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Witness says she confronted Alex Murdaugh about finances on day of killings: full video — Transcript

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  1. 0:00my name is Jeanie seconder s e c k i n g
  2. 0:05r m seconder how you doing today I'm
  3. 0:08good awesome tell the jury a little bit
  4. 0:10about yourself uh if you could just kind
  5. 0:12of introduce yourself uh where' you grow
  6. 0:14up uh where'd you go to school um I grew
  7. 0:17up in Hampton South Carolina graduated
  8. 0:20from Wayne Hampton went to the
  9. 0:22University of South Carolina what I got
  10. 0:24my BS in accounting after that I worked
  11. 0:26a number of years in public accounting
  12. 0:29then I transferred into um as a
  13. 0:31financial analyst with Westinghouse in
  14. 0:34Hampton and after the birth of my second
  15. 0:37child I stayed home and worked for my
  16. 0:38husband just a few years and in 1999 I
  17. 0:41came to work with firm on a part-time
  18. 0:43basis doing some special projects and
  19. 0:46have not left and that job has grown
  20. 0:48since that time till I was over all the
  21. 0:51business aspects and financial aspects
  22. 0:53of the law firm all right which law firm
  23. 0:55are you talking about Peters Mur Parker
  24. 0:56El drop theer is that pmed that's
  25. 0:59correct is that uh what the firm is
  26. 1:01currently known or is it known by a
  27. 1:02different name um we are now a separate
  28. 1:05entity that we've reorganized as Parker
  29. 1:07Parker Parker Law Group LLP right and do
  30. 1:11you know the defendant Alec Murdoch over
  31. 1:12there I do do you see him in the
  32. 1:14courtroom I do can you identify him
  33. 1:16please he's in the blue jacket and white
  34. 1:18shirt sitting between Jim and
  35. 1:20Dick your honor record reflects she's
  36. 1:22identified the defendant does uh was he
  37. 1:25a partner in the law firm you're
  38. 1:26speaking of he was is he a partner
  39. 1:29anymore no no and we're going to talk
  40. 1:31about some of those things the reasons
  41. 1:33for that here today is that correct
  42. 1:34that's
  43. 1:36correct all right so I'm going call it
  44. 1:38pmed what we're talking about is that
  45. 1:40fair that's fair all right well tell me
  46. 1:42you talked a little bit about your role
  47. 1:44in P pmed what would you consider uh
  48. 1:47Your Role or how would you define Your
  49. 1:49Role particularly as we're moving into
  50. 1:50June of 2021 um at that point I would be
  51. 1:56CFO basically overall office management
  52. 1:58and all Financial aairs of the office um
  53. 2:01over hiring and firing HR just any like
  54. 2:04I said any business aspect of the firm
  55. 2:06so CFO that means what Chief Financial
  56. 2:08Officer and coo that means what Chief
  57. 2:11Operating Officer and so kind of combin
  58. 2:14those
  59. 2:15jobs uh are you a lawyer I am not are
  60. 2:18you an accountant I am do you have a CPA
  61. 2:21I
  62. 2:23do uh you said you started working for
  63. 2:25the firm when August of 99 and then when
  64. 2:28did uh was that working there at that
  65. 2:30time the defendant I think ell came to
  66. 2:33work the year after me okay did you know
  67. 2:37him prior to that I did I've known Alex
  68. 2:39since I was 16 years old in high school
  69. 2:41y'all went to high school together we
  70. 2:43did he's a few years behind me but we
  71. 2:44were in the same
  72. 2:46school and you worked uh with Alec at
  73. 2:49the law firm up until September of 2021
  74. 2:52I
  75. 2:54did um let's talk a little bit if we
  76. 2:57could about the
  77. 3:00Law Firm itself and uh tell me a little
  78. 3:04bit about the financial structure of the
  79. 3:05law firm how how does uh how does it
  80. 3:07work that uh fees come into the law firm
  81. 3:10and how did they get dispersed at the
  82. 3:11end of the year can you explain that to
  83. 3:12the jury a little bit um yes so every
  84. 3:15fee that any attorney makes is property
  85. 3:18of the law firm it comes into the law
  86. 3:20firm and goes into the law firm's
  87. 3:22accounts and it is sitting in kind of
  88. 3:25what we call a holding account that we
  89. 3:28dis amass the money um we have another
  90. 3:30account called the operating account
  91. 3:32that we use to pay the daily bills of
  92. 3:34the law firm wages um insurance office
  93. 3:37supplies
  94. 3:39Etc each attorney in the law firm is
  95. 3:43also an employee of the law firm um they
  96. 3:46receive a paycheck just like most people
  97. 3:48do with W2 taxes taken out and W2 at the
  98. 3:52end of the
  99. 3:53year when we get to the end of the year
  100. 3:55we figure the net profit of the law firm
  101. 3:58basically everything brought in and
  102. 4:00everything paid out to date and we
  103. 4:03distribute that money based off a
  104. 4:06ratio of what that bee what that
  105. 4:08attorney brought in to total so if an
  106. 4:10attorney brought in 10% he's going to
  107. 4:12get roughly 10% of the net income at the
  108. 4:15end of the year and we do that in a form
  109. 4:17of a bonus one time at the end of the
  110. 4:19year right when is that bonus typically
  111. 4:21paid that bonus is typically paid the
  112. 4:23last week of December every year and is
  113. 4:26that the for most cases and most of the
  114. 4:28partners as we're going to call call
  115. 4:29them in the law firm is that the vast
  116. 4:32majority of their compensation of the
  117. 4:34year is getting it all in one lump sum
  118. 4:36at the end of the year in December
  119. 4:38that's correct they receive a salary of
  120. 4:40125 through the year that they're paid
  121. 4:43every two weeks but the vast majority of
  122. 4:45their money comes in that one bonus
  123. 4:47check okay now you mentioned there was a
  124. 4:49salary let's looking back at June of
  125. 4:512021 what were the partners in the law
  126. 4:53firm what were they getting as a salary
  127. 4:56125,000 a year all right 125,000 and
  128. 4:59that was broken up into checks like like
  129. 5:01times a year yes okay and then um so
  130. 5:05that has to be accounted for before the
  131. 5:07bonuses are paid correct that's correct
  132. 5:08salar is not only for the partners but
  133. 5:10also for all the other employees that's
  134. 5:12correct all staff all right and is there
  135. 5:14other overhead that has to be accounted
  136. 5:15for out of the fees before that bonus
  137. 5:17can be paid yes all the other other head
  138. 5:19is the basic operating expenditures like
  139. 5:21I discussed rent for the building
  140. 5:23insurance coverage insurance coverage
  141. 5:26for the employees office supplies case
  142. 5:28cost that we advance for our clients we
  143. 5:30pay things as we go for during the case
  144. 5:33we pay experts record fees all of that
  145. 5:36is part of overhead so after everything
  146. 5:39that's paid everything brought in after
  147. 5:41everything that's paid out is what we
  148. 5:43call that net income that we distribute
  149. 5:46is there some sort of 7 and a half% uh
  150. 5:48fund or or offset that has to be
  151. 5:51accounted for as well before the bonus
  152. 5:52is paid there he is we have what we call
  153. 5:547 and a half% kind of profit sharing and
  154. 5:58everybody takes a number their gross
  155. 6:00fees less their portion of overhead we
  156. 6:03take overhead and divide it by the
  157. 6:04number of Partners and so you would take
  158. 6:06let just going to use numbers if your
  159. 6:09gross fees were $100,000 and your
  160. 6:11overhead was $50,000 you have a net of
  161. 6:14$50,000 and we take 7 and a half% of
  162. 6:17that and put it in a pot and divide it
  163. 6:19back evenly in between everybody and
  164. 6:22that purpose is meant to cover when
  165. 6:23somebody has a high year or a low year
  166. 6:26it kind of helps people out and helps
  167. 6:29account for differences and expenses
  168. 6:31between each attorney so all of that has
  169. 6:33to be taken care of before the bonus is
  170. 6:36paid out to the partners at the end of
  171. 6:37the year is that correct that's correct
  172. 6:39and then whatever money is left over is
  173. 6:40divided up based on the percentage of
  174. 6:44the fees that that particular partner
  175. 6:46brought in of the whole of for the year
  176. 6:48is that correct correct so if you had a
  177. 6:49better year you're going to get a little
  178. 6:50bit more than somebody who didn't have
  179. 6:52as good a year absolutely
  180. 6:54okay
  181. 6:57um over uh over time uh being the CFO
  182. 7:01did Alec Murdoch have a very lucrative
  183. 7:04practice he did uh were there times
  184. 7:06where his bonus was high six figures
  185. 7:09definitely were there times his bonus
  186. 7:11was seven figures there has been and was
  187. 7:14it typical for the vast majority of his
  188. 7:16compensation to be in that onetime bonus
  189. 7:19at the end of the year as opposed to the
  190. 7:21$125,000 salary yes his and everybody
  191. 7:24else's that $125,000 salary for these
  192. 7:27individuals was a fairly small part of
  193. 7:29the compensation
  194. 7:34correct
  195. 7:41um now one of the things that you
  196. 7:43mentioned is that at the very beginning
  197. 7:46is you said all fees belong to the firm
  198. 7:48is that right that is right and I'm
  199. 7:50going to show you what's been marked as
  200. 7:51exhibit 310 to your testimony real quick
  201. 7:53and see if you can uh recognize this
  202. 7:56particular document I do this is the
  203. 7:58employment agreement that each of the um
  204. 8:01attorneys and the firm sign all right
  205. 8:04take that back real quick can I have the
  206. 8:05Elmo
  207. 8:10please
  208. 8:14310 I off pre at this time in no
  209. 8:18additional objection CH it's
  210. 8:22admitted like do that real quick
  211. 8:35let's try it
  212. 8:55again all right so is this the uh this
  213. 8:59EX the pre is this the first page of
  214. 9:01that agreement yes all right and on your
  215. 9:03little screen up there can you read that
  216. 9:04all right yes okay if we uh look at it's
  217. 9:08talking about employer and employees now
  218. 9:09we've been talking about the law firm
  219. 9:11Partners but in the agreement what are
  220. 9:13they referred to as they're actually
  221. 9:15shareholders so we refer to them as
  222. 9:18partners in the fact that they all work
  223. 9:19together and support each other but
  224. 9:21because of the tap of tax entity we are
  225. 9:23their shareholders it's just a legal in
  226. 9:27accounting determination but in fact
  227. 9:29you'll you'll see them referred to as
  228. 9:30shareholders all right but in this
  229. 9:32agreement they're called employees
  230. 9:33correct that's correct now just real
  231. 9:36quick you talked about paying out the
  232. 9:38bonus at the end of the year and that's
  233. 9:40where the vast majority of compensation
  234. 9:42for the partners goes out is there a tax
  235. 9:45reason for that do y'all clear the books
  236. 9:47at the end of the year we do clear the
  237. 9:48books at the end of the year we off we
  238. 9:50function as a C corporation which means
  239. 9:52any money that's left in that C
  240. 9:54corporation would pay a tax too so to
  241. 9:56avoid double taxation we pass that money
  242. 9:59down to the partners to the best of our
  243. 10:01ability all right and so do you you try
  244. 10:03to zero out the books we do all right
  245. 10:05and that's just is devoid tax taxing on
  246. 10:08anything that remained in The Firm
  247. 10:09accounts correct so let me ask you this
  248. 10:12if the firm essentially zeros out the
  249. 10:14books by paying these bonuses to all the
  250. 10:16partners at the end of the year how do
  251. 10:17you operate in the in the few uh you
  252. 10:19know January and February where we're at
  253. 10:21now before fees start to come in what
  254. 10:23money do you use to do that so typically
  255. 10:25a group of Partners will go in and Loan
  256. 10:28money back back to the firm to cover our
  257. 10:30first couple months of operating
  258. 10:32expenses and as we recover money through
  259. 10:34the year we'll pay them back and pay
  260. 10:36them off so we we're basically starting
  261. 10:38at a almost a negative by borrowing that
  262. 10:41money all right and so some of the
  263. 10:42partners will loan money to the firm to
  264. 10:44operate until there's enough fees that
  265. 10:46come in to generate enough money is that
  266. 10:48correct that's correct do do the
  267. 10:50partners have to do that or is that
  268. 10:51something they can do if they want
  269. 10:53that's something that they can do if
  270. 10:54they want was ell one to ever do that
  271. 10:57ell never did that he never did that
  272. 11:00okay before we go on back to this
  273. 11:02agreement let me ask you a little bit as
  274. 11:03far as the firm accounts you mentioned
  275. 11:05there's an operating account correct
  276. 11:07that's correct and then there's a client
  277. 11:08trust account correct that's correct
  278. 11:10trust account trust account tell me what
  279. 11:12the client trust account is please so
  280. 11:15the trust account is a fiduciary account
  281. 11:17meaning that we have the responsibility
  282. 11:19to maintain and safeguard that money
  283. 11:21it's where the account whenever a case
  284. 11:24settles that the money that is paid from
  285. 11:26the insurance company or individual from
  286. 11:28the defend
  287. 11:29is put into that client trust account
  288. 11:32and that is also where the money is
  289. 11:33dispersed out to any um clients or any
  290. 11:37Le holders or anything to do with that
  291. 11:39dispersement it's also where we collect
  292. 11:41our fees and expenses from and are there
  293. 11:44legal obligations and money in the
  294. 11:46client trust account to ensure that that
  295. 11:49money only goes to the legitimate places
  296. 11:51it's supposed to go that's correct and
  297. 11:53if the law firm wins a case whether by
  298. 11:55settlement or by trial uh any recovery
  299. 11:58they get does it go on that trust
  300. 12:00account first before the law firm gets
  301. 12:01paid everything does
  302. 12:04yes now I'm going to go back to exhibits
  303. 12:07uh this the employment agreement I
  304. 12:08believe is exhibit 3:10 and right here
  305. 12:11in in uh line three right there can you
  306. 12:14read that to the jury please services
  307. 12:16for the benefit of employer all
  308. 12:19professional services rendered by the
  309. 12:21employee shall be rendered as an
  310. 12:23employee of the employer and all
  311. 12:25proceeds and remuneration received their
  312. 12:27failure in order to for the employer's
  313. 12:29benefit all right and this is the
  314. 12:31agreement signed by all the partners
  315. 12:33correct correct and back in 2021 it was
  316. 12:36signed by Alec Murdoch correct correct
  317. 12:37and all the years prior correct correct
  318. 12:40and what does that provision mean
  319. 12:41explain that again to the jury that
  320. 12:43means that any that any work they do
  321. 12:45providing legal services and any money
  322. 12:47earned by them belongs to the law firm
  323. 12:50not the partner to the law firm and
  324. 12:52should run through the law firm's books
  325. 12:54it has through the law firm's books
  326. 12:56before it can right and then they have
  327. 12:58to wait till the end of the year for it
  328. 13:00to be accounted for after paying all the
  329. 13:02overhead and the salary and the 7 and a
  330. 13:04half and all the rest of it that's
  331. 13:05correct if a law partner were to divert
  332. 13:08fees to himself personally and not send
  333. 13:10them to the law firm what would that be
  334. 13:12stealing stealing
  335. 13:17okay all right um
  336. 13:30tell me a little bit if you would about
  337. 13:33the management structure of the law firm
  338. 13:36how does how does it work just very
  339. 13:38quickly so each attorney um apparent we
  340. 13:42they
  341. 13:42all he need speak they all um have equal
  342. 13:46Authority and equal choice but basically
  343. 13:49we'll have a little committee each year
  344. 13:51that we can go to with day-to-day issues
  345. 13:54and make some basic decisiones that are
  346. 13:56then going on and voted by the whole
  347. 13:58firm um I report directly to each and
  348. 14:02every attorney so I would handle
  349. 14:04day-to-day obligations within certain
  350. 14:06authorties and if I had an issue then I
  351. 14:09would go to this committee or somebody
  352. 14:12who is present because a lot of times
  353. 14:14attorneys are out of the building
  354. 14:15traveling in hard and it would kind of
  355. 14:17go up the rank from there okay um was
  356. 14:21Alec very involved in the actual
  357. 14:23management of the firm no were other
  358. 14:25partners more involved in the management
  359. 14:26of the firm yes
  360. 14:29tell me what was your observation of
  361. 14:31Alec as a lawyer in the office how what
  362. 14:34was your observations and
  363. 14:36characters um Alec kept different hours
  364. 14:39than a lot of the rest of us he came in
  365. 14:41and he would work late um always loud
  366. 14:46always busy always in a rush um he had
  367. 14:50the gift to gab but he always seemed
  368. 14:53last minute and hurried to
  369. 14:56ftic always last minute in ftic yes
  370. 15:00uh what about his cell phone use how was
  371. 15:02he with a cell phone constantly on the
  372. 15:04phone constantly on the
  373. 15:08phone
  374. 15:12um what were your observations of him as
  375. 15:15a
  376. 15:16lawyer I think elec um was successful
  377. 15:21more of not from his work ethic but from
  378. 15:23his ability to establish
  379. 15:26relationships and to
  380. 15:29to
  381. 15:30manipulate people into settlements and
  382. 15:33clients into liking him um so he did it
  383. 15:38through the art of
  384. 15:41basically that can be an artc
  385. 15:44mhm uh did he in your estimation in your
  386. 15:47judgment was he more of a technical type
  387. 15:49lawyer or was he one that really
  388. 15:50understood how to use the emotion of a
  389. 15:53case he would use the emotion of a case
  390. 15:55and the and the emotion of his clients
  391. 15:58did he understand the emotional value
  392. 16:00that the sympathies of a case could have
  393. 16:02I
  394. 16:05would she's a he's asked her to
  395. 16:09testifies as what he understands what's
  396. 16:11in his mind I object that's the stain
  397. 16:15the
  398. 16:20objection with
  399. 16:22Alex your observations of ell as a
  400. 16:25lawyer
  401. 16:29what skills did you see and how he was
  402. 16:31able to value a
  403. 16:34case I would think that he was able to
  404. 16:37read the the
  405. 16:39client
  406. 16:42um and it seemed to he always got higher
  407. 16:46settlements than it looks like they
  408. 16:48should appear going back when we've
  409. 16:49reviewed everything um so I think that
  410. 16:52he used his personality more than
  411. 16:54technical skill I think that um you know
  412. 16:57we look back and we see things that were
  413. 17:00manipulated and set up and I believe he
  414. 17:02did that a lot with his clients as
  415. 17:08well you mentioned did allocate good
  416. 17:11results to the defendant get good
  417. 17:12results it appeared that they usually
  418. 17:14did yes were they very lucrative results
  419. 17:24yes did you have any observations uh
  420. 17:29working with Alec for 20 sod years about
  421. 17:32his
  422. 17:33memory I think that Looking Back Where I
  423. 17:37thought he was chaotic and didn't
  424. 17:39remember things or kind of got bored
  425. 17:41with details sometimes and went and
  426. 17:43finish things off I really think looking
  427. 17:46back as we've gone back and pieced
  428. 17:48together a lot of this that we we saw
  429. 17:51where he would tell people one thing and
  430. 17:54another person another so in my opinion
  431. 17:56looking back I think he had almost a pH
  432. 17:58graphic memory you know to to keep all
  433. 18:01the balls in the air that we were we now
  434. 18:03saw we in the air it appears that he
  435. 18:05would had to have a really strong
  436. 18:13memory real
  437. 18:27quick for
  438. 19:02you had mentioned before that uh for the
  439. 19:05firm to operate at the beginning of the
  440. 19:06year after it cleared its books uh that
  441. 19:09it would loan from or take loans from
  442. 19:11Partners at their option uh in order to
  443. 19:14sort of give some seed money until fees
  444. 19:16started to roll in is that correct
  445. 19:17that's correct all right I'm going to
  446. 19:19show you uh what's been marked as
  447. 19:21exhibit 428 to your testimony and just
  448. 19:24have you take a look at that and ask you
  449. 19:26if you recognize those documents as it
  450. 19:28relates to a particular instance
  451. 19:30involving the defendant I do all right
  452. 19:33and tell me uh tell me about this
  453. 19:34instance what happened here please okay
  454. 19:37so this is in
  455. 19:382017 a check for the payment got
  456. 19:43mistakenly written to R Alexander
  457. 19:46Murdoch instead of his brother Randolph
  458. 19:48Murdoch so the loan payoff was written
  459. 19:51to ell all right let me slow you down so
  460. 19:53does his brother work for the law firm
  461. 19:54his brother does work for the law firm
  462. 19:56and what name does he go by ringy he
  463. 19:58goes by Randy Murdoch his legal name is
  464. 20:00Randolph Murdoch forth had had Randy
  465. 20:03Murdoch loan money to the law firm he
