Witness says she confronted Alex Murdaugh about finances on day of killings: full video — Transcript
Full transcript
- 0:00my name is Jeanie seconder s e c k i n g
- 0:05r m seconder how you doing today I'm
- 0:08good awesome tell the jury a little bit
- 0:10about yourself uh if you could just kind
- 0:12of introduce yourself uh where' you grow
- 0:14up uh where'd you go to school um I grew
- 0:17up in Hampton South Carolina graduated
- 0:20from Wayne Hampton went to the
- 0:22University of South Carolina what I got
- 0:24my BS in accounting after that I worked
- 0:26a number of years in public accounting
- 0:29then I transferred into um as a
- 0:31financial analyst with Westinghouse in
- 0:34Hampton and after the birth of my second
- 0:37child I stayed home and worked for my
- 0:38husband just a few years and in 1999 I
- 0:41came to work with firm on a part-time
- 0:43basis doing some special projects and
- 0:46have not left and that job has grown
- 0:48since that time till I was over all the
- 0:51business aspects and financial aspects
- 0:53of the law firm all right which law firm
- 0:55are you talking about Peters Mur Parker
- 0:56El drop theer is that pmed that's
- 0:59correct is that uh what the firm is
- 1:01currently known or is it known by a
- 1:02different name um we are now a separate
- 1:05entity that we've reorganized as Parker
- 1:07Parker Parker Law Group LLP right and do
- 1:11you know the defendant Alec Murdoch over
- 1:12there I do do you see him in the
- 1:14courtroom I do can you identify him
- 1:16please he's in the blue jacket and white
- 1:18shirt sitting between Jim and
- 1:20Dick your honor record reflects she's
- 1:22identified the defendant does uh was he
- 1:25a partner in the law firm you're
- 1:26speaking of he was is he a partner
- 1:29anymore no no and we're going to talk
- 1:31about some of those things the reasons
- 1:33for that here today is that correct
- 1:34that's
- 1:36correct all right so I'm going call it
- 1:38pmed what we're talking about is that
- 1:40fair that's fair all right well tell me
- 1:42you talked a little bit about your role
- 1:44in P pmed what would you consider uh
- 1:47Your Role or how would you define Your
- 1:49Role particularly as we're moving into
- 1:50June of 2021 um at that point I would be
- 1:56CFO basically overall office management
- 1:58and all Financial aairs of the office um
- 2:01over hiring and firing HR just any like
- 2:04I said any business aspect of the firm
- 2:06so CFO that means what Chief Financial
- 2:08Officer and coo that means what Chief
- 2:11Operating Officer and so kind of combin
- 2:14those
- 2:15jobs uh are you a lawyer I am not are
- 2:18you an accountant I am do you have a CPA
- 2:21I
- 2:23do uh you said you started working for
- 2:25the firm when August of 99 and then when
- 2:28did uh was that working there at that
- 2:30time the defendant I think ell came to
- 2:33work the year after me okay did you know
- 2:37him prior to that I did I've known Alex
- 2:39since I was 16 years old in high school
- 2:41y'all went to high school together we
- 2:43did he's a few years behind me but we
- 2:44were in the same
- 2:46school and you worked uh with Alec at
- 2:49the law firm up until September of 2021
- 2:52I
- 2:54did um let's talk a little bit if we
- 2:57could about the
- 3:00Law Firm itself and uh tell me a little
- 3:04bit about the financial structure of the
- 3:05law firm how how does uh how does it
- 3:07work that uh fees come into the law firm
- 3:10and how did they get dispersed at the
- 3:11end of the year can you explain that to
- 3:12the jury a little bit um yes so every
- 3:15fee that any attorney makes is property
- 3:18of the law firm it comes into the law
- 3:20firm and goes into the law firm's
- 3:22accounts and it is sitting in kind of
- 3:25what we call a holding account that we
- 3:28dis amass the money um we have another
- 3:30account called the operating account
- 3:32that we use to pay the daily bills of
- 3:34the law firm wages um insurance office
- 3:37supplies
- 3:39Etc each attorney in the law firm is
- 3:43also an employee of the law firm um they
- 3:46receive a paycheck just like most people
- 3:48do with W2 taxes taken out and W2 at the
- 3:52end of the
- 3:53year when we get to the end of the year
- 3:55we figure the net profit of the law firm
- 3:58basically everything brought in and
- 4:00everything paid out to date and we
- 4:03distribute that money based off a
- 4:06ratio of what that bee what that
- 4:08attorney brought in to total so if an
- 4:10attorney brought in 10% he's going to
- 4:12get roughly 10% of the net income at the
