tomorrow 11:16,19,22 20:8

    21:4,12,18 29:23

    topic 27:14

    totally 30:3

    transcribed 34:5

    transcript 34:4,6

    translated 29:15,17

    translation 18:9,23

    Treaty 4:10 14:23 21:15

    25:17 26:6,7

    tried 14:16

    true 34:6

    trying 16:5

    Tuesday 1:21 3:2 34:4

    turn 4:6 13:18

    turning 23:16

    turns 23:9

    two 9:14 15:1,2

    U

    unable 9:20

    uncertain 11:6,7 12:1 14:15

    understand 5:23 17:24 20:18

    21:1,25 22:7

    understanding 8:4 22:21

    23:20 31:19

    understood 30:13

    unfortunately 28:17 33:1,8

    Union 25:13

    United 1:1 25:7 32:12,19,24

    unsure 11:6

    use 5:24 14:17 16:13

    ut 1:17

    V

    verbatim 34:6

    violating 5:1

    Virag 2:15

    visited 9:15

    voice 3:11,14,18 29:11

    voices 3:25

    voluntary 23:10

    vs 1:4

    W

    wait 12:19 15:25 16:8

    walk 11:7

    want 15:15 30:3

    wanted 32:23

    Washington 30:21,23,24

    water 28:7

    way 3:19 20:13 23:7 30:12

    34:10

    weakness 11:5

    week 7:18 9:5 11:24 12:18

    13:16 14:10

    Weil 2:11

    went 7:19 8:8 9:16 12:22

    13:3

    Wessels 2:14 29:20 31:15

    wish 17:10 22:1

    witness 4:12,16 6:13,17 7:11

    12:6,8 19:10 20:20 23:14

    29:6 34:4

    witnesses 4:6,7

    words 23:1 32:8

    work 25:19 29:13

    wouldn't 3:17 5:16 26:3

    writing 10:15 11:3 24:1,12

    written 10:2 12:9 17:24,25

    23:23

    wrong 26:4

    X

    Y

    Y 28:21,24

    Yesterday 13:17

    York 2:12

    Z

    Zrt 1:7

    0

    01770-BAH 1:8

    1

    1 21:23,24,24

    1:10-cv 1:8

    10 18:21 27:25 28:1

    10.00 19:1

    10153-0119 2:12

    1021 1:18

    10th 34:17

    11:00 33:21

    15 18:24 27:23

    19 16:19

    1942 21:25

    1944 10:19

    2

    20 27:23 28:2

    2013 1:21 3:2 34:4,17

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 41 of 42

  • 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uslegalsupport.com

    [Page 8]

    20814 2:5

    212 2:12

    27th 4:24 7:20 8:5

    3

    301 2:6

    310-8904 2:12

    4

    400 2:5

    4th 1:21 3:2 34:4

    5

    5.15 21:19

    51/B 1:17

    6

    6-0 26:2

    60 26:2

    7

    767 2:11

    7879 2:5

    8

    9

    Case 1:10-cv-01770-BAH Document 95-1 Filed 06/11/13 Page 42 of 42