  466. 20:05did had Alec Murdock loan all no all
  467. 20:08right and so what happened then so as we
  468. 20:11said we had the clerical error and a few
  469. 20:14days later Elliot came to our staff and
  470. 20:18it's not quite clear which staff because
  471. 20:20our records don't show that but a voided
  472. 20:23check he he acted as if he' lost this
  473. 20:27original check and had another check
  474. 20:29written so a replacement check was then
  475. 20:31written to to El again which was a
  476. 20:34mistake again did that second check get
  477. 20:37cashed the second check got cashed
  478. 20:40pretty much immediately within a week or
  479. 20:42two and then about a year later the
  480. 20:45first check got cashed as well and
  481. 20:49that's when a CAU in the system that he
  482. 20:51had cashed both checks and looking back
  483. 20:53I realized that the mistake had been
  484. 20:55made that somebody had hit their names
  485. 20:57are right beside each other in the
  486. 20:59vendor list and that they had made a
  487. 21:01clerical mistake and that he was paid
  488. 21:03money that he was not owed all right
  489. 21:06ultimately was did he get that money
  490. 21:09twice that he was not supposed to have
  491. 21:11received he did and ultimately was it
  492. 21:13because he claimed that he had lost the
  493. 21:14first check correct ultimately did he
  494. 21:17cash both checks he did and cash the
  495. 21:19original one a year later is that
  496. 21:21correct all right uh was he um
  497. 21:24confronted about this back at that time
  498. 21:25when it was detected I guess in 2017 is
  499. 21:28that right he was and uh he was
  500. 21:30confronted at that time he was not I
  501. 21:33don't remember that he was confronted by
  502. 21:36me I know that Danny Henderson spoke
  503. 21:38with him about it and ell just claimed
  504. 21:41that he made a mistake and thought that
  505. 21:42he had paid the money that he had loaned
  506. 21:44the money that year and Danny choose to
  507. 21:48kind of Let It Go and sweep it under the
  508. 21:49road did he pay it back at that point he
  509. 21:52did pay it back all right so that
  510. 21:54happened and the explanation was given
  511. 21:56and then he was allowed to pay it back
  512. 21:57is that correct that's correct and
  513. 21:59everybody moved on right that's correct
  514. 22:01have to point out that it
  515. 22:03was these attorneys worked as a
  516. 22:05Brotherhood and were very family and
  517. 22:07they were trusted him and accepted this
  518. 22:10the
  519. 22:17explanation what was that word you just
  520. 22:19used you said it was a Brotherhood
  521. 22:22yes and so when the attorneys are
  522. 22:24dealing with one another when the
  523. 22:26attorneys are dealing with you
  524. 22:29how are yall dealing with one another
  525. 22:30what's what's the basis of that trust
  526. 22:32trust trust and so over the years when
  527. 22:35Alec Murdoch would tell you to do a
  528. 22:37transaction or anything like that what
  529. 22:39were you relying on the his word and
  530. 22:47Trust are you uh generally familiar with
  531. 22:51what's been known as the boat case yes
  532. 22:54right and uh do you remember that
  533. 22:56occurring around in February 2019 I do
  534. 23:00right and again not without going into
  535. 23:01the specifics of the boat case what was
  536. 23:03your general understanding of the bo
  537. 23:05well let me ask you this was his son
  538. 23:07Paul charged with a with uh driving the
  539. 23:10boat in the boat case to your knowledge
  540. 23:12yes and was Alec Murdoch sued civil in
  541. 23:16the boat case because of the death of
  542. 23:18mallerie beach yes after the boat case
  543. 23:21did you notice any changes in Alex's
  544. 23:24Behavior or his demeanor around the
  545. 23:26office
  546. 23:29I can't say that I really did um up
  547. 23:33until November December of 20 late
  548. 23:3820 okay and what' you notice
  549. 23:41then didn't really notice it then and we
  550. 23:44can go back and notice it now that's
  551. 23:46when he started making some some
  552. 23:48dispersements that he was stealing from
  553. 23:51that started getting sloppy
  554. 23:53um so the things that I noticed are more
  555. 23:56in hindsight
  556. 24:00and I'll put this exhibit up on the
  557. 24:02screen let me uh getting ahead of myself
  558. 24:05this is exhibit uh
  559. 24:13428 428 this is a uh that's this is the
  560. 24:17loan check you were talking about is
  561. 24:19that right that's right this is where uh
  562. 24:22Alec erroneously received a check for
  563. 24:25his brother Randy that's right and then
  564. 24:27ultimately manag to get the the same
  565. 24:30amount twice is that correct that's
  566. 24:31right all right
  567. 24:34and how much was that check
  568. 24:39for I can bring it to you if you need to
  569. 24:41see it yeah you're going to have to I'll
  570. 24:43bring it to
  571. 24:46you screen over here is bigger than
  572. 24:50now it was for
  573. 24:54$21,300
  574. 24:57$121,000 correct that's
  575. 25:03correct when you received the check did
  576. 25:06Alex say no this isn't mine this isn't
  577. 25:07my $121,000 check no he
  578. 25:13didn't all
  579. 25:17right now you mentioned you started to
  580. 25:20talk about some things you noticed in
  581. 25:21late of 20120 and and let's just set the
  582. 25:23table a little bit more before we do
  583. 25:25that you mentioned
  584. 25:26dispersements tell the jury before we
  585. 25:28see some paperwork tell the jury uh how
  586. 25:31dispersements go about are there is
  587. 25:33there certain paperwork that's done and
  588. 25:34how do the lawyers interface with the
  589. 25:36finance stuff for that to be
  590. 25:37accomplished okay so a dispersement
  591. 25:39after a case is is one or what we call
  592. 25:42settled the money comes into the client
  593. 25:44trust just like I I talked about a
  594. 25:47dispersement will recap how much money
  595. 25:50was won how much attorney fees how much
  596. 25:53expenses were witheld or earned for our
  597. 25:56firm in that and then it will list any
  598. 25:59loans or leans that need to be paid off
  599. 26:01and what I mean by that is like medical
  600. 26:03leans medical bills um insurance
  601. 26:06companies getting their money back for
  602. 26:08items that they paid and then it will
  603. 26:10show the balance that goes to the
  604. 26:13client and uh so then how do they
  605. 26:15interface with the finance staff what
  606. 26:16does the finance staff do as opposed to
  607. 26:19when the attorneys prepare those
  608. 26:21dispersement forms the F it comes over
  609. 26:23to our finance department we have the
  610. 26:24supporting documentation with it and we
  611. 26:27will process the checks based off the
  612. 26:29attorney's signature those then go back
  613. 26:32to the attorneys that handled the case
  614. 26:34or the pargal that handled the case they
  615. 26:37meet with the client and explain the
  616. 26:39dispersement to them and give them the
  617. 26:40funds okay uh is the finance staff
  618. 26:44relying on what the lawyers are sending
  619. 26:46them to determine what checks should be
  620. 26:48cut yes all right with support with
  621. 26:52support
  622. 26:55yes ultimately are they trusting the
  623. 26:57attorney to provide them the correct
  624. 26:59information we
  625. 27:02are all right so you mentioned uh that
  626. 27:04something happened in late 2020 that was
  627. 27:07the first things that you started to
  628. 27:08notice in the wake of the boting case
  629. 27:10that was a little different and tell the
  630. 27:12jury what you were about to talk
  631. 27:14about um as I said in late 2020 I I
  632. 27:19really didn't notice it at that point
  633. 27:23but um some of these items that we're
  634. 27:26going to discuss started happening at
  635. 27:28that point um my discovery of things
  636. 27:32started coming to ahead in May of 21 May
  637. 27:35of 20 21 yes all right and tell me uh
  638. 27:38what was the first thing that came to
  639. 27:39your attention because so one thing that
  640. 27:42came to attention was a dispersement
  641. 27:45that the fees were made out and process
  642. 27:48to forge Consulting and what that meant
  643. 27:53is that the fees weren't going into our
  644. 27:56personal account like they should they
  645. 27:58weren't going to the firm Forge is a
  646. 28:01forge Consulting is a true company that
  647. 28:05you can do structures of attorney fees
  648. 28:08but the way that this was done was not
  649. 28:11correct to do a correct structure let
  650. 28:14let me slow you down so we can we can
  651. 28:16unpack this a little bit all right let's
  652. 28:18first talk about what is a structure
  653. 28:20what is a a structure what does that
  654. 28:22mean so a structure means that you can
  655. 28:25set up a fee in the um agreement with
  656. 28:29the insurance company that you can put
  657. 28:32that money into an annuity that you'll
  658. 28:35get it out later you can avoid taxes now
  659. 28:38and take them out when you're 65 or
  660. 28:41whatever year you determine so it's a
  661. 28:43way that they can defer income for
  662. 28:45retirement if they're having a good year
  663. 28:47they can do that so so maybe an
  664. 28:50explanation would be kind of like the
  665. 28:51lottery you can either get your
  666. 28:52settlement one lump sum or you can get
  667. 28:54it paid over time correct correct all
  668. 28:57right and so this is what a structure is
  669. 28:59is getting it paid over time correct and
  670. 29:01are there tax benefits associated with
  671. 29:03doing a structure they would avoid taxes
  672. 29:05at the year that they made the fee and
  673. 29:08they would pay the taxes when they got
  674. 29:10it out similar to your retirement 401k
  675. 29:13and is it sometimes common for
  676. 29:15plaintiff's lawyers lawyers who get
  677. 29:17recoveries for clients uh to have their
  678. 29:21clients um get the settlement in a
  679. 29:23structure as opposed to getting it in
  680. 29:25all one lump sum so that there's some
  681. 29:26security over time with that money it is
  682. 29:29definitely a vehicle that can be used by
  683. 29:31pl's lawyers we don't do it very often
  684. 29:33when in our firm and when it is done it
  685. 29:36has to be every partner needs to know
  686. 29:38about it and needs to be agreed upon
  687. 29:40because obviously that money is not
  688. 29:41coming into the firm to help with
  689. 29:44overhead and expenses so we have to
  690. 29:47agree on it and we have to account for
  691. 29:49it in our allocations at the end of the
  692. 29:50year to determine bonuses that we're
  693. 29:52going to pay off sure and but I'm
  694. 29:54talking about with clients right now so
  695. 29:55clients that receive a settlement they
  696. 29:57can elect to either get it in one LP sum
  697. 30:00or they can get a structured annuity
  698. 30:03over time where they get however much a
  699. 30:05year for the however many years it goes
  700. 30:07correct yes that's true too kind of like
  701. 30:10the Lotter you can get the whole big
  702. 30:11thing but with taxes or you can get a
  703. 30:13bigger sum over time correct that's
  704. 30:17correct and so some clients might choose
  705. 30:19to get it over time so that their their
  706. 30:21money is is more secure over a longer
  707. 30:23time correct correct and you generally
  708. 30:25see that when um it's a minor involv or
  709. 30:28somebody with special needs that has a
  710. 30:30disability of some
  711. 30:32sort and so what is Forge Consulting the
  712. 30:35legitimate business fors Consulting what
  713. 30:37do they do they set up structured
  714. 30:39annuities for clients like we're talking
  715. 30:41about um they do Special Needs Trust for
  716. 30:45people who are injured or going to need
  717. 30:47life care plans and um they handle that
  718. 30:51kind of they have a few other things
  719. 30:53that they do but I'm not familiar as
  720. 30:55much with those Services have they
  721. 30:56provided Services over the years the
  722. 30:58legitimate company forg Consulting
  723. 31:00legitimate services to the law firm and
  724. 31:02his clients over the years and helping
  725. 31:04them set up structured settl I do we've
  726. 31:06used them 250 to 300 times and is there
  727. 31:10who's kind of like the main guy at Forge
  728. 31:12Consulting the legitimate business
  729. 31:14Michael gun all right now you mentioned
  730. 31:18that we're not talking now about the
  731. 31:19client structuring their settlements but
  732. 31:22what if a lawyer wins a big case and
  733. 31:24wants to so he's going to get a huge fee
  734. 31:27and let me ask you this first generally
  735. 31:30what is the legal fees for the firm when
  736. 31:34they win a case whether by settlement or
  737. 31:36by trial generally they're
  738. 31:3933% to 40% and it depends on what stage
  739. 31:44the case was in or the work we had to do
  740. 31:47so if we settle a case before we have to
  741. 31:50start doing suing complaints and
  742. 31:52depositions or going to trial we take 33
  743. 31:55and 13% if it goes further we do 40% and
  744. 31:59it can go to 45% if it's on an appeal
  745. 32:02but generally speaking it's between a
  746. 32:04third and
  747. 32:0640% so let's say that somebody's a
  748. 32:09partner and let's say they win a case of
  749. 32:11$10 million and it was a 40% one so
  750. 32:13they're going to get a $4 million fee
  751. 32:15correct correct all right let's say that
  752. 32:18they decided that instead of taking that
  753. 32:20fee that $4 million fee they want to
  754. 32:22structure that fee just like a client
  755. 32:24would can they do that they can do that
  756. 32:27and that's what I was referring to
  757. 32:29before with the um authorization of the
  758. 32:33other partners and making sure that we
  759. 32:35have enough money to operate and enough
  760. 32:37money to account for it if they do that
  761. 32:40it's supposed to be done in the release
  762. 32:43in the insurance company will send the
  763. 32:45money directly to forge Consulting and
  764. 32:47not through us okay because it can't go
  765. 32:51through y'all directly or it doesn't
  766. 32:53work or he would not get the tax benefit
  767. 32:55of it and if a if an attorney still had
  768. 32:57to do do that they're going to have to
  769. 32:58work everything out with y'all to make
  770. 33:00sure everything's accounted for for the
  771. 33:02end of the year bonuses and everything
  772. 33:03else that's correct is that a common
  773. 33:05thing that people in The Firm were doing
  774. 33:07no all right so kind of setting all that
  775. 33:10up did you uh what came to your
  776. 33:12attention as it related to the defendant
  777. 33:14Alec Murdock so in May 17 there was a
  778. 33:17dispersement called herburger that the
  779. 33:20fees were said it said I i' would have
  780. 33:23to look at the exact dispersement but it
  781. 33:25said structured fees Forge and it had an
  782. 33:29amount um get something yeah
  783. 34:19all right I'm going to show you what's
  784. 34:21been marked as exhibit 429 to your
  785. 34:23testimony and I have you just flip
  786. 34:24through that real quick and tell me
  787. 34:26generally what that is say okay this is
  788. 34:29um the dispersements to do with the
  789. 34:32money recovered in the herburger case
  790. 34:34and this one had multiple dispersements
  791. 34:36all right but let's just talk about the
  792. 34:38uh the one you were just referring to
  793. 34:40I'll show it to you this this page on
  794. 34:42the third page of this exhibit is that
  795. 34:44right that's right all right pick up
  796. 34:45your story what did you notice that came
  797. 34:47to your attention so it says PMP a PMP
  798. 34:53attorney fee and in the parentheses had
  799. 34:56Forge um the check had been made out
  800. 34:58payable to forge and I knew this was
  801. 35:01incorrect so I went and had a discussion
  802. 35:04with elec about
  803. 35:05this and um the basics of the discussion
  804. 35:09was we needed to know about if they were
  805. 35:12going to do a a structured annuity we
  806. 35:15needed to do it also told him that the
  807. 35:17way he had done it was incorrect that he
  808. 35:20would not be saving any tax consequences
  809. 35:22that he needed to properly set it up
  810. 35:25with the insurance company on the front
  811. 35:27side
  812. 35:28right and why wasn't it done right why
  813. 35:29were you telling at least from what you
  814. 35:31knew at the time why did you think it
  815. 35:33was not being done right basically
  816. 35:35because it should have gone from the
  817. 35:37insurance company directly to forge we
  818. 35:39would not write a check and send it to
  819. 35:41forge for a structured fee let me put
  820. 35:45this up on the screen just real
  821. 35:47quick no other objection to 429 all
  822. 35:51right this time I'd move
  823. 35:54uh States 429 into evidence I believe
  824. 35:57without additional
  825. 36:03objection all right so is this the
  826. 36:06dispersement sheet you were talking
  827. 36:07about yes sir and this is generally the
  828. 36:10first one the jury's seen but is just
  829. 36:11generally how dispersement sheets look
  830. 36:13that are prepared by the law firm yes
  831. 36:16you generally see the caption and then
  832. 36:18our our inside number which is the
  833. 36:20matter ID you'll see the recovery and
  834. 36:23who's paid out then the next section
  835. 36:26should be your fee and
  836. 36:28expenses all right so you've got the fee
  837. 36:30right there correct that's correct and
  838. 36:32then you have expenses and what are
  839. 36:34generally what are expenses so the
  840. 36:35expenses are the case cost that we paid
  841. 36:38going along cost to um get depositions
  842. 36:41and pay transcribers medical records
  843. 36:44expert
  844. 36:45opinions um sometimes vehicles are
  845. 36:48involved that we store so it's anything
  846. 36:50that we pay on behalf of that case all
  847. 36:53right and so they'll have to come out of
  848. 36:55the recovery too correct that's correct
  849. 36:57and that's separate from the attorney's
  850. 36:58fees right correct right so when the
  851. 37:01when y'all settle a case you're going to
  852. 37:03get your attorney's fees but you're also
  853. 37:05going to get paid back any costs and
  854. 37:06expenses you had to litigate the case
  855. 37:08that's correct two separate amounts
  856. 37:10correct all right and then we've got a
  857. 37:13lean explain to me what a lean is and
  858. 37:15what how those affect dispersements if
  859. 37:17you look so a lean is it could be as
  860. 37:20simple as paying a doctor's bill that
  861. 37:23was um guaranteed or it can be paying
  862. 37:26back subreg
  863. 37:28which means subreg just means if you had
  864. 37:31insurance that covered it personally
  865. 37:32your Blue Cross Blue Shield and we
  866. 37:35recovered money Blue Cross Blue Shield
  867. 37:37or Medicare and Medicaid if you had that
  868. 37:40would them be seeking their money back
  869. 37:43so that would be a
  870. 37:45lean sometimes somebody who got injured
  871. 37:47like in a car wreck or something might
  872. 37:49have medical bills and there's a lean
  873. 37:50for that yes and sometimes funds might
  874. 37:54be withheld to satisfy those medical
  875. 37:56bills that's correct too is it common
  876. 37:58for the law firm to then negotiate with
  877. 38:00the medical provider like a hospital or
  878. 38:02whatever and see if he can get that
  879. 38:04medical bill down to a number they'll
  880. 38:06settle for that is that is correct and
  881. 38:09then if you save any money between what
  882. 38:11their bill was and what you get them to
  883. 38:13accept is that additional money that
  884. 38:14should go back to the client that's
  885. 38:16right and are those very common in these
  886. 38:17types of cases yes and generally we will
  887. 38:19not hold up dispersing the money to the
  888. 38:22client waiting on that to happen because
  889. 38:24it can take a while so we may have a
  890. 38:26dispersement that leaves some money in
  891. 38:28our account the balance of those bills
  892. 38:30while we're negotiating them and then
  893. 38:32we'll do a second dispersement to pay
  894. 38:34those clients that money or the provider
  895. 38:36of the money right so you pay them the
  896. 38:38big amount first and then if you're
  897. 38:39lucky enough to settle for a lesser
  898. 38:40amount then that whatever is left over
  899. 38:42you'll send to them later
  900. 38:44correct all right so then down here we
  901. 38:46have then the ultimate uh settle uh
  902. 38:49dispersement to the the beneficiaries
  903. 38:51the clients is that correct that's right
  904. 38:53right and if there's multiple as this
  905. 38:55one you would see the split between the
  906. 38:57to all right and just real quick whose
  907. 38:59signature is that right there that is
  908. 39:00Alex and have you you worked with them
  909. 39:02for how long or or did work with them
  910. 39:04for 23 years 22 years all right and so
  911. 39:07you got very familiar with his signature
  912. 39:09yes you recognize that as his signature
  913. 39:11yes all right going back here to this
  914. 39:13dispersement we had BMP attorney's fee
  915. 39:16Forge and then you had that
  916. 39:26amount and then and what is this next
  917. 39:28page of this exhibit that's the cancel
  918. 39:30check payable to forge for
  919. 39:33$83,000 33 all right and you recognize
  920. 39:36that sign signature on there that's