- 4:15end of the year and we do that in a form
- 4:17of a bonus one time at the end of the
- 4:19year right when is that bonus typically
- 4:21paid that bonus is typically paid the
- 4:23last week of December every year and is
- 4:26that the for most cases and most of the
- 4:28partners as we're going to call call
- 4:29them in the law firm is that the vast
- 4:32majority of their compensation of the
- 4:34year is getting it all in one lump sum
- 4:36at the end of the year in December
- 4:38that's correct they receive a salary of
- 4:40125 through the year that they're paid
- 4:43every two weeks but the vast majority of
- 4:45their money comes in that one bonus
- 4:47check okay now you mentioned there was a
- 4:49salary let's looking back at June of
- 4:512021 what were the partners in the law
- 4:53firm what were they getting as a salary
- 4:56125,000 a year all right 125,000 and
- 4:59that was broken up into checks like like
- 5:01times a year yes okay and then um so
- 5:05that has to be accounted for before the
- 5:07bonuses are paid correct that's correct
- 5:08salar is not only for the partners but
- 5:10also for all the other employees that's
- 5:12correct all staff all right and is there
- 5:14other overhead that has to be accounted
- 5:15for out of the fees before that bonus
- 5:17can be paid yes all the other other head
- 5:19is the basic operating expenditures like
- 5:21I discussed rent for the building
- 5:23insurance coverage insurance coverage
- 5:26for the employees office supplies case
- 5:28cost that we advance for our clients we
- 5:30pay things as we go for during the case
- 5:33we pay experts record fees all of that
- 5:36is part of overhead so after everything
- 5:39that's paid everything brought in after
- 5:41everything that's paid out is what we
- 5:43call that net income that we distribute
- 5:46is there some sort of 7 and a half% uh
- 5:48fund or or offset that has to be
- 5:51accounted for as well before the bonus
- 5:52is paid there he is we have what we call
- 5:547 and a half% kind of profit sharing and
- 5:58everybody takes a number their gross
- 6:00fees less their portion of overhead we
- 6:03take overhead and divide it by the
- 6:04number of Partners and so you would take
- 6:06let just going to use numbers if your
- 6:09gross fees were $100,000 and your
- 6:11overhead was $50,000 you have a net of
- 6:14$50,000 and we take 7 and a half% of
- 6:17that and put it in a pot and divide it
- 6:19back evenly in between everybody and
- 6:22that purpose is meant to cover when
- 6:23somebody has a high year or a low year
- 6:26it kind of helps people out and helps
- 6:29account for differences and expenses
- 6:31between each attorney so all of that has
- 6:33to be taken care of before the bonus is
- 6:36paid out to the partners at the end of
- 6:37the year is that correct that's correct
- 6:39and then whatever money is left over is
- 6:40divided up based on the percentage of
- 6:44the fees that that particular partner
- 6:46brought in of the whole of for the year
- 6:48is that correct correct so if you had a
- 6:49better year you're going to get a little
- 6:50bit more than somebody who didn't have
- 6:52as good a year absolutely
- 6:54okay
- 6:57um over uh over time uh being the CFO
- 7:01did Alec Murdoch have a very lucrative
- 7:04practice he did uh were there times
- 7:06where his bonus was high six figures
- 7:09definitely were there times his bonus
- 7:11was seven figures there has been and was
- 7:14it typical for the vast majority of his
- 7:16compensation to be in that onetime bonus
- 7:19at the end of the year as opposed to the
- 7:21$125,000 salary yes his and everybody
- 7:24else's that $125,000 salary for these
- 7:27individuals was a fairly small part of
- 7:29the compensation
- 7:34correct
- 7:41um now one of the things that you
- 7:43mentioned is that at the very beginning
- 7:46is you said all fees belong to the firm
- 7:48is that right that is right and I'm
- 7:50going to show you what's been marked as
- 7:51exhibit 310 to your testimony real quick
- 7:53and see if you can uh recognize this
- 7:56particular document I do this is the
- 7:58employment agreement that each of the um
- 8:01attorneys and the firm sign all right
- 8:04take that back real quick can I have the
- 8:05Elmo
- 8:10please
- 8:14310 I off pre at this time in no
- 8:18additional objection CH it's
- 8:22admitted like do that real quick
- 8:35let's try it
- 8:55again all right so is this the uh this
- 8:59EX the pre is this the first page of
- 9:01that agreement yes all right and on your
- 9:03little screen up there can you read that
- 9:04all right yes okay if we uh look at it's
- 9:08talking about employer and employees now
- 9:09we've been talking about the law firm
- 9:11Partners but in the agreement what are
- 9:13they referred to as they're actually
- 9:15shareholders so we refer to them as
- 9:18partners in the fact that they all work
- 9:19together and support each other but
- 9:21because of the tap of tax entity we are
- 9:23their shareholders it's just a legal in
- 9:27accounting determination but in fact
- 9:29you'll you'll see them referred to as
- 9:30shareholders all right but in this
- 9:32agreement they're called employees
- 9:33correct that's correct now just real
- 9:36quick you talked about paying out the
- 9:38bonus at the end of the year and that's
- 9:40where the vast majority of compensation
- 9:42for the partners goes out is there a tax
- 9:45reason for that do y'all clear the books
- 9:47at the end of the year we do clear the
- 9:48books at the end of the year we off we
- 9:50function as a C corporation which means
- 9:52any money that's left in that C
- 9:54corporation would pay a tax too so to
- 9:56avoid double taxation we pass that money
- 9:59down to the partners to the best of our
- 10:01ability all right and so do you you try
- 10:03to zero out the books we do all right
- 10:05and that's just is devoid tax taxing on
- 10:08anything that remained in The Firm
- 10:09accounts correct so let me ask you this
- 10:12if the firm essentially zeros out the
- 10:14books by paying these bonuses to all the
- 10:16partners at the end of the year how do
- 10:17you operate in the in the few uh you
- 10:19know January and February where we're at
- 10:21now before fees start to come in what
- 10:23money do you use to do that so typically
- 10:25a group of Partners will go in and Loan
- 10:28money back back to the firm to cover our
- 10:30first couple months of operating
- 10:32expenses and as we recover money through
- 10:34the year we'll pay them back and pay
- 10:36them off so we we're basically starting
- 10:38at a almost a negative by borrowing that
- 10:41money all right and so some of the
- 10:42partners will loan money to the firm to
- 10:44operate until there's enough fees that
- 10:46come in to generate enough money is that
- 10:48correct that's correct do do the
- 10:50partners have to do that or is that
- 10:51something they can do if they want
- 10:53that's something that they can do if
- 10:54they want was ell one to ever do that
- 10:57ell never did that he never did that
- 11:00okay before we go on back to this
- 11:02agreement let me ask you a little bit as
- 11:03far as the firm accounts you mentioned
- 11:05there's an operating account correct
- 11:07that's correct and then there's a client
- 11:08trust account correct that's correct
- 11:10trust account trust account tell me what
- 11:12the client trust account is please so
- 11:15the trust account is a fiduciary account
- 11:17meaning that we have the responsibility
- 11:19to maintain and safeguard that money
- 11:21it's where the account whenever a case
- 11:24settles that the money that is paid from
- 11:26the insurance company or individual from
- 11:28the defend
- 11:29is put into that client trust account
- 11:32and that is also where the money is
- 11:33dispersed out to any um clients or any
- 11:37Le holders or anything to do with that
- 11:39dispersement it's also where we collect
- 11:41our fees and expenses from and are there
- 11:44legal obligations and money in the
- 11:46client trust account to ensure that that
- 11:49money only goes to the legitimate places
- 11:51it's supposed to go that's correct and
- 11:53if the law firm wins a case whether by
- 11:55settlement or by trial uh any recovery
- 11:58they get does it go on that trust
- 12:00account first before the law firm gets
- 12:01paid everything does
- 12:04yes now I'm going to go back to exhibits
- 12:07uh this the employment agreement I
- 12:08believe is exhibit 3:10 and right here
- 12:11in in uh line three right there can you
- 12:14read that to the jury please services
- 12:16for the benefit of employer all
- 12:19professional services rendered by the
- 12:21employee shall be rendered as an
- 12:23employee of the employer and all
- 12:25proceeds and remuneration received their
- 12:27failure in order to for the employer's
- 12:29benefit all right and this is the
- 12:31agreement signed by all the partners
- 12:33correct correct and back in 2021 it was
- 12:36signed by Alec Murdoch correct correct
- 12:37and all the years prior correct correct
- 12:40and what does that provision mean