  921. 39:39Alex and so when you were when we last
  922. 39:43left off you were telling Alec that it
  923. 39:46had been done wrong because it had gone
  924. 39:48straight from the trust account direct
  925. 39:52to what you believe to be forged at the
  926. 39:54time correct correct and it can't go to
  927. 39:55the law firm or the tax benefits go away
  928. 39:58that's right all right so you raised
  929. 40:01those issues with Alec uh what did what
  930. 40:04was his response when you first talked
  931. 40:06to him about this his response was that
  932. 40:08he was not worried so much about the tax
  933. 40:11ramifications and saving the taxes but
  934. 40:14that he was trying to get money in
  935. 40:15Maggie's name due to the boat accident
  936. 40:17that had happened in February of 20
  937. 40:202019 all right did he go ahead he also
  938. 40:23brought up the fact that he was friends
  939. 40:26with Michael gun and that was going to
  940. 40:28try to work with Michael gun putting up
  941. 40:31some fees during the year as a favor to
  942. 40:33Michael gun and to help him accomplish
  943. 40:35putting money in Maggie's name right did
  944. 40:38he say anything and I apologize if you
  945. 40:39already said this did he say anything in
  946. 40:41response to your pointing out that this
  947. 40:43isn't going to work for the tax benefit
  948. 40:46he he said that's fine he was not
  949. 40:48worried about the tax benefit so much as
  950. 40:50getting the money in Maggie's name
  951. 40:51because of what the boat wreck because
  952. 40:53of the boat wreck all right did that
  953. 40:56concern you at all yes it did and why
  954. 40:58did it concern you because that is
  955. 41:01hiding assets and we're not going to be
  956. 41:04part of any hiding assets or or any
  957. 41:07wrongdoing so we were very concerned
  958. 41:10that he was trying to to do that and we
  959. 41:13didn't want to be a part of
  960. 41:15it uh at that point in time did you do
  961. 41:18anything about it or did you kind of
  962. 41:20table the matter for the time being we
  963. 41:21kind of tabled the matter for the mind
  964. 41:23for the time being um we I had it kind
  965. 41:27of set aside trying to figure out how am
  966. 41:29I going to account for this in my books
  967. 41:31and we were going to go back and talk to
  968. 41:33Partners and kind of figure out what we
  969. 41:34were going to
  970. 41:36do ultimately when is the sort of the
  971. 41:39drop dead deadline that you have to
  972. 41:40account for everything in the
  973. 41:42books usually I will do our final
  974. 41:44closing and balance all the time but
  975. 41:46usually we'll do that final accounting
  976. 41:48in December so I really start drilling
  977. 41:50down and looking at everything and
  978. 41:52balancing out in December but I knew I
  979. 41:54had till December to figure this out and
  980. 41:57at that point I was more concerned about
  981. 42:00how we were going to put it on our books
  982. 42:03and also letting the partners know what
  983. 42:05was going on so we can make sure that it
  984. 42:08didn't it was disclosed to his attorneys
  985. 42:11with the boat rack
  986. 42:14stuff you kind of just put that aside
  987. 42:16but keep it in the back of your mind
  988. 42:19right uh this is in May of what year did
  989. 42:22this happen 21 all right later on that
  990. 42:25month did you uh
  991. 42:28receive a communication of any sort from
  992. 42:30Alex pargal I did on Monday real quick
  993. 42:33that is an at griswell all right she's
  994. 42:36one of his par illegals and what did
  995. 42:38that what communication did she have
  996. 42:40with you so I received an email I was
  997. 42:42working in our wboro office that day and
  998. 42:44I have received an email from Annette
  999. 42:46that said she needed to talk to me in
  1000. 42:48private and um could I please meet with
  1001. 42:51her when I got back in the office so
  1002. 42:53when I did get back in the office we met
  1003. 42:56um and she came to me with
  1004. 42:59um with another concern that in another
  1005. 43:02file that we had right and tell me uh
  1006. 43:06what file was that so this file was we
  1007. 43:08refer to it as the ferris file and it
  1008. 43:11was a a case with Ferris versus MTH
  1009. 43:14truck that had a fairly significant
  1010. 43:16settlement and the concern was that we
  1011. 43:19had only received the expenses when on
  1012. 43:23on this this let me first say this case
  1013. 43:25was handled by Chris Wilson's firm and
  1014. 43:27they were handling the dispersement all
  1015. 43:29the money went through their account and
  1016. 43:31they drafted the dispersement and met
  1017. 43:32with the client so if that happens
  1018. 43:35typically the associate attorney will
  1019. 43:37mail us our fee check and our expense
  1020. 43:39check at the same
  1021. 43:41time let me uh so let me slow you down
  1022. 43:43so this particular case the feris case
  1023. 43:45was Alec Murdoch the only attorney
  1024. 43:48attorney on that
  1025. 43:49case in our firm I believe he was but
  1026. 43:52Chris Wilson was the associated Chris
  1027. 43:55Wilson and pmpd or in a different firm
  1028. 43:57no he's in his own different firm and
  1029. 43:59does that happen sometimes that two
  1030. 44:01lawyers one lawyer from your firm and
  1031. 44:03one lawyer from another firm will share
  1032. 44:04a case yes we have quite a lot of that
  1033. 44:06all right and then ultimately those fees
  1034. 44:08have to be split whichever way they
  1035. 44:10agreed to do that is that correct that's
  1036. 44:11correct and then sometimes if the
  1037. 44:14settlement money or the trial money
  1038. 44:16comes into that other firm then they
  1039. 44:17have to disperse the fees and expenses
  1040. 44:20to you that's correct and tell the jury
  1041. 44:23again what was anette's concern did she
  1042. 44:24receive part of it but not the other
  1043. 44:26thing Anette received only a check for
  1044. 44:28the
  1045. 44:29expenses but not the fees not the fee
  1046. 44:32which is unusual right so she had
  1047. 44:35already unbeknownst to me contacted my
  1048. 44:37staff to make sure that we had not
  1049. 44:39received that fee prior and indeed we
  1050. 44:42checked and it had not been so the
  1051. 44:44conversation inette had with me that day
  1052. 44:47was her concern that we were missing the
  1053. 44:51feed check and she'd had some
  1054. 44:54conversations with Vicky Lyman who is
  1055. 44:57Chris Wilson's
  1056. 44:58paralal and that led in it to believe
  1057. 45:01that ell had already had the money paid
  1058. 45:03to him and that that's the concern that
  1059. 45:06she reported to you yes right hold on
  1060. 45:09for me and I'm going to show you what's
  1061. 45:10been marked as States 312 one second
  1062. 46:24I believe stage 312 is offered for
  1063. 46:26admission with no additional objection
  1064. 46:28that's correct your on I admit
  1065. 46:31it all right I'm going to show you this
  1066. 46:33uh packet of documents um I'm going to
  1067. 46:36go to some emails that are within it and
  1068. 46:41uh first of all I'm going to show you
  1069. 46:42this one right here and just see if you
  1070. 46:44recognize that please I do all right
  1071. 46:47tell me what that is this is an email
  1072. 46:49from Vicky Lyman who's the paralal for
  1073. 46:51Chris Wilson to Annette Griswald who's
  1074. 46:54the paralal for ell Murdoch
  1075. 46:57and in it anette's questioning why did
  1076. 47:00we get the expenses and no fee Vicky
  1077. 47:04replied back dear friend it's only cost
  1078. 47:08because your boss and mine got their
  1079. 47:09fees once they were signed All right so
  1080. 47:12that's what why Annette brought that
  1081. 47:14concern to you yes all right did you
  1082. 47:17have any conversation with Annette about
  1083. 47:18what to do um well Annette expressed
  1084. 47:22concern about um tattling on ell and
  1085. 47:26perhaps getting being in trouble for for
  1086. 47:28him a retaliation from him so I told her
  1087. 47:32what's the concern what's the concern
  1088. 47:33right now the concern
  1089. 47:37is I just asked her what her concern was
  1090. 47:40the concern was that that money had been
  1091. 47:42stol there's an objection wait yes
  1092. 47:45sir he's asking her what Annette's
  1093. 47:48concern was and Annette needs to testify
  1094. 47:51about her own concern
  1095. 47:54right State the question please I'll
  1096. 47:56restate the question what was your
  1097. 47:58concern my concern was that he had
  1098. 48:00stolen the fees and they were paid to
  1099. 48:02him
  1100. 48:05personally all right um did you uh in
  1101. 48:08this conversation with Annette did you
  1102. 48:09instruct her to do anything did you send
  1103. 48:11any
  1104. 48:12email I sent an email to Annette um
  1105. 48:17asking for Annette to get copies of the
  1106. 48:20complete dispersement from Chris
  1107. 48:22Wilson's office along with a copy of
  1108. 48:24what we call the general ledger print
  1109. 48:26out which would show the deposit and the
  1110. 48:28checks um and the supporting document to
  1111. 48:31the dispersement often times we'll just
  1112. 48:33get a copy of the dispersement so I
  1113. 48:35asked for the full records like we would
  1114. 48:37have in our office and what did you tell
  1115. 48:39Annette to do once you sent that email
  1116. 48:40to her Annette forwarded that email to
  1117. 48:43Vicky Lyman at Chris Wilson's office all
  1118. 48:45right and I'm going to show you what's
  1119. 48:48been uh was part of exhibit 312 and it's
  1120. 48:51marked as 2374 at the bottom and just
  1121. 48:54kind of read that email going up is that
  1122. 48:56that the email that you sent to Annette
  1123. 48:58yes and is that the one that you were
  1124. 49:00asking her to forward on yes to request
  1125. 49:03additional information from Chris
  1126. 49:05Wilson's office to try to get to the
  1127. 49:06bottom of it yes all right and if we go
  1128. 49:09to the prior
  1129. 49:10[Applause]
  1130. 49:12page is that where Annette forwarded
  1131. 49:14that document on to Vicky Lyman at Chris
  1132. 49:17Wilson's office this is all right
  1133. 49:27all right and just real quick what was
  1134. 49:28the date on that uh email when it was
  1135. 49:31ultimately forwarded to Vicky Lyman at
  1136. 49:34Chris Wilson's office that email was
  1137. 49:36sent on May 27th but Vicky was out of
  1138. 49:40the office on vacation so Vicky replied
  1139. 49:42to anet on June 2nd upon her return okay
  1140. 49:47and what was the reply and the reply was
  1141. 49:49just clarifying what documents that they
  1142. 49:51needed and um at that point Vicki
  1143. 49:54replies back to and that she's not privy
  1144. 49:57to that information but she'll forward
  1145. 49:59it on to Chris Wilson to her boss Chris
  1146. 50:02Wilson yes all right so y'all have yall
  1147. 50:05gotten an answer at this point no right
  1148. 50:07so what's the next step what happens
  1149. 50:09after that so we're waiting for a while
  1150. 50:11and on Monday May 7th I went to Alex's
  1151. 50:16office searching for him after lunch um
  1152. 50:19after you sent the this email on June
  1153. 50:212nd did Alec ever reach out to you or
  1154. 50:23talk to you about about the inquiries
  1155. 50:26that you were making about where these
  1156. 50:27fees were yes he actually came in the
  1157. 50:29next day um first thing Chris did not
  1158. 50:32answer me but ell came in the first
  1159. 50:34thing and said um that money's in
  1160. 50:37Chris's trust why do you need all this
  1161. 50:39information and I basically said we just
  1162. 50:42need it for our records it's what we
  1163. 50:44have in ours and it's required for us to
  1164. 50:46keep he assured me that the money was
  1165. 50:48over there and that he'd get the records
  1166. 50:50and and they would get everything that
  1167. 50:52we needed and that was some point after
  1168. 50:54June 2nd believe it was the next this
  1169. 50:56morning all right and did you seek him
  1170. 50:58out or did he seek you out to say hey no
  1171. 51:00that money's there the whole time he
  1172. 51:02seek me out all right and that's what he
  1173. 51:04told you
  1174. 51:05yes all right uh did um around this time
  1175. 51:09did anybody else did y'all did you have
  1176. 51:11any discussions with any of the other
  1177. 51:13partners about what was going on with
  1178. 51:14this I did I'd initially gone to Lee
  1179. 51:17hope because he was one of the he's one
  1180. 51:19of the partners that does a lot of the
  1181. 51:21managing and he happened to be the one
  1182. 51:24that was in the office when this was
  1183. 51:26going on that I could find and talk to
  1184. 51:28and he also helped me come up with the
  1185. 51:31plan of how we were going to handle it
  1186. 51:33so ell would not think and that was
  1187. 51:36questioning um Mark Ball also knew some
  1188. 51:40about it
  1189. 51:42so
  1190. 51:48um did uh was there any discussion about
  1191. 51:51anyone contacting Chris Wilson after we
  1192. 51:54didn't get it that that came later that
  1193. 51:57came later that came later okay all
  1194. 51:59right uh so Alec comes to you and says
  1195. 52:02all that money's there what's the next
  1196. 52:04thing that happened that you did so the
  1197. 52:06next thing that happened was on Monday
  1198. 52:09May on June 7th I went looking for let
  1199. 52:13me slow you down on Monday June 7th yes
  1200. 52:15what year 21 June 7th 2021 what happened
  1201. 52:20went to look for ell and when I got
  1202. 52:22upstairs he was standing outside of his
  1203. 52:24office leaning on a file cabinet and he
  1204. 52:26looked at me with a a pretty dirty look
  1205. 52:29one I'd not seen before and said what do
  1206. 52:31you need now um clearly disgusted with
  1207. 52:35me which kind of raised my Hackle so I
  1208. 52:38said well let's go in your office and
  1209. 52:40talk about it we we went in his office I
  1210. 52:43said I told him I said I have reason to
  1211. 52:45believe that you received the feris
  1212. 52:47money directly to you and you need to
  1213. 52:49prove to me that you did not and um he
  1214. 52:53assured me again that the money was in
  1215. 52:55there I told him I still needed to see
  1216. 52:58the ledgers or proof that it
  1217. 53:00was again he told me the money was in
  1218. 53:03there that we could get it any time said
  1219. 53:05he was trying to leave it in there to
  1220. 53:07decide what to do as far as structuring
  1221. 53:09some more money or putting more money in
  1222. 53:11Maggie's
  1223. 53:12name you you asked him for proof is that
  1224. 53:15correct yes proof that he didn't have
  1225. 53:18that money
  1226. 53:20yes did you were you able to complete
  1227. 53:22that conversation on the morning of June
  1228. 53:247th 2021 was actually the afternoon of
  1229. 53:27June 7th afternoon but no we were not
  1230. 53:30able to complete it during the middle of
  1231. 53:31our conversation um he took a phone call
  1232. 53:34and the call was saying that his father
  1233. 53:38was in the hospital and that there was
  1234. 53:39nothing more could be done and he was
  1235. 53:41terminal so at that point you know I've
  1236. 53:44known elec for since I was 16 years old
  1237. 53:47known the family forever it turned into
  1238. 53:49a personal conversation about how's your
  1239. 53:52dad doing how's everything doing you
  1240. 53:54know what's going on
  1241. 53:56and I basically thought he was leaving
  1242. 53:59to go to the hospital to attend to his
  1243. 54:01father so I left the office at that time
  1244. 54:04and we did not discuss the money
  1245. 54:07anymore you thought he was leaving to go
  1246. 54:09I thought he was going to go to see
  1247. 54:11about his
  1248. 54:13father um he had gotten a phone call
  1249. 54:16about his father June 7th 2021 correct
  1250. 54:18that's
  1251. 54:19right did you
  1252. 54:21have a conversation with Alec later on
  1253. 54:25that day we did around four o'clock my
  1254. 54:28phone rang and I remember because I was
  1255. 54:29surprised that he was still there and
  1256. 54:32ell was asking me some information about
  1257. 54:34his 401k balance and why was he doing
  1258. 54:38that he was doing that because he stated
  1259. 54:40he had to get some documents and
  1260. 54:41financials together for a hearing
  1261. 54:44regarding the boat wreck later that week
  1262. 54:46he needed his own financial information
  1263. 54:48for a hearing for the boat case that
  1264. 54:50week correct that's correct
  1265. 55:04you know when the boat case was or the
  1266. 55:06boat case hearing was I believe it was
  1267. 55:08June 10th June 10th 21 within a few days
  1268. 55:12within a few
  1269. 55:15days
  1270. 55:19um were you surprised to hear from him
  1271. 55:21in the office I was cuz I thought he was
  1272. 55:24leaving thought he was leaving because
  1273. 55:25of the call from his about his Grand his
  1274. 55:27father his
  1275. 55:43father did you go home at the end of
  1276. 55:45work that day I
  1277. 55:47did went back home and had a normal
  1278. 55:49evening yes until about 10:30 tell me
  1279. 55:53what happened at 10:30 um I got a call
  1280. 55:55or started getting text from Friends
  1281. 55:57asking if I'd heard if Maggie and ell I
  1282. 56:01mean Maggie and Paul had been
  1283. 56:03shot um I didn't know anything about it
  1284. 56:06they were hearing things on scanners so
  1285. 56:09I've sent texts to a couple of the
  1286. 56:11attorneys and did not hear back until
  1287. 56:14probably 2:00 in the night Mark emailed
  1288. 56:18me back or texted me back that they in
  1289. 56:20fact had been shot and killed
  1290. 56:28was that shocking it was very
  1291. 56:31shocking was everybody scared very scary
  1292. 56:35you know nobody knew what was going on
  1293. 56:38so very
  1294. 56:43scary did the you said this Law Firm is
  1295. 56:46like a Brotherhood correct that's
  1296. 56:49correct did everyone rally to Alexa we
  1297. 56:52did there nothing happened that week at
  1298. 56:55work um everybody spent time with El
  1299. 56:59trying to support him bringing family
  1300. 57:01meals attending the funerals so nothing
  1301. 57:05happened all
  1302. 57:08week after the murders happened was
  1303. 57:10anybody at all concerned about getting
  1304. 57:13the proof for those missing fees after
  1305. 57:16those murders happened at that point in
  1306. 57:19time we weren't because we were
  1307. 57:20concerned about ell um he wasn't working
  1308. 57:24a whole lot he was um erratic we knew he
  1309. 57:28was taking pills um we were just worried
  1310. 57:32about hi sanity so we weren't going to
  1311. 57:35go in there and harass him about money
  1312. 57:38when we were worried about his mental
  1313. 57:40state and the fact that this his family
  1314. 57:42had been killed um it just wasn't even
  1315. 57:47on our mind at that
  1316. 57:50point wouldn't be on your mind would it
  1317. 57:52no
  1318. 58:01as a few weeks went
  1319. 58:04on
  1320. 58:06um did you ever receive any
  1321. 58:09communication about those
  1322. 58:14fees that kind of put the matter to bed
  1323. 58:17at least a little bit we did Lee c who
  1324. 58:19is one of the partners took over um he
  1325. 58:23you know he we decided we were not going
  1326. 58:25to press
  1327. 58:26but Lee made some contact with Chris
  1328. 58:28Wilson during that time asking Chris for
  1329. 58:32information um and I believe after that
  1330. 58:34ellex searched me out again and said hey
  1331. 58:37I've got that money um but it wasn't
  1332. 58:39until I believe it was July 19th I
  1333. 58:42received an email that Chris had
  1334. 58:44forwarded to elec elec then forwarded
  1335. 58:47the email to myself and Le hope and in
  1336. 58:50that email it said I am holding the fees
  1337. 58:53for the fairis case and he named the
  1338. 58:55amounts said they are available anytime
  1339. 58:58that you should need them so we're being
  1340. 59:01told by outside Council that the money
  1341. 59:03is
  1342. 59:04there did you trust what you were being
  1343. 59:07told yes when you got that email that at
  1344. 59:10least for the toing that looked like the
  1345. 59:12matter was put to bed yes I mean these
  1346. 59:14are members of the bar who've taken a SW
  1347. 59:16orth that we're supposed to trust and
  1348. 59:18they're telling us the money is
  1349. 59:23there I'm still an exhibit 312 I'm going
  1350. 59:27to put this up on the screen do you
  1351. 59:29recognize
  1352. 59:32that that is the email that I'm
  1353. 59:35referring
  1354. 59:37to
  1355. 59:41and this email comes from who to who
  1356. 59:44comes from Chris Wilson to Alec Murdoch
  1357. 59:47and then it gets sent to who myself and
  1358. 59:50Lee cope from who from ell Murdoch all
  1359. 59:53right
  1360. 59:58and can you read uh to the
  1361. 1:00:02jury that paragraph right there what was
  1362. 1:00:05uh forwarded to you to sort of put this
  1363. 1:00:08matter to bed Alex as discussed I am
  1364. 1:00:12confirming that I'm holding in trust
  1365. 1:00:14$600,000 in the andreil ferris case and
  1366. 1:00:18192,000 in the Denise feris case which
  1367. 1:00:21represent attorney fees I will continue
  1368. 1:00:23to hold these monies in trust until I'm
  1369. 1:00:25instru Ed by you and your firm regarding
  1370. 1:00:33payment does that leave you to believe
  1371. 1:00:35that those monies have been there all
  1372. 1:00:41along yes with some hesitation on my
  1373. 1:00:44part because I just it still seemed a
  1374. 1:00:47little shaky to me but I've decided that