- 12:41explain that again to the jury that
- 12:43means that any that any work they do
- 12:45providing legal services and any money
- 12:47earned by them belongs to the law firm
- 12:50not the partner to the law firm and
- 12:52should run through the law firm's books
- 12:54it has through the law firm's books
- 12:56before it can right and then they have
- 12:58to wait till the end of the year for it
- 13:00to be accounted for after paying all the
- 13:02overhead and the salary and the 7 and a
- 13:04half and all the rest of it that's
- 13:05correct if a law partner were to divert
- 13:08fees to himself personally and not send
- 13:10them to the law firm what would that be
- 13:12stealing stealing
- 13:17okay all right um
- 13:30tell me a little bit if you would about
- 13:33the management structure of the law firm
- 13:36how does how does it work just very
- 13:38quickly so each attorney um apparent we
- 13:42they
- 13:42all he need speak they all um have equal
- 13:46Authority and equal choice but basically
- 13:49we'll have a little committee each year
- 13:51that we can go to with day-to-day issues
- 13:54and make some basic decisiones that are
- 13:56then going on and voted by the whole
- 13:58firm um I report directly to each and
- 14:02every attorney so I would handle
- 14:04day-to-day obligations within certain
- 14:06authorties and if I had an issue then I
- 14:09would go to this committee or somebody
- 14:12who is present because a lot of times
- 14:14attorneys are out of the building
- 14:15traveling in hard and it would kind of
- 14:17go up the rank from there okay um was
- 14:21Alec very involved in the actual
- 14:23management of the firm no were other
- 14:25partners more involved in the management
- 14:26of the firm yes
- 14:29tell me what was your observation of
- 14:31Alec as a lawyer in the office how what
- 14:34was your observations and
- 14:36characters um Alec kept different hours
- 14:39than a lot of the rest of us he came in
- 14:41and he would work late um always loud
- 14:46always busy always in a rush um he had
- 14:50the gift to gab but he always seemed
- 14:53last minute and hurried to
- 14:56ftic always last minute in ftic yes
- 15:00uh what about his cell phone use how was
- 15:02he with a cell phone constantly on the
- 15:04phone constantly on the
- 15:08phone
- 15:12um what were your observations of him as
- 15:15a
- 15:16lawyer I think elec um was successful
- 15:21more of not from his work ethic but from
- 15:23his ability to establish
- 15:26relationships and to
- 15:29to
- 15:30manipulate people into settlements and
- 15:33clients into liking him um so he did it
- 15:38through the art of
- 15:41basically that can be an artc
- 15:44mhm uh did he in your estimation in your
- 15:47judgment was he more of a technical type
- 15:49lawyer or was he one that really
- 15:50understood how to use the emotion of a
- 15:53case he would use the emotion of a case
- 15:55and the and the emotion of his clients
- 15:58did he understand the emotional value
- 16:00that the sympathies of a case could have
- 16:02I
- 16:05would she's a he's asked her to
- 16:09testifies as what he understands what's
- 16:11in his mind I object that's the stain
- 16:15the
- 16:20objection with
- 16:22Alex your observations of ell as a
- 16:25lawyer
- 16:29what skills did you see and how he was
- 16:31able to value a
- 16:34case I would think that he was able to
- 16:37read the the
- 16:39client
- 16:42um and it seemed to he always got higher
- 16:46settlements than it looks like they
- 16:48should appear going back when we've
- 16:49reviewed everything um so I think that
- 16:52he used his personality more than
- 16:54technical skill I think that um you know
- 16:57we look back and we see things that were
- 17:00manipulated and set up and I believe he
- 17:02did that a lot with his clients as
- 17:08well you mentioned did allocate good
- 17:11results to the defendant get good
- 17:12results it appeared that they usually
- 17:14did yes were they very lucrative results
- 17:24yes did you have any observations uh
- 17:29working with Alec for 20 sod years about
- 17:32his
- 17:33memory I think that Looking Back Where I
- 17:37thought he was chaotic and didn't
- 17:39remember things or kind of got bored
- 17:41with details sometimes and went and
- 17:43finish things off I really think looking
- 17:46back as we've gone back and pieced
- 17:48together a lot of this that we we saw
- 17:51where he would tell people one thing and
- 17:54another person another so in my opinion
- 17:56looking back I think he had almost a pH
- 17:58graphic memory you know to to keep all
- 18:01the balls in the air that we were we now
- 18:03saw we in the air it appears that he
- 18:05would had to have a really strong
- 18:13memory real
- 18:27quick for
- 19:02you had mentioned before that uh for the
- 19:05firm to operate at the beginning of the
- 19:06year after it cleared its books uh that
- 19:09it would loan from or take loans from
- 19:11Partners at their option uh in order to
- 19:14sort of give some seed money until fees
- 19:16started to roll in is that correct
- 19:17that's correct all right I'm going to
- 19:19show you uh what's been marked as
- 19:21exhibit 428 to your testimony and just
- 19:24have you take a look at that and ask you
- 19:26if you recognize those documents as it
- 19:28relates to a particular instance
- 19:30involving the defendant I do all right
- 19:33and tell me uh tell me about this
- 19:34instance what happened here please okay
- 19:37so this is in
- 19:382017 a check for the payment got
- 19:43mistakenly written to R Alexander
- 19:46Murdoch instead of his brother Randolph
- 19:48Murdoch so the loan payoff was written
- 19:51to ell all right let me slow you down so
- 19:53does his brother work for the law firm
- 19:54his brother does work for the law firm
- 19:56and what name does he go by ringy he
- 19:58goes by Randy Murdoch his legal name is
- 20:00Randolph Murdoch forth had had Randy
- 20:03Murdoch loan money to the law firm he
- 20:05did had Alec Murdock loan all no all
- 20:08right and so what happened then so as we
- 20:11said we had the clerical error and a few
- 20:14days later Elliot came to our staff and
- 20:18it's not quite clear which staff because
- 20:20our records don't show that but a voided
- 20:23check he he acted as if he' lost this
- 20:27original check and had another check
- 20:29written so a replacement check was then
- 20:31written to to El again which was a
- 20:34mistake again did that second check get
- 20:37cashed the second check got cashed
- 20:40pretty much immediately within a week or
- 20:42two and then about a year later the
- 20:45first check got cashed as well and
- 20:49that's when a CAU in the system that he
- 20:51had cashed both checks and looking back
- 20:53I realized that the mistake had been
- 20:55made that somebody had hit their names
- 20:57are right beside each other in the
- 20:59vendor list and that they had made a
- 21:01clerical mistake and that he was paid
- 21:03money that he was not owed all right
- 21:06ultimately was did he get that money
- 21:09twice that he was not supposed to have
- 21:11received he did and ultimately was it
- 21:13because he claimed that he had lost the
- 21:14first check correct ultimately did he
- 21:17cash both checks he did and cash the
- 21:19original one a year later is that
- 21:21correct all right uh was he um
- 21:24confronted about this back at that time
- 21:25when it was detected I guess in 2017 is
- 21:28that right he was and uh he was
- 21:30confronted at that time he was not I
- 21:33don't remember that he was confronted by
- 21:36me I know that Danny Henderson spoke
- 21:38with him about it and ell just claimed
- 21:41that he made a mistake and thought that
- 21:42he had paid the money that he had loaned
- 21:44the money that year and Danny choose to
- 21:48kind of Let It Go and sweep it under the
- 21:49road did he pay it back at that point he
- 21:52did pay it back all right so that
- 21:54happened and the explanation was given
- 21:56and then he was allowed to pay it back
- 21:57is that correct that's correct and
- 21:59everybody moved on right that's correct
- 22:01have to point out that it
- 22:03was these attorneys worked as a
- 22:05Brotherhood and were very family and
- 22:07they were trusted him and accepted this
- 22:10the
- 22:17explanation what was that word you just
- 22:19used you said it was a Brotherhood
- 22:22yes and so when the attorneys are
- 22:24dealing with one another when the
- 22:26attorneys are dealing with you
- 22:29how are yall dealing with one another
- 22:30what's what's the basis of that trust
- 22:32trust trust and so over the years when
- 22:35Alec Murdoch would tell you to do a
- 22:37transaction or anything like that what
- 22:39were you relying on the his word and
- 22:47Trust are you uh generally familiar with
- 22:51what's been known as the boat case yes
- 22:54right and uh do you remember that
- 22:56occurring around in February 2019 I do
- 23:00right and again not without going into
- 23:01the specifics of the boat case what was
- 23:03your general understanding of the bo
- 23:05well let me ask you this was his son