  1375. 1:00:49I would have to believe what was
  1376. 1:00:51presented to
  1377. 1:00:53me and this uh what's the D on this
  1378. 1:00:56particular email July
  1379. 1:00:5819th so we're just over 2021 just over a
  1380. 1:01:01month after murders is that correct yes
  1381. 1:01:03a little
  1382. 1:01:12ever I take you forward a little
  1383. 1:01:16bit well let me ask you this in that
  1384. 1:01:19time period and July and August going
  1385. 1:01:22into early September is elec in the
  1386. 1:01:24office much he's not in the office very
  1387. 1:01:26much
  1388. 1:01:27now
  1389. 1:01:30um you had uh mentioned before uh the
  1390. 1:01:34first thing that kind of came your
  1391. 1:01:35attention in what case was that herb and
  1392. 1:01:38Bears all right
  1393. 1:01:43um at some point in time does that
  1394. 1:01:46herburger matter kind of come back to
  1395. 1:01:47your attention to take a look at that um
  1396. 1:01:49yes like I said I had it sitting there
  1397. 1:01:51on my desktop right in front of me um
  1398. 1:01:54but due to work and personal obligations
  1399. 1:01:56and things that were happening that
  1400. 1:01:58summer I didn't start looking again
  1401. 1:02:00until September and um decided to start
  1402. 1:02:03coming through his fees for the year and
  1403. 1:02:06just making sure that we had not missed
  1404. 1:02:10anything else before you go on with that
  1405. 1:02:13around that same time as you're doing
  1406. 1:02:15that does Annette Griswald come into
  1407. 1:02:17your office she did incidentally during
  1408. 1:02:20the day after I'd found what I'm about
  1409. 1:02:23to discuss with you she walks into the
  1410. 1:02:25office and had found a check on Alex's
  1411. 1:02:28desk that was made payable to Richard
  1412. 1:02:31Alexander Murdoch and it was from Chris
  1413. 1:02:34Wilson's trust account and the amount I
  1414. 1:02:36believe was
  1415. 1:02:38$225,000 and it was um signed and on the
  1416. 1:02:42memo varis
  1417. 1:02:44fees all right I'm going to show you
  1418. 1:02:46what's been marked as States
  1419. 1:02:50313 see if you recognize
  1420. 1:02:53that that's the check I'm just
  1421. 1:02:55discussing all right your honor this
  1422. 1:02:56time I would move uh States 313 in
  1423. 1:02:59evidence no
  1424. 1:03:01additional admitt it and what is States
  1425. 1:03:04313 that is a check from Chris Wilson's
  1426. 1:03:07client trust account payable to Richard
  1427. 1:03:10Alexander Murdoch Esquire in the amount
  1428. 1:03:12of
  1429. 1:03:13$225,000 referencing feris fees is it
  1430. 1:03:17made out to the law firm no who's it
  1431. 1:03:19made out to it's made out to him
  1432. 1:03:21personally Richard Alexander
  1433. 1:03:23M when you see this
  1434. 1:03:26check what if anything is your
  1435. 1:03:29realization that he stole the money that
  1436. 1:03:32he'd been
  1437. 1:03:34lying and what's the date on that
  1438. 1:03:37check March 10th
  1439. 1:03:432021 all right so when that brings you
  1440. 1:03:46that check and you're also looking uh at
  1441. 1:03:49the four you said explain what you were
  1442. 1:03:51doing as well when when this is going on
  1443. 1:03:53so simultaneously that day I I decided
  1444. 1:03:56to print out a listing of Forge payments
  1445. 1:03:58to forge Consulting and as I was
  1446. 1:04:01printing those out I was printing
  1447. 1:04:03supporting documents and cancel checks
  1448. 1:04:06and as the cancel checks hit the back of
  1449. 1:04:08my printer I could see ell Murdoch's
  1450. 1:04:10signature on the back it would say ell
  1451. 1:04:12Murdoch and a lot of them were Bank of
  1452. 1:04:15America and as everyone come out I
  1453. 1:04:18started noticing it more and more and a
  1454. 1:04:20sick the sickest feeling you could feel
  1455. 1:04:23in the world I knew that he was stealing
  1456. 1:04:25all this money money um at that point
  1457. 1:04:29William Barnes just happened to call
  1458. 1:04:31over to my office and said what are you
  1459. 1:04:33doing how are you doing today and I said
  1460. 1:04:34I'm about to throw up you need to come
  1461. 1:04:36over here and showed him the checks at
  1462. 1:04:39which point he verified that he thought
  1463. 1:04:42that was Alex signature as
  1464. 1:04:44well from there we called Mark Ball Mark
  1465. 1:04:48Ball came and looked over the
  1466. 1:04:50information we showed him the proof of
  1467. 1:04:52the check of the 225,000 and Mark
  1468. 1:04:55noticed that one of the cases that he
  1469. 1:04:57definitely knew it could not have been
  1470. 1:04:59going to forge because it was a workers
  1471. 1:05:01comp case which case was that that was
  1472. 1:05:04Thomas Moore keep going um so he knew
  1473. 1:05:08that that money couldn't have been sent
  1474. 1:05:11no matter what we also discussed this
  1475. 1:05:14with Lee cope and we were trying to
  1476. 1:05:16decide how are we going to handle this
  1477. 1:05:17what are we going to do Lee cope it was
  1478. 1:05:20decided that Lee cope would contact
  1479. 1:05:22Michael gun directly and we Nam a few of
  1480. 1:05:26the cases we got a few of the names Lee
  1481. 1:05:29contacted Michael gun asked them if
  1482. 1:05:31there had ever been to please verify if
  1483. 1:05:33there had ever been any structures with
  1484. 1:05:34that and also asked Michael gun if they'
  1485. 1:05:37been banking at Bank of
  1486. 1:05:39America Michael's reply to Lee was they
  1487. 1:05:43they had not banked at Bank of America
  1488. 1:05:45in a number of years and that he was
  1489. 1:05:47unable to verify that those were indeed
  1490. 1:05:50set structured fees for those clients
  1491. 1:05:52all right so let me let me slow you down
  1492. 1:05:54real quick
  1493. 1:05:56you researched what name in there Forge
  1494. 1:05:59Consulting so you're researching in your
  1495. 1:06:01system Forge Consulting correct to see
  1496. 1:06:03any instances where it was an Alec
  1497. 1:06:06Murdoch case that went to forge
  1498. 1:06:08Consulting correct correct and did you
  1499. 1:06:10find a number of checks we did you have
  1500. 1:06:12access to the firm trust account checks
  1501. 1:06:15on your system yes and when you saw
  1502. 1:06:17those checks what did You observe they
  1503. 1:06:19caused that sickening feeling you just
  1504. 1:06:22described they were made to forge
  1505. 1:06:25instead of Forge Consulting but also the
  1506. 1:06:28fact that his signature was on the back
  1507. 1:06:30and the endorsement on the back was Bank
  1508. 1:06:32of America what did that indicate to you
  1509. 1:06:34about all those checks when you saw his
  1510. 1:06:36signature on them that they were stolen
  1511. 1:06:39fees stolen
  1512. 1:06:54money that's different from this correct
  1513. 1:06:56that's
  1514. 1:07:00correct what's being
  1515. 1:07:02stolen what if anything is being stolen
  1516. 1:07:05with exhibit
  1517. 1:07:06313 the Fe the check is being written
  1518. 1:07:10directly to Richard Alexander Murdoch
  1519. 1:07:12and in the other scheme it was written
  1520. 1:07:15to a forge account which we realized was
  1521. 1:07:18a fank forge bank account we found in
  1522. 1:07:21the office a few days later bank
  1523. 1:07:23statements that said Richard Alexander
  1524. 1:07:26MDOT doing business as
  1525. 1:07:47Forge all right so you say a few days
  1526. 1:07:49later in Alex's office you found some
  1527. 1:07:51bank statements that's correct do you
  1528. 1:07:53remember what bank they were on Bank of
  1529. 1:07:54America and I'm going to show you what's
  1530. 1:07:56been marked as exhibit 335 and see if
  1531. 1:07:59you represent uh recognize that just as
  1532. 1:08:01an example I do and what is that this is
  1533. 1:08:04a bank statement from Bank of America
  1534. 1:08:06with the name Richard A Murdoch Soul
  1535. 1:08:09prop which means proprietor doing
  1536. 1:08:12business as Forge and it has Alex home
  1537. 1:08:15address as the contact on the bank
  1538. 1:08:18account and you found bank statements on
  1539. 1:08:20this account in his office correct
  1540. 1:08:22that's right is this the legitimate forg
  1541. 1:08:24bank account it's the fake Forge bank
  1542. 1:08:32account we don't have any
  1543. 1:08:35additional I would offer a 335 your
  1544. 1:08:37honor at this
  1545. 1:08:46time is that the name that's on that was
  1546. 1:08:49on the account that you found yes
  1547. 1:08:55and you called it quote fake Forge fake
  1548. 1:08:57Forge and why do you call it fake Forge
  1549. 1:09:00because there is a real Forge Consulting
  1550. 1:09:02but this was a fake company that he set
  1551. 1:09:04up to mimic and look like and designed
  1552. 1:09:07to look like Forge the real Forge who's
  1553. 1:09:10the main guy at the real Forge Michael
  1554. 1:09:12gun and does this account right here in
  1555. 1:09:15Alec Murdoch's name have anything to do
  1556. 1:09:17with the real Forge absolutely
  1557. 1:09:23none going back to to exhibit
  1558. 1:09:27313 this
  1559. 1:09:29check the problem is who who should have
  1560. 1:09:32this check been made out to that should
  1561. 1:09:33have been made out to Peters Mur Parker
  1562. 1:09:35elrath and distri to the law firm
  1563. 1:09:37correct that's right all right
  1564. 1:09:40so who who is who is not getting what
  1565. 1:09:43they're supposed to get in this instance
  1566. 1:09:44for this check the law firm when we
  1567. 1:09:47start talking about the fake Forge
  1568. 1:09:50account who's generally not getting what
  1569. 1:09:52they're supposed to get is the law firm
  1570. 1:09:54or someone else generally the client
  1571. 1:09:56sometimes the law firm but generally the
  1572. 1:09:58client generally the
  1573. 1:10:00clients all
  1574. 1:10:21right show you what's been marked at
  1575. 1:10:23States 3:14
  1576. 1:10:26see if you recognize
  1577. 1:10:32this yes this is a spreadsheet of all
  1578. 1:10:35the payments made to the fake Forge
  1579. 1:10:38referencing each client in the amount
  1580. 1:10:40that was stolen from each client and did
  1581. 1:10:43you prepare that I did all right and is
  1582. 1:10:45this based on an investigation that you
  1583. 1:10:48had to do in the wake of all of this yes
  1584. 1:10:50we did we we also had forensic Auditors
  1585. 1:10:54come in and look at this we had we hired
  1586. 1:10:57former FBI to come in and look at this
  1587. 1:10:59and we've also self-reported to the
  1588. 1:11:02office of disciplinary Council which
  1589. 1:11:04maintains licenses and we've turned over
  1590. 1:11:0710 years of information to them at least
  1591. 1:11:10and provided them with all
  1592. 1:11:12this let me see it real quick at this
  1593. 1:11:16time we would move into evidence States
  1594. 1:11:19314 honor we do not have any additional
  1595. 1:11:22objections provided it's understand that
  1596. 1:11:25we understand that it's being offered
  1597. 1:11:26for The Limited purpose for which your
  1598. 1:11:28honor instructed the jury yesterday
  1599. 1:11:30that's it's not character evidence it's
  1600. 1:11:32only the motive according to the state's
  1601. 1:11:34theory yes
  1602. 1:11:38sir thank
  1603. 1:11:40you all right
  1604. 1:12:10we're going to pick up on your story a
  1605. 1:12:11little bit
  1606. 1:12:12but you were saying that when Annette
  1607. 1:12:16Griswald around the time she brought you
  1608. 1:12:18that Chris Wilson check that had Alex's
  1609. 1:12:20number name on it you also were bringing
  1610. 1:12:24up in search and Forge in your system
  1611. 1:12:26and that's when you saw all these quote
  1612. 1:12:28fake Forge checks correct that's
  1613. 1:12:30correct uh and you mentioned that you
  1614. 1:12:32went and talked to some Partners about
  1615. 1:12:33it and that sort of thing correct that's
  1616. 1:12:35correct we're going to talk about that
  1617. 1:12:36in a minute but just real quick as we go
  1618. 1:12:40to exhibit
  1619. 1:12:42314 this is that spreadsheet that you
  1620. 1:12:44prepared is that correct that's
  1621. 1:12:49correct and we have the what's this
  1622. 1:12:52right here that is the day of the check
  1623. 1:12:57where the funds were stolen from all
  1624. 1:13:00right and then right here that's the
  1625. 1:13:02client name all right and then right
  1626. 1:13:04here that's what we call the civil
  1627. 1:13:06action number if it's been filed within
  1628. 1:13:08the court all right and then the
  1629. 1:13:10category is what type that he did most
  1630. 1:13:13of them are forg payments or you see a
  1631. 1:13:16couple other took insurance so it's he
  1632. 1:13:18had a few methods all right and then
  1633. 1:13:22over here is that when y'all had to pay
  1634. 1:13:23the money back yes so for each one of
  1635. 1:13:26these the money that was stolen all the
  1636. 1:13:28partners got together and had to put the
  1637. 1:13:30money back into client trust and we went
  1638. 1:13:33through and corrected and met with every
  1639. 1:13:35client and distributed money back to
  1640. 1:13:37them um that's an ongoing basis still
  1641. 1:13:41going on so for all these clients you
  1642. 1:13:44had to pay the law firm had to pay money
  1643. 1:13:46back the Partners came up with money and
  1644. 1:13:48paid all the all the clients back and
  1645. 1:13:51why did y'all have to pay all that money
  1646. 1:13:52back because Alec had stolen it
  1647. 1:14:04we're going to talk about these in a
  1648. 1:14:06minute but if we look at
  1649. 1:14:08the bottom at least for this category
  1650. 1:14:11what was the total that you have at
  1651. 1:14:12least for this category
  1652. 1:14:152,841
  1653. 1:14:2251255 and at least in this category
  1654. 1:14:30the earliest date we have is roughly
  1655. 1:14:32what year
  1656. 1:14:412015 all right let's go back to uh early
  1657. 1:14:44September do you remember what day it
  1658. 1:14:46was that all this was happening
  1659. 1:14:47September 2nd all right and and that
  1660. 1:14:51brings you this check uh you're finding
  1661. 1:14:53these things you say you talk to some of
  1662. 1:14:54the part about this correct and what
  1663. 1:14:57happens after that what do y'all just
  1664. 1:14:58what do y'all do we had a partner
  1665. 1:15:00meeting at Lee cop's house the morning
  1666. 1:15:02of Friday September 3rd is the defendant
  1667. 1:15:06there no right is Randy Murdoch there
  1668. 1:15:09Randy is not there
  1669. 1:15:11initially um
  1670. 1:15:13initially we just we showed all the
  1671. 1:15:16remaining Partners what we had found in
  1672. 1:15:18that um that he had been stealing the
  1673. 1:15:22consensus was let's get Randy in here
  1674. 1:15:25and let show him so he wasn't
  1675. 1:15:27blindsided Randy came in we presented
  1676. 1:15:30him the evidence and he immediately hung
  1677. 1:15:33his head and said he stole it we've got
  1678. 1:15:37to do something about this right anybody
  1679. 1:15:41then uh go make contact with the
  1680. 1:15:43defendant
  1681. 1:15:44so Danny Henderson and Randy Murdoch
  1682. 1:15:47went to confront El about
  1683. 1:15:50it and what was reported to you after
  1684. 1:15:52that conversation the report was that la
  1685. 1:15:55had admitted that he stole the money and
  1686. 1:15:57that we were forcing him to
  1687. 1:16:07resign in the wake of all of that you
  1688. 1:16:09ultimately had to start doing this
  1689. 1:16:11review is that correct yes and the
  1690. 1:16:14spreadsheet that we're about to go
  1691. 1:16:15through reflects those various
  1692. 1:16:17transactions is that correct that's
  1693. 1:16:18right
  1694. 1:16:33take a break now if you go to the Jury
  1695. 1:16:34Room please do not discuss the
  1696. 1:16:37case thank you you may proceed thank you
  1697. 1:16:40honor mate Police Court yes sir Mr
  1698. 1:16:43seconder uh before the break just to
  1699. 1:16:44reset the table uh you had
  1700. 1:16:48um gone in did you go into Alex office
  1701. 1:16:51on June 7th
  1702. 1:16:532021 for proof that he had not taken the
  1703. 1:16:55Chris Wilson fees yes and then that
  1704. 1:16:59conversation got uh delayed correct yes
  1705. 1:17:02got disrupted and delayed the murders
  1706. 1:17:04happened correct did you receive an
  1707. 1:17:07email in July leading you believe that
  1708. 1:17:09the Chris Wilson fees were in the
  1709. 1:17:11account all along we did and then we
  1710. 1:17:13moved to September when inette Griswald
  1711. 1:17:16Alex pergal did she bring you a check
  1712. 1:17:18showing that in fact those checks had
  1713. 1:17:20been written to Alec back in March of
  1714. 1:17:212021 that's correct and at the same time
  1715. 1:17:24you were going through uh the system and
  1716. 1:17:26looking at payments to forge correct
  1717. 1:17:29correct and the real Forge is headed by
  1718. 1:17:31who who's the main guy there Michael gun
  1719. 1:17:33all right and then ultimately though you
  1720. 1:17:35determined these were going to what you
  1721. 1:17:36called what fake Forge fake Forge which
  1722. 1:17:39was account set up uh to look like Forge
  1723. 1:17:42but in the name of who Richard Alexander
  1724. 1:17:44Murdoch the defendant yes and then once
  1725. 1:17:46you uncovered that that started to pull
  1726. 1:17:49the thread into a series of things
  1727. 1:17:52you're about to testify going back uh
  1728. 1:17:54the preceding years is that correct
  1729. 1:17:56that's correct and so that's kind of
  1730. 1:17:57where we left off that's right all
  1731. 1:18:01right we're going to go back and look at
  1732. 1:18:04um States
  1733. 1:18:06314 and we're just going to do these in
  1734. 1:18:09order and move expeditiously as we can
  1735. 1:18:45all right I'll show you what's been
  1736. 1:18:46marked as uh States
  1737. 1:18:48[Music]
  1738. 1:18:49317 so you're uh to this trial and see
  1739. 1:18:53if you recognize that
  1740. 1:18:55I this is the dispersement statement for
  1741. 1:18:57Audriana Hay all right your honor this
  1742. 1:19:00time state would offer States 317 into
  1743. 1:19:03evidence uh no additional objection your
  1744. 1:19:06honor ADM all right and tell the jury
  1745. 1:19:09what this is very quickly so in this one
  1746. 1:19:12there's a recovery of
  1747. 1:19:14$247,500 there's attorney fees of
  1748. 1:19:18$22,000 expenses of
  1749. 1:19:20$426 54 and then the settlement proc
  1750. 1:19:24proceeds to forge Consulting for the
  1751. 1:19:26client's amount of
  1752. 1:19:28$225,700
  1753. 1:19:3046 right and that's the dispersement
  1754. 1:19:32sheet that was signed by who do you
  1755. 1:19:34recognize the signature on there Alex
  1756. 1:19:36all right and uh let me put it up on the
  1757. 1:19:39screen
  1758. 1:19:42for was uh This Record was this found in
  1759. 1:19:44the files of of the law firm
  1760. 1:19:53yes and signatur is that right there
  1761. 1:19:56Alex what's the date on this 1220
  1762. 1:20:002018 and what's the first name of the
  1763. 1:20:02client here please
  1764. 1:20:04Adriana all right and we look at this uh
  1765. 1:20:08this particular dispersement has got the
  1766. 1:20:09recovery amount that's how much money
  1767. 1:20:10came in is that correct that's correct
  1768. 1:20:13and then we have an attorney's fee yes
  1769. 1:20:15and that looks like that's a reduced fee
  1770. 1:20:18all right it's a reduced fee in as much
  1771. 1:20:20as not why did you say it's a reduced
  1772. 1:20:22fee it's not a third or either 40 % of
  1773. 1:20:25the
  1774. 1:20:26$247,500 all right and then we've got
  1775. 1:20:30expenses is that correct yes and then
  1776. 1:20:32finally we have this line right
  1777. 1:20:35here what does that say
  1778. 1:20:37again settlement proceeds to forge
  1779. 1:20:40Consulting $225,700
  1780. 1:20:56exhibits after the in
  1781. 1:21:04evidence is there any in evidence or not
  1782. 1:21:08this particular exhibit
  1783. 1:21:13yes thank
  1784. 1:21:15you all right and uh looking at the
  1785. 1:21:17second page of this exhibit what is this
  1786. 1:21:19this is the check made payable to forge
  1787. 1:21:21for the $225,700
  1788. 1:21:246 and that went to the fake Forge yes
  1789. 1:21:28right did the law firm ultimately have
  1790. 1:21:30to pay that money back we did and why
  1791. 1:21:32did you have to pay it back because
  1792. 1:21:34ellex stole
  1793. 1:21:42it again looking at these dispersement
  1794. 1:21:44sheets these are prepared by the
  1795. 1:21:46attorneys and their staff is that
  1796. 1:21:47correct that's correct and then they're
  1797. 1:21:49delivered to the finance staff correct
  1798. 1:21:51and then the finance staff uses that to
  1799. 1:21:53do what to to um cut the checks and give
  1800. 1:21:56them back to the the attorney to
  1801. 1:21:58disperse to the clients so this first
  1802. 1:21:59sheet was delivered to your staff is
  1803. 1:22:01that correct correct and then they did
  1804. 1:22:03what they wrote the checks as per the
  1805. 1:22:06dispersement and why did they do what El
  1806. 1:22:09Murdoch requested them to do they
  1807. 1:22:10trusted him and he was their boss and
  1808. 1:22:13that's thought they thought they should
  1809. 1:22:18do all right going to the next one
  1810. 1:22:26States
  1811. 1:22:48318 show you what's in Mark States
  1812. 1:22:513:18 see if you recognize this document
  1813. 1:22:58yes this is urement statement for
  1814. 1:23:00Barrett bware all right your honor this
  1815. 1:23:02time I would offer States 318 into
  1816. 1:23:04evidence no additional objection admit
  1817. 1:23:07it all right we'll put it up on screen
  1818. 1:23:10if you have problems seeing just let me
  1819. 1:23:11know and I'll bring it back to you
  1820. 1:23:13okay all right again this is the
  1821. 1:23:15dispersement statement for this
  1822. 1:23:17particular case that's correct and who's
  1823. 1:23:19the uh the first name of the client
  1824. 1:23:21please Barrett all right and looking
  1825. 1:23:24here here on this particular one we have
  1826. 1:23:27again a recovery and then we have some
  1827. 1:23:29expenses and then ultimately we have
  1828. 1:23:30this right here is that correct that's
  1829. 1:23:32correct and uh who is that dispersement
  1830. 1:23:35what did it say on the dispersement
  1831. 1:23:36sheet Forge but that's the fake Forge
  1832. 1:23:39all right and do you see a signature on
  1833. 1:23:41there I do it's ell Mardo all right and
  1834. 1:23:44going to the next page you recognize
  1835. 1:23:46that this is the check payable for
  1836. 1:23:49$279,800 and I believe 85 or 65 sense
  1837. 1:23:55all right and do you recognize that
  1838. 1:23:57signature right there that's ell Mardo
  1839. 1:23:59and do you recognize this writing right
  1840. 1:24:01there that is his handwriting all right
  1841. 1:24:04and did this money go into real Forge or
  1842. 1:24:06did it go to the fake Forge it went into
  1843. 1:24:08his fake Forge account all right and did
  1844. 1:24:10ultimately the law firm have to uh
  1845. 1:24:12refund this money again we refunded the
  1846. 1:24:15money each partner put up money and
  1847. 1:24:17refunded the money to the client and why
  1848. 1:24:18did the law firm have to refund it
  1849. 1:24:20because he stole it who stole it elec
  1850. 1:24:22Murdoch stole it all right
  1851. 1:24:25I'm going to go to the third page of
  1852. 1:24:26this exhibit uh do you recognize this
  1853. 1:24:29particular check right here I do all
  1854. 1:24:31right and what is that so this is an
  1855. 1:24:33insurance proceed payment from I believe
  1856. 1:24:35Southern Fidelity Insurance in the
  1857. 1:24:37amount of
  1858. 1:24:38$75,100
  1859. 1:24:40that check never even came through our
  1860. 1:24:42books he stole it endorsed it and put it
  1861. 1:24:45in his Bank of America account and we
  1862. 1:24:47found a copy of it on his desk later as
  1863. 1:24:50we were investigating right did the law
  1864. 1:24:52firm ultimately have to replace that
  1865. 1:24:53money we replace that money as
  1866. 1:25:17well real quick
  1867. 1:25:30show you what's
  1868. 1:25:34uh been I believe admitted in evidence
  1869. 1:25:36of States
  1870. 1:25:38429 okay this is dispersement sheet for
  1871. 1:25:42herburger all right and uh on that
  1872. 1:25:45particular one uh let me first of all
  1873. 1:25:48I'm going to put it up on the screen and
  1874. 1:25:49again uh if you can see it if you have
  1875. 1:25:51if I need to bring it back to me uh to
  1876. 1:25:52you let me know okay
  1877. 1:25:57okay all right I'm going to go over to
  1878. 1:26:00the third page of this
  1879. 1:26:04exhibit and this is a a dis a
  1880. 1:26:07dispersement sheet in this matter is
  1881. 1:26:08that correct that's correct all right
  1882. 1:26:10and we look on this third line and what
  1883. 1:26:12does it say right there the pmpd
  1884. 1:26:16attorney fee Forge all right what's the
  1885. 1:26:18amount
  1886. 1:26:19$833
  1887. 1:26:2133.33 and that's the one we discussed
  1888. 1:26:23earlier there that's one the one that
  1889. 1:26:25first came to your attention yes all
  1890. 1:26:29right ultimately go over to this next
  1891. 1:26:32check do you recognize that it's the
  1892. 1:26:34corresponding check for the payment to
  1893. 1:26:35forge for $833
  1894. 1:26:3833.33 do you recognize that signature
  1895. 1:26:41elec Mardo all right and you recognize
  1896. 1:26:44that writing right there on the
  1897. 1:26:44endorsement Alec Mardo all right and
  1898. 1:26:47this is a check that you thought had
  1899. 1:26:48gone to a legitimate structure correct
  1900. 1:26:51where did it actually go it went to his
  1901. 1:26:53fake 4 count the one in his personal
  1902. 1:27:06name I'm going to show you the second
  1903. 1:27:08part page of this exhibit you recognize
  1904. 1:27:10this check I do all right and tell me
  1905. 1:27:12what this check is this is another check
  1906. 1:27:14payable to forge for $
  1907. 1:27:1691,8
  1908. 1:27:196750 for the settlement proceeds due to
  1909. 1:27:22the estate of Jacob herburger
  1910. 1:27:24all right and just going back real quick
  1911. 1:27:27the first amount of uh 83,000 and change
  1912. 1:27:30those were actually represented what
  1913. 1:27:33those our fees that would be payable to
  1914. 1:27:35the law firm okay and then this this
  1915. 1:27:38money right here though that represented
  1916. 1:27:39what client money client settlement
  1917. 1:27:42money and did it go where did it go it
  1918. 1:27:44went to the fake Forge account and Alex
  1919. 1:27:46name all right and did the law fir
  1920. 1:27:49ultimately have to repay that money we
  1921. 1:27:50repaid that as well so we got two
  1922. 1:27:52transactions in this particular one we
  1923. 1:27:54got the 833 and then we have the 91,000
  1924. 1:27:57is that correct and I had to correct
  1925. 1:27:59myself on that one we're still in the
  1926. 1:28:00process of paying that one right and
  1927. 1:28:02what's the date on that particular one
  1928. 1:28:04December 15
  1929. 1:28:072020 and then the date on May 12th 2021
  1930. 1:28:12all right and that's roughly around the
  1931. 1:28:13time that that came to your attention as
  1932. 1:28:14you previously testified yes
  1933. 1:28:51show you what's from Mar 6es 3:19 take a
  1934. 1:28:54look at
  1935. 1:28:59it this is the dispersement sheet for
  1936. 1:29:02blond Gary all right I'm going go put it
  1937. 1:29:05on the screen again if you need me to
  1938. 1:29:07bring it to to you let me
  1939. 1:29:12know and at this time your honor I'd
  1940. 1:29:14offer 319 in evidence no additional
  1941. 1:29:17objection admit it all right looking at
  1942. 1:29:20this we have uh what's the first name of
  1943. 1:29:23the client here Angel all right and
  1944. 1:29:26looking down we have a recovery amount
  1945. 1:29:28and then what's this third line right
  1946. 1:29:30there Forge structure and the amount of
  1947. 1:29:32$112,500 all right and going to the next
  1948. 1:29:38page what do we see this is the check
  1949. 1:29:41payable to forge in the amount of
  1950. 1:29:43$112,500 all right and did that go to
  1951. 1:29:47the real Forge or the fake Forge it went
  1952. 1:29:48to the fake Forge and El Murdock's name
  1953. 1:29:51all right and whose signature is that
  1954. 1:29:53ell Murdock going back to the original
  1955. 1:29:55page whose signature is that again ell
  1956. 1:29:57Murdock what's the
  1957. 1:30:00uh the date on that I don't know if you
  1958. 1:30:02can see it or not it looks like
  1959. 1:30:064919
  1960. 1:30:09okay did y'all have to repay that money
  1961. 1:30:12we also repay that money all right why
  1962. 1:30:14did you have to pay repay that money
  1963. 1:30:15because it was due to the client and ell
  1964. 1:30:17Murdoch stole it
  1965. 1:30:46I'm going show you what's been marked as
  1966. 1:30:48States 320 see if you recognize this
  1967. 1:30:52document this is the dispersement sheet
  1968. 1:30:55on Christopher Anderson all right your
  1969. 1:30:59honor this time I'd offer States 320 in
  1970. 1:31:01evidence no additional objection you
  1971. 1:31:04admit
  1972. 1:31:06it all right again we have the
  1973. 1:31:09dispersement sheet is that correct we
  1974. 1:31:11do all right and then we have a recovery
  1975. 1:31:15is that correct yes of
  1976. 1:31:17750,000 and then how much on this
  1977. 1:31:19dispersement sheet was written to forge
  1978. 1:31:22750,000 every every every bit of it yes
  1979. 1:31:25and whose signature is that ell
  1980. 1:31:28mardock second page a check payable to
  1981. 1:31:32forge for
  1982. 1:31:33$750,000 what's the uh date on it
  1983. 1:31:36February 20th 2020 did this go to the
  1984. 1:31:39real Forge or the fake Forge it went to
  1985. 1:31:40his fake Forge personal
  1986. 1:31:44account in this particular case were
  1987. 1:31:46there multiple recoveries there were
  1988. 1:31:48multiple recoveries in this one right so
  1989. 1:31:50some of the money did some of the money
  1990. 1:31:52actually go to the client back in the
  1991. 1:31:54back when all of this happened some of
  1992. 1:31:55the money did go to the client and when
  1993. 1:31:57meeting with the client to go over this
  1994. 1:31:59he told me that he was unaware of the
  1995. 1:32:01second settlement right and how much of
  1996. 1:32:04the second settlement did Alec Murdoch
  1997. 1:32:08take the the 100% of it the entire
  1998. 1:32:15750,000 what's the date on
  1999. 1:32:18that February 20
  2000. 1:32:222020 do you recognize that signature
  2001. 1:32:24right there that's Alex
  2002. 1:33:22I'm going to show you what's been marked
  2003. 1:33:23as States 321 so you can recognize this
  2004. 1:33:26document this is a dispersement stat to
  2005. 1:33:30statement excuse me to Dion Martin all
  2006. 1:33:33right your honor this time the state
  2007. 1:33:35would offer States 321 in evidence no
  2008. 1:33:38additional objection admitt
  2009. 1:33:43it all right uh looking at this
  2010. 1:33:46particular one what's the first name of
  2011. 1:33:48the client here Dion all right and
  2012. 1:33:51couple things first thing I want to ask
  2013. 1:33:53about is is we have uh right here um
  2014. 1:33:57what's that third line right there what
  2015. 1:33:58does that say says structured for an
  2016. 1:34:00nudity directly to Michael gun in The
  2017. 1:34:03The J Who Michael gun is he is the owner
  2018. 1:34:07of the rail Forge Consulting that would
  2019. 1:34:09do structured annuities was for that was
  2020. 1:34:12there any actual structured annuity
  2021. 1:34:14directly to M Michael gun we were able
  2022. 1:34:16to verify later that there was no
  2023. 1:34:18structured annuity to Michael gun all
  2024. 1:34:20right and what was the effect of having
  2025. 1:34:23that line in this dispersement sheet
  2026. 1:34:25when it was repaired by the defendant
  2027. 1:34:26and his staff you can see a line where
  2028. 1:34:29the payment is says settlement proceeds
  2029. 1:34:31structur annuity 500 out so basically
  2030. 1:34:35what he did here was create a fake fee
  2031. 1:34:39or a fake recovery that he took a 40%
  2032. 1:34:41fee on
  2033. 1:34:43$200,000 that $200,000 should have been
  2034. 1:34:46the client's money but he faked a fee
  2035. 1:34:49it's just Phantom money so by putting
  2036. 1:34:52this line in here right here
  2037. 1:34:54with that fake annuity then 40% of that
  2038. 1:34:56would be it was counted in as fees under
  2039. 1:34:59his column and and our system all right
  2040. 1:35:02and so just by that paperwork poof you
  2041. 1:35:04have Phantom money Phantom
  2042. 1:35:10money did y'all ultimately have to
  2043. 1:35:12account for that we did with the client
  2044. 1:35:14we
  2045. 1:35:18did all right down here at the bottom
  2046. 1:35:20you recognize that signature Alec Mardo
  2047. 1:35:22you see the date 820
  2048. 1:35:252015 all right and
  2049. 1:35:29then moving on to the next
  2050. 1:35:34page and uh you previously uh testified
  2051. 1:35:37that there could be multiple uh
  2052. 1:35:38dispersements in the case is that
  2053. 1:35:40correct that's correct and is this one
  2054. 1:35:42such case
  2055. 1:35:43yes all right um right here I'm looking
  2056. 1:35:47at the second dispersement and down at
  2057. 1:35:49the bottom can you tell me the date on
  2058. 1:35:51this October 6th 20 5 all right and down
  2059. 1:35:55at the bottom right here what does that
  2060. 1:35:57say dispersement to Forge
  2061. 1:36:01$338,000 3 38,5
  2062. 1:36:056.14 did that go to the real Forge or
  2063. 1:36:07the fake Forge went to the fake
  2064. 1:36:15Forge looking at the next page you
  2065. 1:36:17recognize that that's the check payable
  2066. 1:36:20to the fake Forge in the amount of
  2067. 1:36:22338,000
  2068. 1:36:24$564 signed by ell Murdoch all
  2069. 1:36:28right did y'all ultimately have to pay
  2070. 1:36:30that back to the client we did we paid
  2071. 1:36:32that and the $200,000 back and why' you
  2072. 1:36:35have to do that because ell is strolling
  2073. 1:36:37it going to the next page we have
  2074. 1:36:39another dispersement in this case is
  2075. 1:36:41that correct yes all right and uh what
  2076. 1:36:45does this line say right there structure
  2077. 1:36:48to forge marked through
  2078. 1:36:51$445,000 where did that $45,000 go it
  2079. 1:36:54went to the fake Forge account Nell
  2080. 1:36:56Murdoch's name all
  2081. 1:37:00right going forward we see this check
  2082. 1:37:03you recognize that that's the check
  2083. 1:37:05payable to forge in the amount of
  2084. 1:37:07$445,000 all right you recognize that
  2085. 1:37:09signature it's Al
  2086. 1:37:11Muro recognize that writing right there
  2087. 1:37:13Al Muro and where did that money go to
  2088. 1:37:16the fake Forge count and his Bank of
  2089. 1:37:19America Richard Alexander Murdoch name
  2090. 1:37:22so we had we had three things here we
  2091. 1:37:24had the Phantom fee correct correct we
  2092. 1:37:26had the 338,000 in change correct we had
  2093. 1:37:29the 45,000 correct and did J off them
  2094. 1:37:31have to pay all that back we paid every
  2095. 1:37:33cent of it back the attorney's put it in
  2096. 1:37:35because ellex stole it
  2097. 1:38:02show you States
  2098. 1:38:033:15 see if you recognize
  2099. 1:38:09this this is another dispersement for
  2100. 1:38:12Elise mallerie your honor at this time
  2101. 1:38:14I'd offer States 3:15 in evidence no
  2102. 1:38:17additional objection submitted
  2103. 1:38:25all right who's the client's uh name on
  2104. 1:38:27this one just the first name please
  2105. 1:38:29Elise all right and this particular
  2106. 1:38:31What's the total recovery amount
  2107. 1:38:38$183,500 but again that's reduced and
  2108. 1:38:41I'm able to tell that because it's not a
  2109. 1:38:43third or either 40% but that $30,000
  2110. 1:38:46ultimately was cut to the firm It
  2111. 1:38:48ultimately was cut to the pmpd and who
  2112. 1:38:50was it credited to on Whose books El
  2113. 1:38:52murdocks all right and then what's
  2114. 1:38:54what's there's some fees for about 600
  2115. 1:38:56and change correct yes
  2116. 1:38:58expenses excuse me expenses and uh so
  2117. 1:39:02what's the remainder the remainder is
  2118. 1:39:04$152,800
  2119. 1:39:26you see the date on that I I can't
  2120. 1:39:28really see
  2121. 1:39:30that I'm going to hand you back uh
  2122. 1:39:33States 314 which is the spreadsheet you
  2123. 1:39:35prepared is that correct yes look it
  2124. 1:39:38down at the bottom can you remind the
  2125. 1:39:39jury what the date is of that particular
  2126. 1:39:41uh check it was November 30th 2020
  2127. 1:39:44November 30th 2020
  2128. 1:39:50okay did any of the recovery in this
  2129. 1:39:53case actually go to the client and that
  2130. 1:39:55one none of it went to the
  2131. 1:39:59client it either went
  2132. 1:40:02to Alex fees or it went to where to his
  2133. 1:40:06fake Forge account that was doing
  2134. 1:40:08business as Bank of doing business as
  2135. 1:40:10forg the fake account with Bank of
  2136. 1:40:12America did you ever was there any
  2137. 1:40:15conversation with Alec about this cases
  2138. 1:40:17related to those fees there was um later
  2139. 1:40:20in the summer of 2021 his secretary
  2140. 1:40:23called called over to accounting and
  2141. 1:40:24said that he wanted to disperse some
  2142. 1:40:26money to Elise mallerie and at that
  2143. 1:40:28point we informed that the money had
  2144. 1:40:30already been
  2145. 1:40:31dispersed so then ellex said that he
  2146. 1:40:34wanted to give a portion of his fee back
  2147. 1:40:36to the client because she was just a
  2148. 1:40:38sweet lady that he felt she needed some
  2149. 1:40:41funds given back to her he'd like to do
  2150. 1:40:43her favor about the $30,000 in fees yes
  2151. 1:40:47was that
  2152. 1:40:49after all of that
  2153. 1:40:51$152,000 the bulk of that recovery for
  2154. 1:40:55that case had been instead dispersed to
  2155. 1:40:57the fake Forge account
  2156. 1:41:02yes do you all have to account for that
  2157. 1:41:04and pay the client back we did and why
  2158. 1:41:06was that because he stole the
  2159. 1:41:10money going to 322
  2160. 1:41:39show what's been marked in States
  2161. 1:41:42322 see if you recognize
  2162. 1:41:47this yes it's another dispersement that
  2163. 1:41:50has actually several parts but it's
  2164. 1:41:52Jamie and richer
  2165. 1:41:56okay your honor this time I offer States
  2166. 1:41:58322 in aidence uh no additional
  2167. 1:42:01objection admit
  2168. 1:42:04it all right what's the first name on
  2169. 1:42:06the uh jamen all right and looking at
  2170. 1:42:10this uh particular dispersement sheet uh
  2171. 1:42:13what is uh this amount right there
  2172. 1:42:16$90,000 and what's it made payable to on
  2173. 1:42:18the dispersement sheet Forge uh we see a
  2174. 1:42:21a signature right there looks a little
  2175. 1:42:22different as do you recognize that
  2176. 1:42:23signature at all I still believe it's
  2177. 1:42:25Alex okay and going to the uh next page
  2178. 1:42:29what is that this is the check payable
  2179. 1:42:31to forge in the amount of $90,000 and
  2180. 1:42:33what's the date on it it cleared on 9116
  2181. 1:42:36It Was Written sometime in August of
  2182. 1:42:392016 where did that check go it went to
  2183. 1:42:41the fake Forge account with Bank of
  2184. 1:42:43America that is in his personal name
  2185. 1:42:54going to this page of the exhibit do you
  2186. 1:42:56recognize that yes I do and tell me what
  2187. 1:42:59this is very quickly these were some of
  2188. 1:43:01those client case expenses that we would
  2189. 1:43:03collect normally and what you're seeing
  2190. 1:43:06here is some cost for um employee travel
  2191. 1:43:09on the first line but then cost paid to
  2192. 1:43:12Austin Aviation for some airline
  2193. 1:43:14services and then some Mills and travel
  2194. 1:43:17within New York we have uh Austin
  2195. 1:43:20Aviation is that like a private plane
  2196. 1:43:22that is private plane and limousine
  2197. 1:43:24service that's a a private limousine
  2198. 1:43:28yeah all right did y'all ultimately
  2199. 1:43:30refund these this money to the client we
  2200. 1:43:32did why was that we discovered that
  2201. 1:43:34those were after the the close of the
  2202. 1:43:36case and there was no way that they
  2203. 1:43:38could have been
  2204. 1:43:39done they had been buil to the client
  2205. 1:43:41they had been buil to the client
  2206. 1:43:42deducted from the client's dispersement
  2207. 1:43:44so we reimbursed those as well when we
  2208. 1:43:46were giving our clients the money back
  2209. 1:44:22show you what's been mark States 323 to
  2210. 1:44:24your uh testimony see if you recognize
  2211. 1:44:29that this is dispersement for Johnny
  2212. 1:44:32Bush okay you're honor this time at
  2213. 1:44:35offer States 323 in evidence no add
  2214. 1:44:38objection it all right very
  2215. 1:44:43quickly Johnny Johnny all right down
  2216. 1:44:48here we've got what does that line say
  2217. 1:44:50Forge
  2218. 1:44:51$95,000 where did did that money go to
  2219. 1:44:54the fake Forge account that Alec held
  2220. 1:44:56all right is that the check
  2221. 1:44:59corresponding check for the $90,000 with
  2222. 1:45:02Alex
  2223. 1:45:03signature all
  2224. 1:45:14right and uh did y'all have to pay that
  2225. 1:45:17money back we did and why did you have
  2226. 1:45:19to pay that money back because Alex
  2227. 1:45:20stole it as well
  2228. 1:45:49show you States 324 see if you recognize
  2229. 1:45:51that
  2230. 1:45:57yes this is a dispersement to Jordan
  2231. 1:46:00jinx this time an offer States 324 and
  2232. 1:46:03nothing no additional objection admit
  2233. 1:46:07it all
  2234. 1:46:11right right here uh looking at this
  2235. 1:46:13particular one who's the uh first name
  2236. 1:46:16of the client Jordan right here on this
  2237. 1:46:19dispersement what do we have right there
  2238. 1:46:21a payment of Forge in the amount of
  2239. 1:46:24$85,000
  2240. 1:46:26okay and whose signature down at the
  2241. 1:46:28bottom Alec Murdock what's the date
  2242. 1:46:31August 1st
  2243. 1:46:352018 looking at the second page what is
  2244. 1:46:37this right here the check for to payable
  2245. 1:46:40to forge for the
  2246. 1:46:42$80,000 all right and where did that
  2247. 1:46:44money go to the fake Forge account you
  2248. 1:46:47recognize that
  2249. 1:46:48signature that's Alex signature as well
  2250. 1:46:51all right looking over the next next
  2251. 1:46:53page what is this this is a second
  2252. 1:46:55dispersement with another check payable
  2253. 1:46:57to forge in the amount of
  2254. 1:46:59$65,000 all right you recognize that
  2255. 1:47:01signature ell
  2256. 1:47:02Murdock all right and what's the next
  2257. 1:47:04page a check payable to Ford in the
  2258. 1:47:06amount of
  2259. 1:47:07$65,000 with ell Murdoch signature all
  2260. 1:47:10right and what date did that clear
  2261. 1:47:13October 4th
  2262. 1:47:162018 all
  2263. 1:47:18right um this $85,000 where did that go
  2264. 1:47:23to the fake Forge the $65,000 where did
  2265. 1:47:26that go to the fake Forge count did your
  2266. 1:47:28Law Firm have to account for that money
  2267. 1:47:30we accounted for it and reimbursed the
  2268. 1:47:32client due to the fact that El had
  2269. 1:47:34stolen it
  2270. 1:48:17show you what's been marked that states
  2271. 1:48:18325 your testimony and see if you
  2272. 1:48:20recognize this
  2273. 1:48:25this is another dispersement for Manuel
  2274. 1:48:28christiani all right your honor this
  2275. 1:48:30time i' off for States
  2276. 1:48:32325 no additional objection your submit
  2277. 1:48:38it all right first name
  2278. 1:48:41Manuel what does this say right here
  2279. 1:48:43Forge
  2280. 1:48:46$70,000 going over to the next page you
  2281. 1:48:48recognize that that's the check payable
  2282. 1:48:50to forge for $70,000 sign by Al Murdoch
  2283. 1:48:54what's the day did it clear your trust
  2284. 1:48:56August 16th
  2285. 1:48:572016 where did this money go went to his
  2286. 1:49:00fake Forge count did you have to account
  2287. 1:49:02for this money we did right and why' you
  2288. 1:49:04have to account for it this money was
  2289. 1:49:06stolen this money still um has not been
  2290. 1:49:09paid back it's under a court order to be
  2291. 1:49:11paid in the court because there's some
  2292. 1:49:13dispute about who it belongs to but
  2293. 1:49:15ultimately But ultimately we funded it
  2294. 1:49:18and it's paid into the court so it came
  2295. 1:49:20out of our pockets again
  2296. 1:49:45Tre you what's been Mark States 326 to
  2297. 1:49:48your testimony and see if you recognize
  2298. 1:49:49this
  2299. 1:49:54this is another dispersement for Mary
  2300. 1:49:56Duncan your honor at this time it offer
  2301. 1:49:58States
  2302. 1:50:00326 no other no additional objection
  2303. 1:50:03admitt
  2304. 1:50:05it all right
  2305. 1:50:08uh first name of the client
  2306. 1:50:11Mary looking down here uh what is that
  2307. 1:50:14line right there settlement proceeds to
  2308. 1:50:16forg in the amount of $19,500
  2309. 1:50:20right see the date October 3rd 2018 do
  2310. 1:50:25you recognize that at all El
  2311. 1:50:27Murdo that's the signature you mean yes
  2312. 1:50:30all right uh what's this right here on
  2313. 1:50:32the second page this is the check
  2314. 1:50:34payable to forge for $199,500
  2315. 1:50:36referencing Mary Duncan settlement
  2316. 1:50:38proceeds and what day did that clear
  2317. 1:50:41October 22nd 2018 and how
  2318. 1:50:45much $9,500 all right where did this
  2319. 1:50:49money go to the fake Forge count did
  2320. 1:50:51your Law Firm have to account for that
  2321. 1:50:53we did and we reimbursed the client for
  2322. 1:50:55that why' you have to do that because
  2323. 1:50:57Alex stole it
  2324. 1:51:26sh West been Markus States 327 see if
  2325. 1:51:29you recognize
  2326. 1:51:34this this is a dispersement sheet for
  2327. 1:51:37Randy
  2328. 1:51:39dry all
  2329. 1:51:42right this time it all for States 327 in
  2330. 1:51:44evidence no additional objection let's
  2331. 1:51:47admit
  2332. 1:51:49it all right uh dispersement sheet what
  2333. 1:51:52line do we have right here Forge
  2334. 1:52:04$956,000
  2335. 1:52:07and what's the date on it it is dated
  2336. 1:52:10October 3rd
  2337. 1:52:122017 you recognize that signature elec
  2338. 1:52:15Murdoch signature all right did your uh
  2339. 1:52:18Law Firm ultimately have to account for
  2340. 1:52:20those funds we did and we reimburse the
  2341. 1:52:22client that money as well because it was
  2342. 1:52:23stolen funds again and what uh where did
  2343. 1:52:26these funds actually go to they went to
  2344. 1:52:27the fank forge account that was under
  2345. 1:52:29his
  2346. 1:52:45control all right I'm going to show you
  2347. 1:52:47what's been marked as stat 328 and see
  2348. 1:52:49if you recognize this
  2349. 1:52:54this is a dispersement for Thomas Moore
  2350. 1:52:57your honor this time I'd offer State 328
  2351. 1:53:00and evidence no additional objection
  2352. 1:53:03admitt
  2353. 1:53:07it all right right here on the
  2354. 1:53:10dispersement what's the
  2355. 1:53:12name first name Thomas all right and
  2356. 1:53:16what does the dispersement say Forge
  2357. 1:53:20$125,000 right down here you Rec has
  2358. 1:53:22that signature it's ell Murdo on the
  2359. 1:53:25left whose handwriting does that look
  2360. 1:53:26like to you it looks like ell Murdo as
  2361. 1:53:29well Tommy Moore confirmed with us that
  2362. 1:53:31he did not sign that dispersement going
  2363. 1:53:34to the second page uh what is this this
  2364. 1:53:36is the check payable to forge in the
  2365. 1:53:38amount of
  2366. 1:53:39$125,000 do that go to the real Forge or
  2367. 1:53:41the fake Forge fake
  2368. 1:53:43Forge all right and uh who's writing is
  2369. 1:53:46that right there on the endorsement
  2370. 1:53:47that's El Murdock who signature on the
  2371. 1:53:49check elec Murdock
  2372. 1:53:53did y'all have to uh account for that
  2373. 1:53:56money with the client we did we
  2374. 1:53:57reimbursed him as well and why did you
  2375. 1:53:59have to account for that because it had
  2376. 1:54:00been stolen by
  2377. 1:54:02Ellie the ones that you've been
  2378. 1:54:04describing this was
  2379. 1:54:06after you started to pull the
  2380. 1:54:09thread and all of that started to
  2381. 1:54:11unravel is that correct that's
  2382. 1:54:13right
  2383. 1:54:15was the quote fake for Forge as you call
  2384. 1:54:18it was that the
  2385. 1:54:20only thing that you detected is you
  2386. 1:54:22started to review the activities of elec
  2387. 1:54:25Murdoch while he was a partner in the
  2388. 1:54:26law firm no I'm going to show you uh
  2389. 1:54:29what's been marked as exhibit 329 to
  2390. 1:54:32your testimony and just quickly tell me
  2391. 1:54:33if you recognize that and what it is I
  2392. 1:54:35do recognize this this is a list of
  2393. 1:54:38payments that were stolen by being paid
  2394. 1:54:41to pet State Bank all right hold on for
  2395. 1:54:43me real quick
  2396. 1:55:15all right going back to uh States
  2397. 1:55:193:29 um again did you prepare the
  2398. 1:55:22spreadsheet I did and is this based on
  2399. 1:55:25your role as the CFO and going back and
  2400. 1:55:27reviewing various records and trying to
  2401. 1:55:28figure this all of this out yes sir all
  2402. 1:55:31right your honor at this time the state
  2403. 1:55:32would offer States 329 into
  2404. 1:55:35evidence no additional objections your
  2405. 1:55:38honor and subject to the
  2406. 1:55:40Court's prior limitations on its use
  2407. 1:55:43it's
  2408. 1:55:44it all right putting this up on the
  2409. 1:55:46screen
  2410. 1:55:53can you see that all right or I need to
  2411. 1:55:54bring it to yes I can see it all right I
  2412. 1:55:56see up at the top there's uh some
  2413. 1:55:58writing on it can you tell the jury what
  2414. 1:56:00that is real quick that was a mistake
  2415. 1:56:02when I made up the worksheet that we
  2416. 1:56:04discovered when I got here those checks
  2417. 1:56:06were written in the period of 2012
  2418. 1:56:09instead of the 75 that I had down so we
  2419. 1:56:12scratched through and I initialed my
  2420. 1:56:13correction so that's says 20 2012 and
  2421. 1:56:16then your initials is that right yes and
  2422. 1:56:18then uh over here what is this right
  2423. 1:56:20here this the client's name that the
  2424. 1:56:22money was stolen from all right and then
  2425. 1:56:25what's that the civil action court
  2426. 1:56:26number all right and then the category
  2427. 1:56:30the method that he used to get away with
  2428. 1:56:33this and in this payment was payment of
  2429. 1:56:35state bank checks and then this line
  2430. 1:56:37right there the date that we put money
  2431. 1:56:39back into our trust account to be able
  2432. 1:56:41to refund the clients and then finally
  2433. 1:56:44uh the amount
  2434. 1:56:472,798
  2435. 1:56:5012654 is this
  2436. 1:56:52include what was in we've already gone
  2437. 1:56:55through in stage 314 the other
  2438. 1:56:57spreadsheet or is this different money
  2439. 1:56:59it's additional
  2440. 1:57:07money States
  2441. 1:57:11314 what was the amount the total amount
  2442. 1:57:142,
  2443. 1:57:1784152
  2444. 1:57:1855 and then the new one we're about to
  2445. 1:57:21talk about two ,
  2446. 1:57:2379,81
  2447. 1:57:28654 now you mentioned uh Pala State Bank
  2448. 1:57:32uh this is not the fake Forge is that
  2449. 1:57:33correct that's correct all right tell me
  2450. 1:57:36just generally what you uncovered and
  2451. 1:57:39how funds were allegedly misappropriated
  2452. 1:57:42through this method by the
  2453. 1:57:44defendant um P meta State
  2454. 1:57:47Bank was the pr on some of these funds
  2455. 1:57:51and there was lines on these
  2456. 1:57:53dispersements to be paid to paleta State
  2457. 1:57:56Bank on the surface they looked okay
  2458. 1:57:59when I called and asked the bank to give
  2459. 1:58:01me information backing up the checks
  2460. 1:58:03what had happened to them once they were
  2461. 1:58:05written to the bank we discovered that
  2462. 1:58:07the money had been used for paying
  2463. 1:58:09things on elex behalf like loan payments
  2464. 1:58:12equipment purchases paying back loans to
  2465. 1:58:16people he had borrowed money from and
  2466. 1:58:19everything was for his use
  2467. 1:58:22and then looking at that was there a
  2468. 1:58:24individ an official at the bank who was
  2469. 1:58:27assisting uh El Murdoch with these
  2470. 1:58:29transactions Russell lefit was the one
  2471. 1:58:31helping convert those funds and is
  2472. 1:58:34Russell lefit any relation to you
  2473. 1:58:35Russell leit is my brother-in-law he's
  2474. 1:58:37married to my sister's husband
  2475. 1:59:00stage 330 home stretch stage 330 to uh
  2476. 1:59:04to this trial and see if you recognize
  2477. 1:59:06that document this is the Badger
  2478. 1:59:08dispersement all right your honor this
  2479. 1:59:11time I'd offer States 330 in evidence no
  2480. 1:59:14additional objection
  2481. 1:59:31all right how much were the attorney's
  2482. 1:59:32fees on this particular case
  2483. 1:59:35$1,240
  2484. 1:59:36th000 that's how much the attorney fees
  2485. 1:59:39were that's the attorney fees all right
  2486. 1:59:40and then if we scroll down this
  2487. 1:59:42dispersement we have what's this number
  2488. 1:59:45right here 1 mil
  2489. 1:59:48$325,000 and that pursuant to this
  2490. 1:59:50dispersement was supposed to be made out
  2491. 1:59:52to who Pata State Bank right and that's
  2492. 1:59:55completely separate from these
  2493. 1:59:57attorney's fees in this case is that
  2494. 1:59:58correct that's correct it's an addition
  2495. 2:00:00did those attorney fees actually get
  2496. 2:00:02paid into the firm account those did yes
  2497. 2:00:05and and those were legitimate correct
  2498. 2:00:07those were legitimate and they were
  2499. 2:00:08credited to who ell Murdock and that's
  2500. 2:00:10completely
  2501. 2:00:12separate from this additional $ 1,
  2502. 2:00:15325,000 below that is that correct
  2503. 2:00:18that's correct all right and what
  2504. 2:00:20happened to that 1,325
  2505. 2:00:23that 1, 325,000 ended up being converted
  2506. 2:00:26into um payments on his behalf through
  2507. 2:00:29the
  2508. 2:00:33bank all right can you tell me the date
  2509. 2:00:35on
  2510. 2:00:36that November 19th
  2511. 2:00:422012
  2512. 2:00:44now this particular uh amount right here
  2513. 2:00:47well let me go
  2514. 2:00:57I'm going to show you the page three of
  2515. 2:00:58this
  2516. 2:01:04exhibit and is this an email that you
  2517. 2:01:07found in the records of your Law Firm we
  2518. 2:01:09did all right and who is this email from
  2519. 2:01:11and who's it to the email is from
  2520. 2:01:13Russell Le to elec Murdoch all right and
  2521. 2:01:17what does it say right there it says ell
  2522. 2:01:19can you get jeie to recut check 43162
  2523. 2:01:23dated 111 1912 as follows and then it
  2524. 2:01:26lists four different amounts and it says
  2525. 2:01:28thanks Russell all right and then below
  2526. 2:01:31that the next page is this another email
  2527. 2:01:33that was found uh in the records of uh
  2528. 2:01:36your Law Firm it is and what's the date
  2529. 2:01:38on this
  2530. 2:01:39email February 6
  2531. 2:01:422013 all right and uh please uh who's
  2532. 2:01:45the email from so this email is from ell
  2533. 2:01:48Murdoch to Russell a fe all right and
  2534. 2:01:51tell the jury what it says it gives an
  2535. 2:01:53amount of
  2536. 2:01:59$388,500 loone 75k and whatever the
  2537. 2:02:04balance would be on the
  2538. 2:02:06$1,325 th000 after these deductions and
  2539. 2:02:10again remind the jury what the uh amount
  2540. 2:02:12that was written to PSB in 1, 325,000 is
  2541. 2:02:17that in that email the last line ask
  2542. 2:02:20elec ask Russell to email me and request
  2543. 2:02:24that right did that actually happen yes
  2544. 2:02:27and so had had uh your staff already cut
  2545. 2:02:29this check based on the dispersement for
  2546. 2:02:31$1,325 th000 yes and based on this email
  2547. 2:02:34chain did you ultimately recut checks
  2548. 2:02:37made out to paleta State Bank yes sir
  2549. 2:02:39and the amounts requested in the amounts
  2550. 2:02:41requested and those funds what happened
  2551. 2:02:43to them they were um used to pay
  2552. 2:02:46personal loan payments on elex's behalf
  2553. 2:02:48so again the funds that he stole and
  2554. 2:02:50paid obligations that he haded did you
  2555. 2:02:52have to account to the client for this
  2556. 2:02:54amount right here we did and you had to
  2557. 2:02:56do that because they were
  2558. 2:02:57misappropriated by the defendant that's
  2559. 2:02:59right all right looking through these
  2560. 2:03:01checks are these the checks that were
  2561. 2:03:02recut by your staff after the request by
  2562. 2:03:04Alec yes to Russell and from Russell to
  2563. 2:03:07you
  2564. 2:03:12correct and incidentally in this one we
  2565. 2:03:15also reimburse the client the pr fee
  2566. 2:03:18because the pr had not done their job so
  2567. 2:03:20we made sure that we reimburse the
  2568. 2:03:22client for that as well who was the pr
  2569. 2:03:24Rosell
  2570. 2:03:28Le and I'm just slowly moving through
  2571. 2:03:30this uh exhibit but these the various
  2572. 2:03:32checks and how they ultimately were
  2573. 2:03:34converted that's the information that I
  2574. 2:03:35got back from paleta State Bank showing
  2575. 2:03:37how they were converted
  2576. 2:03:56I'm looking at this check right here
  2577. 2:03:58which is
  2578. 2:03:59the fifth page of the exhibit can you
  2579. 2:04:02see the date on that February 88th
  2580. 2:04:172013 going to this check right here
  2581. 2:04:19what's the date on that September 1 13
  2582. 2:04:372013 all right
  2583. 2:05:21show you this real quick States uh 331
  2584. 2:05:25see if you recognize
  2585. 2:05:30this this is um the correcting
  2586. 2:05:34dispersement for Arthur Badger that we
  2587. 2:05:36reconstructed and that uh that goes with
  2588. 2:05:39the prior exhibit is that correct yes
  2589. 2:05:41this time on off State
  2590. 2:05:43331 no additional
  2591. 2:05:45objection let admit
  2592. 2:05:49it and this just again reflects what you
  2593. 2:05:52were just talking about and the
  2594. 2:05:53repayments of those monies is that
  2595. 2:05:54correct that's correct where previously
  2596. 2:05:57it had the
  2597. 2:05:5835,000 and so our total repayment to the
  2598. 2:06:01client was 1, 360,000 which is the 35
  2599. 2:06:05and the
  2600. 2:06:071325 and the 35 is the uh PR fee yes
  2601. 2:06:28show you States 332
  2602. 2:06:54and 334 we'll show you 334 first and see
  2603. 2:06:58if you recognize this
  2604. 2:07:01document this is a dispersement to
  2605. 2:07:05Natasha
  2606. 2:07:06Thomas all right your honor this time
  2607. 2:07:08I'd offer States 334 in evidence no
  2608. 2:07:10additional
  2609. 2:07:12objection thank you your honor and while
  2610. 2:07:14I'm here uh States
  2611. 2:07:16332 this is the correcting dispersement
  2612. 2:07:19that we drafted to return the money to
  2613. 2:07:22Natasha Thomas your honored offer States
  2614. 2:07:24332 on that no additional objection ADM
  2615. 2:07:40it all
  2616. 2:07:44right looking at this particular dis uh
  2617. 2:07:47dispersement again what's the first name
  2618. 2:07:49of the client Natasha all right and we
  2619. 2:07:52have various recovery amounts here is
  2620. 2:07:53that correct that's correct uh we have
  2621. 2:07:56the actual uh legal fees received in
  2622. 2:07:59this case correct yes and who who were
  2623. 2:08:01they who were those actually credited to
  2624. 2:08:03well 800 of that is to elec Murdoch and
  2625. 2:08:07then the other portion of the fee was
  2626. 2:08:09the $115,000 fee payable to Russell the
  2627. 2:08:11fee as conservator for this
  2628. 2:08:14case and those those fees were actually
  2629. 2:08:16accredited to who to Alec
  2630. 2:08:19Murdoch and on top of that go down to
  2631. 2:08:22the bottom and we have this last line
  2632. 2:08:23what's that right there Natasha Thomas
  2633. 2:08:26Peta state bank
  2634. 2:08:29$325,000 that
  2635. 2:08:30$325,000 where did it go it went to pet
  2636. 2:08:33State Bank and was converted into funds
  2637. 2:08:35for personal use again paying loans
  2638. 2:08:38buying equipment Etc personal expense
  2639. 2:08:41for who for ell mardock did y'all
  2640. 2:08:43ultimately have to account to the client
  2641. 2:08:45for that money we did and why did you
  2642. 2:08:47have to do that IEX stall that money
  2643. 2:08:52you recognize that signature right there
  2644. 2:08:53yes that's Russell of
  2645. 2:08:56Fates what is that check right there do
  2646. 2:08:58you recognize that this is the check
  2647. 2:09:00that we wrote to Peta State Bank and
  2648. 2:09:03what's the date on that 1220
  2649. 2:09:142011 and hold on real quick I'm going to
  2650. 2:09:17go
  2651. 2:09:19back just to make sure States 330 this
  2652. 2:09:23was Arthur that's the case you just
  2653. 2:09:24talked about a little bit ago that's
  2654. 2:09:26correct the one with the uh 1325 million
  2655. 2:09:30that's correct and on this dispersement
  2656. 2:09:31sheet what was the
  2657. 2:09:33date November 19th 2012 all right back
  2658. 2:09:38to Natasha
  2659. 2:10:03now you mentioned it was often uh common
  2660. 2:10:05for uh Monies to be held back for leans
  2661. 2:10:08is that right that's right and
  2662. 2:10:10ultimately the the idea is to settle
  2663. 2:10:12those leans like with a hospital or
  2664. 2:10:14something like that or Medicaid and then
  2665. 2:10:17uh and then ultimately P the client uh
  2666. 2:10:19any um excess that you were able to
  2667. 2:10:21settle underneath is that cor correct
  2668. 2:10:23that's right all right in this case were
  2669. 2:10:25certain monies held back for Lans there
  2670. 2:10:28was money held back yes
  2671. 2:10:34okay and ultimately was there an amount
  2672. 2:10:36that was
  2673. 2:10:37paid uh on those L and in particular I'm
  2674. 2:10:41showing you this line right here that
  2675. 2:10:42says ACA recoveries yes there was all
  2676. 2:10:46right
  2677. 2:11:06after uh we're looking at that
  2678. 2:11:08particular line how much was that amount
  2679. 2:11:13$10,995
  2680. 2:11:15127 and uh was ultimately uh Medicaid
  2681. 2:11:18paid back some amount of money yes is it
  2682. 2:11:21less than their actual Bill yes and so
  2683. 2:11:24that meant that there was some money
  2684. 2:11:25left over that should have gone to the
  2685. 2:11:27client is that correct correct did that
  2686. 2:11:28money actually go to the client no it
  2687. 2:11:30did not all right I'm going to flip
  2688. 2:11:32towards the end of this
  2689. 2:11:42exhibit and show you this check it's
  2690. 2:11:44actually the last page of the exhibit do
  2691. 2:11:46you recognize that yes that's the that's
  2692. 2:11:48the remaining funds that should have
  2693. 2:11:50been paid to Natasha after solving that
  2694. 2:11:53lean settling that leane and it was in
  2695. 2:11:55the amount of
  2696. 2:11:58$2,245 8 C and can you see the date on
  2697. 2:12:01that or see when it
  2698. 2:12:03cleared looks like it looks like it was
  2699. 2:12:05dated maybe 613 2012 or either 8 pardon
  2700. 2:12:10my eyes and it cleared the bank on 829
  2701. 2:12:142012 right you recognize the signature
  2702. 2:12:16on that check ell Murdock all right and
  2703. 2:12:19uh where did those funds
  2704. 2:12:21those went again were converted at Peta
  2705. 2:12:24State Bank into things that benefited
  2706. 2:12:27him personally such as loan payoffs
  2707. 2:12:30money to them okay did you ultimately
  2708. 2:12:33have to account to the client for that
  2709. 2:12:34money we did and why' you have to do
  2710. 2:12:37that because elec Murdoch stole it and
  2711. 2:12:40looking through these uh documents that
  2712. 2:12:42are attached here what what are these
  2713. 2:12:44documents as I slowly flip through them
  2714. 2:12:46that's where the money went so there was
  2715. 2:12:48payments made to Mr Charlie lefit there
  2716. 2:12:50were boat payments
  2717. 2:12:53paid there was payments back to a loan
  2718. 2:12:56from a
  2719. 2:12:57conservatorship is that a different case
  2720. 2:12:59that the firm had that is and who was a
  2721. 2:13:01conservator on that case Russell Le and
  2722. 2:13:04what's the name of that particular
  2723. 2:13:05client pler and there were well there
  2724. 2:13:08were loans made from that Yes Loans to
  2725. 2:13:12who there were loans made from that to
  2726. 2:13:14Russell Le and El
  2727. 2:13:17Murdoch so money from this was used to
  2728. 2:13:19pay back some of that money yes
  2729. 2:13:32sir who signature is that on this
  2730. 2:13:35particular check uh number
  2731. 2:13:3729721 that's Russell Le
  2732. 2:13:41Fates and who is that cashier check made
  2733. 2:13:44out to Randolph Murdoch III
  2734. 2:13:53who was that cashier's check made out to
  2735. 2:13:55this is made out to um AR lefy as
  2736. 2:13:58conservator for Malik Williams who's
  2737. 2:14:01Malik Williams Malik Williams was
  2738. 2:14:03another client that Russell was a
  2739. 2:14:05conservator for that Russell loaned
  2740. 2:14:07money to elic out of that
  2741. 2:14:09conservatorship and this is a payment
  2742. 2:14:10back on that conservatorship loan when
  2743. 2:14:13you say conservatorship Russell was put
  2744. 2:14:15in charge of of dealing with uh C money
  2745. 2:14:19on their behalf yes
  2746. 2:14:21and he was loaning money to himself and
  2747. 2:14:23to
  2748. 2:14:24Alec he did out of pler I'm not sure
  2749. 2:14:26about Malik Williams but he loaned elec
  2750. 2:14:28money out of M Lake
  2751. 2:14:34waves and then money from some of these
  2752. 2:14:37misappropriations you've identified was
  2753. 2:14:39used to pay those loans back from the
  2754. 2:14:40conservator ship correct
  2755. 2:14:51all
  2756. 2:15:12right show you stage
  2757. 2:15:18333 you recognize this
  2758. 2:15:21this is a dispersement for Russell le as
  2759. 2:15:24conservator for Hakeem pikney right your
  2760. 2:15:28honor this time at offer States 333 in
  2761. 2:15:31a no additional objection you
  2762. 2:15:37admitted all right a little bit ago we
  2763. 2:15:39were looking at case of Natasha Thomas
  2764. 2:15:41is this case related to that one yes are
  2765. 2:15:44they they're both in the same accident
  2766. 2:15:46all right and um I'm going to show you
  2767. 2:15:49uh the dispers sheet on this particular
  2768. 2:15:52one and again we have a recovery here is
  2769. 2:15:54that correct yes and right here we have
  2770. 2:15:57legal fees is that correct correct and
  2771. 2:16:00how much were the legal fees for this
  2772. 2:16:03particular one for this one there was
  2773. 2:16:06$4,980 that would have been credited at
  2774. 2:16:08El that were payable to pmpd and we also
  2775. 2:16:12paid Russell the fee a $60,000
  2776. 2:16:14conservator fee so out of this
  2777. 2:16:17particular one there were legit fees
  2778. 2:16:18earned by of of how much again almost
  2779. 2:16:21$4.1 million
  2780. 2:16:24$498,000 and credited to who ell
  2781. 2:16:30Murdoch on top of that though we scroll
  2782. 2:16:33down and we have this entry right here
  2783. 2:16:35what does that say Peta State Bank
  2784. 2:16:38$39,586
  2785. 2:16:4146 all right where did that money go
  2786. 2:16:44again that went payable to palmeta State
  2787. 2:16:46Bank and it was used with the other
  2788. 2:16:49money from Natasha Thomas to pay off
  2789. 2:16:51loans and for conservatorships and loans
  2790. 2:16:55that he had made personally so for ellex
  2791. 2:16:57personal benefit all right and right
  2792. 2:17:00there do you recognize those signatures
  2793. 2:17:02yes I do whose signature is that Russell
  2794. 2:17:05Le whose signature is that El
  2795. 2:17:08Murdoch right here what is this the
  2796. 2:17:10third page of the exhibit this is the
  2797. 2:17:12check payable to Peta State Bank for
  2798. 2:17:169,581 46 on the behalf of AEM pikney
  2799. 2:17:20settlement and did you have to account
  2800. 2:17:22for that with the client we did and why
  2801. 2:17:24did you have to do that because ellex
  2802. 2:17:26stole that money as
  2803. 2:17:28well as we go through this exhibit are
  2804. 2:17:30these some of the various documents yes
  2805. 2:17:33tell tell the court and the jury what
  2806. 2:17:35these are please uh that would be a loan
  2807. 2:17:37payment on a boat loan that elec held
  2808. 2:17:39personally with the
  2809. 2:17:42bank again another loan payment for that
  2810. 2:17:45same Murdoch Charter Bank
  2811. 2:17:47Loan uh check payable back to Mr Charles
  2812. 2:17:51LEF for a personal loan we don't have to
  2813. 2:17:54go through everyone but that's generally
  2814. 2:17:55these are the expenditures you've
  2815. 2:17:56identified as personal for Al
  2816. 2:18:13yes all right
  2817. 2:18:34couple more I know we've been going for
  2818. 2:18:36a long
  2819. 2:18:37time you had mentioned that uh that one
  2820. 2:18:41instance in which there was the loan
  2821. 2:18:43payment that should have gone to Randy
  2822. 2:18:44Murdoch that instead went to the
  2823. 2:18:45defendant correct that's right and
  2824. 2:18:47ultimately that happened twice and or
  2825. 2:18:50and then it was detected but he paid it
  2826. 2:18:51back is that right that's right and the
  2827. 2:18:55matter kind of went away is that right
  2828. 2:18:56that's right were there other instances
  2829. 2:18:58in which uh El Murdoch used the firm
  2830. 2:19:01credit card for expenditures that were
  2831. 2:19:03not business related he did and in those
  2832. 2:19:05instances what did happen in the
  2833. 2:19:07instances that he used it for personal
  2834. 2:19:09we would deduct it from his annual bonus
  2835. 2:19:12at the end of the year need to pay it
  2836. 2:19:13back he pay it back and the matter would
  2837. 2:19:15be forgotten is that correct
  2838. 2:19:18yes when those things were happening
  2839. 2:19:22at the law firm were yall aware of all
  2840. 2:19:24of this
  2841. 2:19:32no
  2842. 2:19:41and stand by for me real quick
  2843. 2:19:45[Music]
  2844. 2:20:15all right sorry about that just real
  2845. 2:20:19quick when y'all allowed Al to pay back
  2846. 2:20:22the money in those sort of smaller
  2847. 2:20:24instances were you aware of all of this
  2848. 2:20:25no
  2849. 2:20:28sir when you or your staff received
  2850. 2:20:32these dispersement funds from Alec and
  2851. 2:20:34his staff did they cut them in the
  2852. 2:20:36manner in which they were instructed yes
  2853. 2:20:39and why did they do that because they
  2854. 2:20:41trusted him and in the majority of those
  2855. 2:20:43instances that involved client money
  2856. 2:20:45that Alec Muro also received substantial
  2857. 2:20:48legal fees in each one of those cases
  2858. 2:20:50yes
  2859. 2:20:51and in each one of those cases in which
  2860. 2:20:53that happened at least on the ones we've
  2861. 2:20:55gone through according to your review
  2862. 2:20:57did he also uh misappropriate
  2863. 2:20:59substantial money on top of that yes how
  2864. 2:21:01long have you known Alec Murdoch since I
  2865. 2:21:03was 16 so about 50 40 years worked with
  2866. 2:21:08him closely for how long 22 23 years did
  2867. 2:21:12you really know Alec Murdoch I don't
  2868. 2:21:13think I ever really knew them I don't
  2869. 2:21:15think anybody knows them thank you
  2870. 2:21:17nothing further
  2871. 2:21:24so stand for a
  2872. 2:21:25moment cross examination thank you your
  2873. 2:21:28honor
  2874. 2:21:34um your honor could we renew our request
  2875. 2:21:37for limiting instruction we went a half
  2876. 2:21:39a day um hearing all these Financial
  2877. 2:21:42misdeeds and and I'm don't want the jury
  2878. 2:21:45to be lost on what the purpose is
  2879. 2:21:52any comment Mr
  2880. 2:21:56Waters uh ladies and gentlemen I gave
  2881. 2:21:59this limiting instruction yesterday and
  2882. 2:22:01I will repeat it that this evidence of
  2883. 2:22:05these um Financial crimes and other
  2884. 2:22:08crimes uh that you're now having
  2885. 2:22:13receiving testimony on
  2886. 2:22:14it
  2887. 2:22:16um it's regarding the contention that
  2888. 2:22:21the defendant was involved in other
  2889. 2:22:23criminal
  2890. 2:22:25activity uh that is not evidence or
  2891. 2:22:28proof uh of the offenses charged in the
  2892. 2:22:31indictment those charges being for
  2893. 2:22:34murder two counts and possession of a
  2894. 2:22:37weapon during the commission of a crime
  2895. 2:22:39two counts this testimony is being
  2896. 2:22:42allowed for The Limited purpose and
  2897. 2:22:45assisting the state improving motive
  2898. 2:22:50you may not consider it for purposes of
  2899. 2:22:55character of Mr murall nor may you uh
  2900. 2:22:58considered as evidence that he has the
  2901. 2:23:01propensity to commit other crimes or
  2902. 2:23:05that is more likely that he committed
  2903. 2:23:07the crimes with which he is currently
  2904. 2:23:10charged it's being
  2905. 2:23:12allowed based on the
  2906. 2:23:14state's
  2907. 2:23:16representation that it helps explain the
  2908. 2:23:19defendant's motive
  2909. 2:23:21for which he is
  2910. 2:23:23accused and you may
  2911. 2:23:26proceed thank you your
  2912. 2:23:29honor good afternoon
  2913. 2:23:32hi U you have
  2914. 2:23:35U show you exhibit
  2915. 2:23:383:14 just put that up you can do it for
  2916. 2:23:41me
  2917. 2:23:42Doug this is
  2918. 2:23:45um a summary
  2919. 2:23:48of was a a listing
  2920. 2:23:51of clients of the firm
  2921. 2:23:54who the law firm had to reimburse
  2922. 2:23:58because of Alex's misconduct is that
  2923. 2:24:01correct that's correct okay now you have
  2924. 2:24:04been the law firm has been working with
  2925. 2:24:08various law enforcement
  2926. 2:24:10agencies since September of 2021 I
  2927. 2:24:14suspect um sharing all of this
  2928. 2:24:16information yes and and with regard to
  2929. 2:24:21exhibit 314 it would appear that the law
  2930. 2:24:25firm just for all of these
  2931. 2:24:29um um clients have paid out
  2932. 2:24:33over
  2933. 2:24:352 $8 million is that right that's right
  2934. 2:24:39and and in a real way the law firm is a
  2935. 2:24:43victim of of this conduct correct and um
  2936. 2:24:49and as
  2937. 2:24:51and and for each one of these client
  2938. 2:24:55transactions that the law firm had had
  2939. 2:24:58to
  2940. 2:24:59repay mean you're you're aware that Alec
  2941. 2:25:03has pending criminal charges for every
  2942. 2:25:05single one of them I'm aware of that
  2943. 2:25:07okay and the same with the paleta State
  2944. 2:25:11Bank matters that that you talked about
  2945. 2:25:15correct he has pending criminal charges
  2946. 2:25:17for every single one of them yes and and
  2947. 2:25:20we're not here today to try those
  2948. 2:25:22charges on the financial crimes we're
  2949. 2:25:24here you understand you're testifying
  2950. 2:25:28because he's been charged with the
  2951. 2:25:29murder of his wife Maggie and his son
  2952. 2:25:32Paul
  2953. 2:25:35okay and they were murdered on June 7th
  2954. 2:25:392021 correct yes
  2955. 2:25:41sir now some of these it looks like
  2956. 2:25:46according to um your
  2957. 2:25:48testimony that
  2958. 2:25:51this misconduct has been going on since
  2959. 2:25:54as early as 2011 unfortunately when we
  2960. 2:25:58found that out right so
  2961. 2:26:01some 10 years before the murders of
  2962. 2:26:04Maggie and Paul correct that's correct
  2963. 2:26:06he managed to fool a lot of people
  2964. 2:26:08myself included
  2965. 2:26:11understand and I understand you have the
  2966. 2:26:13right to be very hurt and angry about
  2967. 2:26:15that and and are you hurt and angry
  2968. 2:26:17about that oh yes I take it very person
  2969. 2:26:20Al haunts me that I let this or that
  2970. 2:26:24this happened you feel like it happened
  2971. 2:26:26on your watch and I think anybody feel
  2972. 2:26:28normal feeling like that a big betrayal
  2973. 2:26:31of
  2974. 2:26:32trust and Miss second
  2975. 2:26:36J when I'm asking you these questions
  2976. 2:26:39I'm not in any way um diminishing your
  2977. 2:26:43feelings and your anger um I'm just
  2978. 2:26:46trying to flush out how these relate to
  2979. 2:26:50the murder of Maggie and Paul I
  2980. 2:26:52understand that okay thank
  2981. 2:26:54you but it would appear that this has
  2982. 2:26:56been going on for years and years and
  2983. 2:27:00years unfortunately yes it appears and
  2984. 2:27:03it has cost a law
  2985. 2:27:05firm in
  2986. 2:27:082021 and
  2987. 2:27:10still you know over four I me five
  2988. 2:27:14million dollars we paid out that's
  2989. 2:27:15correct and and when we're talking about
  2990. 2:27:17the law firm I mean we're really talking
  2991. 2:27:19about lawyers in The Firm his brother
  2992. 2:27:22Randy correct that's right um Johnny
  2993. 2:27:25Parker who's now the firm's named after
  2994. 2:27:28right Ronnie Crosby right Lee c correct
  2995. 2:27:31Mark Ball correct and and others that
  2996. 2:27:34have come out of their pocket to
  2997. 2:27:36reimburse clients yes they did
  2998. 2:27:50now the the the
  2999. 2:27:54forge well let let me let me let me
  3000. 2:27:57strike
  3001. 2:27:59that on June
  3002. 2:28:037th 2021 the day Maggie and Paul were
  3003. 2:28:09murdered you went to Alex's office
  3004. 2:28:13sometime in the early afternoon or
  3005. 2:28:15midafternoon
  3006. 2:28:16and and to try to get to the bottom of
  3007. 2:28:20where's the fee that Chris Wilson's
  3008. 2:28:24office says they wrote to you for the
  3009. 2:28:27feris case correct right and he looked
  3010. 2:28:30at you and he said what do you want now
  3011. 2:28:33right yes he did when I was coming up
  3012. 2:28:35the steps and you said I wouldn't be
  3013. 2:28:37doing my job if I wasn't up here asking
  3014. 2:28:39you about this that's correct and and I
  3015. 2:28:41think you said he kind of had a angry
  3016. 2:28:44look ini when I walked up the steps he
  3017. 2:28:47gave me a very disgusted look said what
  3018. 2:28:49do you need
  3019. 2:28:50now but then once you got in his office
  3020. 2:28:53his demeanor changed and did and he
  3021. 2:28:55assured you that the the
  3022. 2:28:58check was the funds were still in Chris
  3023. 2:29:01Wilson's trust account right he did and
  3024. 2:29:05um as
  3025. 2:29:10we and as sort of fast forward and
  3026. 2:29:14September the 3D I believe it was
  3027. 2:29:172021 um Annette geswall from your firm
  3028. 2:29:22found a cancel check written from elec
  3029. 2:29:25from excuse me Chris Wilson's Law Firm
  3030. 2:29:27directly to ell Murdoch right yes sir
  3031. 2:29:33okay and that check wasn't written a
  3032. 2:29:36Ford's Consulting no it was written to
  3033. 2:29:38Richard Alexander Murdoch
  3034. 2:29:40Esquire and of all of these um papers
  3035. 2:29:45that that you have
  3036. 2:29:47been have been introduced in part of
  3037. 2:29:50your
  3038. 2:29:51investigation that's that's the only
  3039. 2:29:55time that at least in these documents
  3040. 2:29:58that that you brought the court where
  3041. 2:30:00Alec has gotten a check directly
  3042. 2:30:03personally from another law firm and it
  3043. 2:30:06didn't go to the to pmed right we
  3044. 2:30:10discovered during the investigation that
  3045. 2:30:12there had been another time that that
  3046. 2:30:13had happened but that was not discovered
  3047. 2:30:16by myself okay and that was with Chris
  3048. 2:30:19will firm also yes
  3049. 2:30:24okay but all of the other stuff that you
  3050. 2:30:28brought here and talked about since 9:30
  3051. 2:30:31or so this
  3052. 2:30:33morning involved this fake Forge account
  3053. 2:30:36right correct and then there's some
  3054. 2:30:40stuff
  3055. 2:30:41involving um Palo State Bank Going Back
  3056. 2:30:452010 2011 12 13 early on correct
  3057. 2:30:50um with regard
  3058. 2:30:53to the
  3059. 2:30:57um the events of June the 7th when you
  3060. 2:31:02went and talked to elec and you were
  3061. 2:31:05asking him about where's the fee money
  3062. 2:31:08um you had previously spoken to I guess
  3063. 2:31:13Lee cope or someone in The Firm Lee
  3064. 2:31:16hope and um and and wasn't the concern
  3065. 2:31:20at the
  3066. 2:31:21time that that Alec was trying to
  3067. 2:31:26Shield income from disclosure in the in
  3068. 2:31:30the
  3069. 2:31:32lawsuit that where he was a
  3070. 2:31:34defendant uh that where he was being
  3071. 2:31:36sued following the boting crash where
  3072. 2:31:40mallerie Beach lost her life tragedy yes
  3073. 2:31:42at that point we thought he was trying
  3074. 2:31:44to shelter money or move money into his
  3075. 2:31:46wife's name or reduce his income for the
  3076. 2:31:49Year by nine claiming tax by not
  3077. 2:31:51colliding a fe right and it and it
  3078. 2:31:54really and and one of the reasons you
  3079. 2:31:56thought that is
  3080. 2:31:58because you had talked to him about what
  3081. 2:32:01looked to be an odd way to structure an
  3082. 2:32:03attorney's fee with the herburger case
  3083. 2:32:06correct and he explained that he didn't
  3084. 2:32:09care about the tax consequences he was
  3085. 2:32:11just trying to get money in the Maggie's
  3086. 2:32:14name and not his name because of the
  3087. 2:32:16boating accident that's correct and and
  3088. 2:32:19that was the
  3089. 2:32:22the concern and alarm within the firm is
  3090. 2:32:25that we're not going to participate in
  3091. 2:32:27any way to Shield High income from civil
  3092. 2:32:33disclosure in a court proceeding that's
  3093. 2:32:37correct cuz
  3094. 2:32:39that goes against the the ethics and
  3095. 2:32:43standards of the law firm and lawyers in
  3096. 2:32:45that firm that's correct and no one at
  3097. 2:32:48the time was thinking that was stealing
  3098. 2:32:50money from The Firm
  3099. 2:32:54right I had my suspicions on whether it
  3100. 2:32:56was really in there but we were not
  3101. 2:32:59pursuing it as stolen money
  3102. 2:33:01okay and um and and you had seen that
  3103. 2:33:05and I think it was May of 2021 or May
  3104. 2:33:0812th or something um that a dispersement
  3105. 2:33:11sheet where attorneys fees went to forge
  3106. 2:33:15on the herburger settlement correct now
  3107. 2:33:17it's not the first time the lawyer
  3108. 2:33:20well lawyers in The Firm have previously
  3109. 2:33:23structured attorney's fees in big
  3110. 2:33:26settlement cases haven't they once one
  3111. 2:33:29time and and the way that works
  3112. 2:33:32is the the money goes from the defendent
  3113. 2:33:36insurance company or defendant company
  3114. 2:33:38or
  3115. 2:33:39or the source of payment it goes not to
  3116. 2:33:42the fall firm and then to the lawyer it
  3117. 2:33:45goes to some Financial entity whether
  3118. 2:33:48it's insurance company or
  3119. 2:33:50something and then that money is then
  3120. 2:33:52paid out in annuity over the years to
  3121. 2:33:55the lawyer that would be the correct way
  3122. 2:33:57and that's and you delay taxes by not
  3123. 2:34:00taking the money right correct and
  3124. 2:34:03that's that's how it was done in the
  3125. 2:34:04past correct the one time it was done
  3126. 2:34:07right
  3127. 2:34:08okay and and your your concern here
  3128. 2:34:13was that's not how you do it because it
  3129. 2:34:15looked like the money came into the firm
  3130. 2:34:17and then it was written out to forge
  3131. 2:34:20for structure of a payment according to
  3132. 2:34:23alen correct it would not have been the
  3133. 2:34:26way it came in it would not have been
  3134. 2:34:27credited to his account it would have
  3135. 2:34:29just looked like it was going out as an
  3136. 2:34:31item so it would not have been accounted
  3137. 2:34:32for correctly right and he also did not
  3138. 2:34:36discuss it with anybody in The Firm or
  3139. 2:34:38have permission to do
  3140. 2:34:40that and and and the one time that that
  3141. 2:34:43it happened
  3142. 2:34:44previously I don't know what the amount
  3143. 2:34:46of the fee was but but the point of the
  3144. 2:34:48matter is that never came into the firm
  3145. 2:34:51but all the partners knew about it you
  3146. 2:34:53knew about it and you were able
  3147. 2:34:55to include it in your calculations yes
  3148. 2:34:59including the 7 and half% that the
  3149. 2:35:02lawyer is responsible for paying into
  3150. 2:35:05the I guess to the to the kitty
  3151. 2:35:08distribution fund or whatever it is yes
  3152. 2:35:11that's sort of a Le leveling account
  3153. 2:35:13that helps lawyers who haven't had a
  3154. 2:35:16good year brings them up and you know
  3155. 2:35:19just sort of Smooths out kind of Smooths
  3156. 2:35:21out overhead the different offices
  3157. 2:35:23having different
  3158. 2:35:26costume but when when Alec had given you
  3159. 2:35:29that explanation and you
  3160. 2:35:32said there's no that's not proper you're
  3161. 2:35:35going to get taxed and he said that
  3162. 2:35:38um I don't
  3163. 2:35:40care you know I'm trying to get money in
  3164. 2:35:42Maggie's name help Michael gun out I
  3165. 2:35:46mean
  3166. 2:35:46that you never talk to Alec about about
  3167. 2:35:49the herburger fee again did
  3168. 2:35:53you not to my recollection not since
  3169. 2:35:56after the murders happen we did not
  3170. 2:35:58discuss any of
  3171. 2:36:03that the
  3172. 2:36:07um and we and and the Chris Wilson issue
  3173. 2:36:11was there's a settlement in the feris v
  3174. 2:36:14ma truck case uh the law firm receives
  3175. 2:36:17an expense check to re The Firm for the
  3176. 2:36:20expenses but where's the fee where's the
  3177. 2:36:23fee and that's what started the
  3178. 2:36:25questions being asked that's right
  3179. 2:36:27okay and and you went in on June
  3180. 2:36:327th to ask Alec about
  3181. 2:36:36that you know you got to show me proof
  3182. 2:36:39If in his trust account is that right
  3183. 2:36:41right I had I told him we had reason to
  3184. 2:36:43believe that he had received the money
  3185. 2:36:45and I needed to proof that he had not
  3186. 2:36:48and and and during that meeting he
  3187. 2:36:51received a
  3188. 2:36:52call that his father was being put back
  3189. 2:36:55in the hospital or was in the hospital
  3190. 2:36:58and was terminal that they
  3191. 2:37:00had decided that there was nothing else
  3192. 2:37:03they could do for him and he'd be
  3193. 2:37:04terminal and you took off your CPA hat
  3194. 2:37:08and your CFO hat and
  3195. 2:37:11you befriended him correct because you
  3196. 2:37:16knew how close he was to his father is
  3197. 2:37:18that right I do and you know um and this
  3198. 2:37:22father had was a well-known lawyer and
  3199. 2:37:27it was a legacy name in that law firm
  3200. 2:37:30that didn't really mean anything to me
  3201. 2:37:32i' just known him since I was 15 16
  3202. 2:37:35years old I didn't think of him in terms
  3203. 2:37:37of of that I thought of him in terms of
  3204. 2:37:40a friend and my friend's father right
  3205. 2:37:43and the Alex was close to his father
  3206. 2:37:46Yes and his mother as far as I know
  3207. 2:37:50and his family he he was close to his
  3208. 2:37:52family as far as I know I had not spent
  3209. 2:37:54any time with him around his family in
  3210. 2:37:56over 17 years okay um but but after you
  3211. 2:38:03learn that his father was going back in
  3212. 2:38:05the hospital or was in the hospital and
  3213. 2:38:07was terminal well just fast forward this
  3214. 2:38:10was the 7th of June correct yeah the
  3215. 2:38:13Monday the 7th yeah and on the
  3216. 2:38:1610th uh Mr Murdoch died did he not I
  3217. 2:38:21believe that was the date yes okay just
  3218. 2:38:22a few days after this he
  3219. 2:38:24died of natural causes
  3220. 2:38:29yes and so when you learned on the 7th
  3221. 2:38:32that his father was terminal or going
  3222. 2:38:34back in the
  3223. 2:38:35hospital um you became his friend and
  3224. 2:38:39you you didn't continue your
  3225. 2:38:41inquiry
  3226. 2:38:43um anym that day cor no because I had
  3227. 2:38:46told him what I needed and he knew what
  3228. 2:38:48I was expecting to get back and I was
  3229. 2:38:50under the impression he was leaving to
  3230. 2:38:52go care for his father and um in our
  3231. 2:38:54firm we're very family oriented and
  3232. 2:38:56anytime there's an emergency or
  3233. 2:38:58something we need to do we Grant the
  3234. 2:39:01person the time off and I made the
  3235. 2:39:03Assumption he was going to go take care
  3236. 2:39:05of that right and then
  3237. 2:39:09um then you learn that night that Maggie
  3238. 2:39:15and Paul were murdered right
  3239. 2:39:21what was
  3240. 2:39:24your I think you said um in your
  3241. 2:39:27testimony that your initial reaction you
  3242. 2:39:28were scared you were
  3243. 2:39:31afraid what were you scared
  3244. 2:39:33of well when this happened there was a
  3245. 2:39:36lot of rumors rolling around um nothing
  3246. 2:39:39this violent had ever happened we didn't
  3247. 2:39:42know who had gone after his family if
  3248. 2:39:46somebody was going to come after him if
  3249. 2:39:48somebody was going to come to office and
  3250. 2:39:50come after him there was just a lot of
  3251. 2:39:51diss settlement in the office um and
  3252. 2:39:56constantly having to employees were
  3253. 2:40:00scared but your mind didn't go
  3254. 2:40:05to gosh I bet he killed his wife and son
  3255. 2:40:08because I asked him about the ferris
  3256. 2:40:10feed right no
  3257. 2:40:20then after that you you didn't continue
  3258. 2:40:24investigating the feris fee you you you
  3259. 2:40:27let Lee cope deal directly with Chris
  3260. 2:40:30Wilson Lee cope advised me that he would
  3261. 2:40:32take over
  3262. 2:40:35okay but the inquiry and the ferris fee
  3263. 2:40:38didn't stop because Maggie and Paul were
  3264. 2:40:39murdered did
  3265. 2:40:41it it did as far as talking to
  3266. 2:40:45Alec well I mean Alec told you what he
  3267. 2:40:48told you and then the inquiry was is he
  3268. 2:40:51telling the truth and let's deal
  3269. 2:40:53directly with Chris Wilson right
  3270. 2:40:55correct so the inquiry didn't
  3271. 2:40:59stop with Maggie and Paul's murder did
  3272. 2:41:01it it stopped for a period of
  3273. 2:41:03Time how long couple weeks couple of
  3274. 2:41:11weeks maybe a
  3275. 2:41:13month maybe a
  3276. 2:41:16month the death of his wife and son
  3277. 2:41:20guiding 30 days reprieve on your
  3278. 2:41:23investigation into the ferris matter is
  3279. 2:41:25that is that what happened well it did
  3280. 2:41:28and then we received a word from Chris
  3281. 2:41:30at that point we still did not receive
  3282. 2:41:32the documentation so it did delay
  3283. 2:41:34receiving the
  3284. 2:41:38documentation now let's be
  3285. 2:41:41clear when you're looking into the
  3286. 2:41:43fair's matter and you go in on June
  3287. 2:41:477th it wasn't reported to you by Maggie
  3288. 2:41:49Murdoch that hey I think Alex's stealing
  3289. 2:41:52money you didn't have any conversation
  3290. 2:41:54with Maggie about that did I never have
  3291. 2:41:55conversations with
  3292. 2:41:57Maggie or Paul he wasn't involved in any
  3293. 2:42:00way with the feris fee to your knowledge
  3294. 2:42:02was I've never had a conversation with
  3295. 2:42:09Paul and then you go
  3296. 2:42:13um I mean Lee cop's dealing with Chris
  3297. 2:42:16Wilson's office and then turns out
  3298. 2:42:22um turns out that
  3299. 2:42:25um Chris Wilson sends an email to Alec
  3300. 2:42:29saying the money's on my trust account
  3301. 2:42:30and Alec forwards it on to you and Lee
  3302. 2:42:33coat that
  3303. 2:42:34correct and and once that happened there
  3304. 2:42:37there was no rush to grab the money out
  3305. 2:42:40of Chris Wilson's trust account was
  3306. 2:42:43there in July of 2021 we did not make
  3307. 2:42:46the rush at that point because we had
  3308. 2:42:47enough operating mounting and we were
  3309. 2:42:50going to come back to it typically the
  3310. 2:42:51attorney dealing with that case would
  3311. 2:42:53handle it and ell was not in the office
  3312. 2:42:55very much okay so money had the firm had
  3313. 2:42:59plenty of money to operate and you just
  3314. 2:43:01needed to get the money in to the firm
  3315. 2:43:03by the end of the year when you did the
  3316. 2:43:04bonuses is that pretty much how things
  3317. 2:43:06were being looked at in June July of
  3318. 2:43:082021 I don't know that we would have
  3319. 2:43:10waited till December but we just were
  3320. 2:43:12not doing it at that point in that
  3321. 2:43:14summer it was
  3322. 2:43:15actually um just an irregular summer but
  3323. 2:43:19personally and professionally keeping up
  3324. 2:43:20with other
  3325. 2:43:22obligations in time frame to get
  3326. 2:43:25it and and so in September
  3327. 2:43:28of 2021 you doing your CFO
  3328. 2:43:33job um you decide
  3329. 2:43:37to and you have this herburger thing you
  3330. 2:43:40know on your desk or I mean you said it
  3331. 2:43:43was on your desk was it on desktop or
  3332. 2:43:44just had a sheet of paper well it's kind
  3333. 2:43:46of where my important stuff is that I
  3334. 2:43:49need to get back to so it's sitting
  3335. 2:43:50right under a monitor right in front of
  3336. 2:43:52my
  3337. 2:43:53face and and you
  3338. 2:43:55um you talked about you had a number of
  3339. 2:43:58commitments and and it's personal issues
  3340. 2:44:01I think you said I don't want to know
  3341. 2:44:03about your personal issues but what I do
  3342. 2:44:05want to establish
  3343. 2:44:07is Maggie and Paul's murder did not
  3344. 2:44:10cause you to delay and following up on
  3345. 2:44:13the herburger matter did
  3346. 2:44:17it in some ways yes because it the the
  3347. 2:44:21shock of it and the delay and the things
  3348. 2:44:23going around the office did but but the
  3349. 2:44:27true delay came in me finding the time
  3350. 2:44:29to do it yeah you had a lot of other
  3351. 2:44:32things going on
  3352. 2:44:36yes and and what you decided to do is to
  3353. 2:44:40see if there were some
  3354. 2:44:43other kind of structured fees that Alec
  3355. 2:44:46had done in in 2021 one to um to sort of
  3356. 2:44:52like you did the herburger case cuz you
  3357. 2:44:54needed to know what his gross
  3358. 2:44:57collections were and how much he owed to
  3359. 2:44:59the firm and that's why you looked in
  3360. 2:45:02September 2021 right correct and I'm
  3361. 2:45:05also still suspicious you know in my own
  3362. 2:45:08mind I wanted to make sure that he had
  3363. 2:45:09accounted for everything and that we had
  3364. 2:45:11indeed collected everything
  3365. 2:45:14right and um and so you ran a report
  3366. 2:45:19at the law firm
  3367. 2:45:23of clients
  3368. 2:45:26with settlements I mean tell us what you
  3369. 2:45:30did well I started running a report of
  3370. 2:45:33all the fees that he had collected and
  3371. 2:45:35started looking through those
  3372. 2:45:36dispersements and then it came to me
  3373. 2:45:38that I could probably shortcut this a
  3374. 2:45:40little just by printing off payments to
  3375. 2:45:43forge and then I started focusing on
  3376. 2:45:46those first and that's when I found the
  3377. 2:45:48check and the information that I found
  3378. 2:45:52and that
  3379. 2:45:54um well let's do you remember about what
  3380. 2:45:59his fee collections were about September
  3381. 2:46:02of
  3382. 2:46:032021 I've got so many numbers in my head
  3383. 2:46:06but they were they were over a million
  3384. 2:46:08probably between a million and two
  3385. 2:46:10million two to three million they a
  3386. 2:46:12million to two million oh million to two
  3387. 2:46:14million of fee income that he had
  3388. 2:46:17collected correct when you run this
  3389. 2:46:20report and did that include or not
  3390. 2:46:24include the 792 on the feris case it did
  3391. 2:46:27not so if you had the feris case it
  3392. 2:46:30could have been over 2 million I guess I
  3393. 2:46:33can't swear to what his number was I
  3394. 2:46:34look at numbers all day long but that's
  3395. 2:46:36the recollection of the range he would
  3396. 2:46:38have been
  3397. 2:46:39in and and after this
  3398. 2:46:43um after you've learn about this fake
  3399. 2:46:46Forge account ell
  3400. 2:46:49didn't and he he was forced to resign
  3401. 2:46:52from The Firm that that's correct the
  3402. 2:46:54day of the next day right the next
  3403. 2:46:57day and so that money that came into the
  3404. 2:46:59firm was used by The Firm to pay
  3405. 2:47:03off some of these victims right we have
  3406. 2:47:06done some of that
  3407. 2:47:11yes now the
  3408. 2:47:15um the discovery of the fake Forge
  3409. 2:47:20account when you were sort of when you
  3410. 2:47:23ran the report on Forge that shocked you
  3411. 2:47:26didn't it
  3412. 2:47:29yes that information had been in the
  3413. 2:47:33systems of the law
  3414. 2:47:36firm going back I guess to 2015 when
  3415. 2:47:39that fake Forge account was first opened
  3416. 2:47:42I don't know when I don't think it was
  3417. 2:47:44open that far back but I had no reason
  3418. 2:47:47to suspect anything was going on we had
  3419. 2:47:50no clients complaining about money
  3420. 2:47:52missing trusted him we had no reason to
  3421. 2:47:56look right V A lot of people like I said
  3422. 2:48:00myself and US
  3423. 2:48:03included and and and that's a that's a
  3424. 2:48:05good point there clients
  3425. 2:48:08weren't calling up complaining around
  3426. 2:48:10June 7th that hey y'all need to be
  3427. 2:48:13looking at Alec because you know
  3428. 2:48:16something's a miss here that wasn't
  3429. 2:48:17happening around June was it no and
  3430. 2:48:20shamefully when we did talk to the
  3431. 2:48:21clients they talked about how much they
  3432. 2:48:23trusted El and how much he thought of
  3433. 2:48:25them and how that they were shocked and
  3434. 2:48:27confused by the fact that he had
  3435. 2:48:29manipulated him and Confused them all
  3436. 2:48:31these
  3437. 2:48:33years so it sounds to me like on June
  3438. 2:48:367th you you didn't observe some pressure
  3439. 2:48:38cooker going off within the firm as to
  3440. 2:48:41how Alec was handling his business I
  3441. 2:48:43don't know about anybody else's pressure
  3442. 2:48:45cooker I know I was putting pressure on
  3443. 2:48:47him to get the answers for the fairis
  3444. 2:48:49space and and it was
  3445. 2:48:53a it it was a Brotherhood of lawyers
  3446. 2:48:57that in the past if they've caught
  3447. 2:48:59with getting more than what they were
  3448. 2:49:01entitled to they pay it back and you let
  3449. 2:49:03bygones be bygones that's how it's
  3450. 2:49:05operated in the past right on trust yes
  3451. 2:49:09right
  3452. 2:49:20now the so you you ran a report on
  3453. 2:49:24information
  3454. 2:49:25that had had been in the systems for
  3455. 2:49:28years that correct correct and
  3456. 2:49:31the tragic murders of Maggie and Paul
  3457. 2:49:34didn't didn't do anything to affect what
  3458. 2:49:37was in your
  3459. 2:49:39systems
  3460. 2:49:45right and you just started looking
  3461. 2:49:47because you had
  3462. 2:49:50um had a conversation with Alec back in
  3463. 2:49:54May about the herburger fee going to
  3464. 2:49:57forge not an appropriate structural
  3465. 2:50:00structured
  3466. 2:50:01Manner and um that was in early May and
  3467. 2:50:04you never had another conversation with
  3468. 2:50:06him about that right well May and June
  3469. 2:50:09in between it was late May and June the
  3470. 2:50:12conversations about both were kind of in
  3471. 2:50:14tandem because every time we would talk
  3472. 2:50:16about H Ferris he would bring up I'm
  3473. 2:50:19going to structure fees but it never
  3474. 2:50:21specifically readdressed the fact that
  3475. 2:50:24herburger it did address the fact that
  3476. 2:50:26he should not be doing this again and
  3477. 2:50:28that if he should he needed to let
  3478. 2:50:30somebody know I believe ell meanwhile
  3479. 2:50:32was going around complaining to my
  3480. 2:50:34partners about why I was on his
  3481. 2:50:36case to his Partners
  3482. 2:50:39yes and the
  3483. 2:50:42um now just to be clear the the
  3484. 2:50:45fairest fee money was
  3485. 2:50:49I mean it didn't show up on any of these
  3486. 2:50:51reports and it was all paid into the law
  3487. 2:50:53firm was it not it was after after
  3488. 2:50:57sometime after
  3489. 2:51:06September so here you are on on
  3490. 2:51:08September the 3 and you are um running a
  3491. 2:51:13report you see a lot of Forge checks on
  3492. 2:51:17Alex client files and you start printing
  3493. 2:51:21off the checks that's correct that's
  3494. 2:51:23that's how you discovered it I mean it
  3495. 2:51:25was did
  3496. 2:51:28that Alex not only he's signing checks
  3497. 2:51:31to forge he's endorsing the checks and
  3498. 2:51:33putting them into the bank correct and
  3499. 2:51:35at the same day is when Anette found the
  3500. 2:51:37check on his office that had been
  3501. 2:51:39payable to him for the fairis fees yeah
  3502. 2:51:41I was going to get to that so it just I
  3503. 2:51:44mean that that was pure coincidence yes
  3504. 2:51:46that the timing of that pure
  3505. 2:51:53coincident and Alec as you understood
  3506. 2:51:56was confronted um that perhaps the next
  3507. 2:52:01day or that on Friday morning I believe
  3508. 2:52:03that was Friday the third so it was the
  3509. 2:52:06same day that that you I did mine on
  3510. 2:52:08Thursday the second so the second you
  3511. 2:52:11did your
  3512. 2:52:32now on the 7th in the afternoon
  3513. 2:52:36Alec called you and asked you what his
  3514. 2:52:40balance was and his Law Firm retirement
  3515. 2:52:43plan yes sir and he told you he was
  3516. 2:52:47working on the financial disclosure Ure
  3517. 2:52:49for the voting accident case yes and um
  3518. 2:52:53and and he had called you on other
  3519. 2:52:55occasions to get that balance because he
  3520. 2:52:57was filling out financial statements for
  3521. 2:52:59one thing or another right he had before
  3522. 2:53:01yes okay and
  3523. 2:53:05um and do you
  3524. 2:53:09know would you know he didn't have any
  3525. 2:53:11life insurance on mager Paul do you know
  3526. 2:53:14that I have no awareness of that
  3527. 2:53:40that's all the questions I have redirect
  3528. 2:53:42very briefly your
  3529. 2:53:47h you were asked some questions
  3530. 2:53:51about when you
  3531. 2:53:54uh had the conversation about the feris
  3532. 2:53:57fees and what was your concern then with
  3533. 2:54:00just the feris fees back at that point
  3534. 2:54:02in time on June 7th that he was trying
  3535. 2:54:05to shelter money from the boat wreck or
  3536. 2:54:07move assets out of his name or either
  3537. 2:54:09delay collecting fees so trying to hide
  3538. 2:54:12income from the boat r at that point in
  3539. 2:54:15time did you have any idea about any of
  3540. 2:54:17all of this I did not
  3541. 2:54:22you were
  3542. 2:54:23asked
  3543. 2:54:25about prior
  3544. 2:54:28instances in which there had been like
  3545. 2:54:31the the loan the double loan payment and
  3546. 2:54:33the credit cards and Alec paid that back
  3547. 2:54:35right that's right and he paid that back
  3548. 2:54:37and everything was forgotten is that
  3549. 2:54:39correct that's right you were asked
  3550. 2:54:41about whether or
  3551. 2:54:45not all of this was in your systems
  3552. 2:54:48that's correct and it was in your
  3553. 2:54:50systems wasn't it it was since 2011
  3554. 2:54:53correct that's right and he had gotten
  3555. 2:54:55away with it all that time he
  3556. 2:55:05did I believe you testified that on June
  3557. 2:55:08the 7th 2021 when you went in to talk to
  3558. 2:55:12Alec Murdoch that you had your
  3559. 2:55:14suspicions correct I did and you
  3560. 2:55:17demanded what what did you you demand I
  3561. 2:55:18demanded proof that the money was
  3562. 2:55:21actually in the account I wanted the
  3563. 2:55:22ledgers showing the transactions and did
  3564. 2:55:26you tell him what you believed did you
  3565. 2:55:27tell him why you wanted that proof I
  3566. 2:55:30told him I believed I had reason to
  3567. 2:55:32believe that he had received the fee
  3568. 2:55:34payable to
  3569. 2:55:40him you're asked a little bit about the
  3570. 2:55:43law firm and his father was in the law
  3571. 2:55:46firm or had been he had had been yes was
  3572. 2:55:49his grandfather in the law firm yes was
  3573. 2:55:51there a long history of of that family
  3574. 2:55:55name in this Law Firm yes is it the most
  3575. 2:55:58prominent law firm in in the area I
  3576. 2:56:00believe so yes a very prominent family
  3577. 2:56:03name
  3578. 2:56:09yes all this has been in your system
  3579. 2:56:11since 2011 yes
  3580. 2:56:25once the murders happened it didn't seem
  3581. 2:56:28right to be raising those issues with
  3582. 2:56:29the defendant then did it no it didn't I
  3583. 2:56:33leave the witness after the murders
  3584. 2:56:35happened did it seem right to you to
  3585. 2:56:37raise those issues to the defendant no
  3586. 2:56:39as I stated earlier we were concerned
  3587. 2:56:41about the welfare of el and the feelings
  3588. 2:56:43of himself um he was not at work when we
  3589. 2:56:48were trying to make sure that he was
  3590. 2:56:50emotionally okay and able to deal with
  3591. 2:56:52things before we pressured him about
  3592. 2:56:54anything and then just a few weeks later
  3593. 2:56:57is still in I mean just in July are you
  3594. 2:56:59still in shock from all of these murders
  3595. 2:57:01yes and did did ultimately you get an
  3596. 2:57:03email from Chris Wilson I did on July
  3597. 2:57:0619th and what did that email say Chris
  3598. 2:57:08said that he had the money in the trust
  3599. 2:57:10available to us he's got the money it's
  3600. 2:57:13no big deal correct correct
  3601. 2:57:21did you still though in the back of your
  3602. 2:57:22mind have some suspicions going back for
  3603. 2:57:24a while I had suspicions that I didn't
  3604. 2:57:27really believe that because I'd yet to
  3605. 2:57:29see The Ledger or the proof and it
  3606. 2:57:31seemed like there was no reason not to
  3607. 2:57:33send that to me if something wasn't
  3608. 2:57:35going on
  3609. 2:57:56when
  3610. 2:58:01ultimately you turn back to these issues
  3611. 2:58:04and that Chris Wilson check was
  3612. 2:58:12found did that result in the uncovering
  3613. 2:58:15of all of this it did did did that
  3614. 2:58:18result in him losing his job at the law
  3615. 2:58:21firm it did where his family name had
  3616. 2:58:24been a fixture there for decades correct
  3617. 2:58:27did that La result in him losing his
  3618. 2:58:30license to practice law it did and the
  3619. 2:58:33defense asked you that did that result
  3620. 2:58:35in him
  3621. 2:58:36facing a ton of criminal charges based
  3622. 2:58:39on all of that
  3623. 2:58:44yes all of that was on the cus of being
  3624. 2:58:46uncovered was it not
  3625. 2:58:49was that on the cust of being
  3626. 2:58:56uncovered any
  3627. 2:58:58further exam very briefly M sec
  3628. 2:59:04seconder I mean the finding the Chris
  3629. 2:59:07Wilson check was coincidental to your
  3630. 2:59:11work on the forge
  3631. 2:59:13account uh research
  3632. 2:59:16correct yes but as we uncovered the
  3633. 2:59:18forge we knew we had a problem
  3634. 2:59:21understand and it was the forge issue
  3635. 2:59:23that led to all of
  3636. 2:59:26this it would have eventually been the
  3637. 2:59:29issue if we' requested Chris Wilson
  3638. 2:59:32regrettably that we did not in July we
  3639. 2:59:34would not have received the money
  3640. 2:59:36because the money was not in there we
  3641. 2:59:37found that out later well we'll find out
  3642. 2:59:41about that but the so the Chris Wilson
  3643. 2:59:45issue is a oneoff compared to all these
  3644. 2:59:48other transactions that you brought here
  3645. 2:59:50today right that's right all right thank
  3646. 2:59:53you you may step down thank you

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