- 23:07Paul charged with a with uh driving the
- 23:10boat in the boat case to your knowledge
- 23:12yes and was Alec Murdoch sued civil in
- 23:16the boat case because of the death of
- 23:18mallerie beach yes after the boat case
- 23:21did you notice any changes in Alex's
- 23:24Behavior or his demeanor around the
- 23:26office
- 23:29I can't say that I really did um up
- 23:33until November December of 20 late
- 23:3820 okay and what' you notice
- 23:41then didn't really notice it then and we
- 23:44can go back and notice it now that's
- 23:46when he started making some some
- 23:48dispersements that he was stealing from
- 23:51that started getting sloppy
- 23:53um so the things that I noticed are more
- 23:56in hindsight
- 24:00and I'll put this exhibit up on the
- 24:02screen let me uh getting ahead of myself
- 24:05this is exhibit uh
- 24:13428 428 this is a uh that's this is the
- 24:17loan check you were talking about is
- 24:19that right that's right this is where uh
- 24:22Alec erroneously received a check for
- 24:25his brother Randy that's right and then
- 24:27ultimately manag to get the the same
- 24:30amount twice is that correct that's
- 24:31right all right
- 24:34and how much was that check
- 24:39for I can bring it to you if you need to
- 24:41see it yeah you're going to have to I'll
- 24:43bring it to
- 24:46you screen over here is bigger than
- 24:50now it was for
- 24:54$21,300
- 24:57$121,000 correct that's
- 25:03correct when you received the check did
- 25:06Alex say no this isn't mine this isn't
- 25:07my $121,000 check no he
- 25:13didn't all
- 25:17right now you mentioned you started to
- 25:20talk about some things you noticed in
- 25:21late of 20120 and and let's just set the
- 25:23table a little bit more before we do
- 25:25that you mentioned
- 25:26dispersements tell the jury before we
- 25:28see some paperwork tell the jury uh how
- 25:31dispersements go about are there is
- 25:33there certain paperwork that's done and
- 25:34how do the lawyers interface with the
- 25:36finance stuff for that to be
- 25:37accomplished okay so a dispersement
- 25:39after a case is is one or what we call
- 25:42settled the money comes into the client
- 25:44trust just like I I talked about a
- 25:47dispersement will recap how much money
- 25:50was won how much attorney fees how much
- 25:53expenses were witheld or earned for our
- 25:56firm in that and then it will list any
- 25:59loans or leans that need to be paid off
- 26:01and what I mean by that is like medical
- 26:03leans medical bills um insurance
- 26:06companies getting their money back for
- 26:08items that they paid and then it will
- 26:10show the balance that goes to the
- 26:13client and uh so then how do they
- 26:15interface with the finance staff what
- 26:16does the finance staff do as opposed to
- 26:19when the attorneys prepare those
- 26:21dispersement forms the F it comes over
- 26:23to our finance department we have the
- 26:24supporting documentation with it and we
- 26:27will process the checks based off the
- 26:29attorney's signature those then go back
- 26:32to the attorneys that handled the case
- 26:34or the pargal that handled the case they
- 26:37meet with the client and explain the
- 26:39dispersement to them and give them the
- 26:40funds okay uh is the finance staff
- 26:44relying on what the lawyers are sending
- 26:46them to determine what checks should be
- 26:48cut yes all right with support with
- 26:52support
- 26:55yes ultimately are they trusting the
- 26:57attorney to provide them the correct
- 26:59information we
- 27:02are all right so you mentioned uh that
- 27:04something happened in late 2020 that was
- 27:07the first things that you started to
- 27:08notice in the wake of the boting case
- 27:10that was a little different and tell the
- 27:12jury what you were about to talk
- 27:14about um as I said in late 2020 I I
- 27:19really didn't notice it at that point
- 27:23but um some of these items that we're
- 27:26going to discuss started happening at
- 27:28that point um my discovery of things
- 27:32started coming to ahead in May of 21 May
- 27:35of 20 21 yes all right and tell me uh
- 27:38what was the first thing that came to
- 27:39your attention because so one thing that
- 27:42came to attention was a dispersement
- 27:45that the fees were made out and process
- 27:48to forge Consulting and what that meant
- 27:53is that the fees weren't going into our
- 27:56personal account like they should they
- 27:58weren't going to the firm Forge is a
- 28:01forge Consulting is a true company that
- 28:05you can do structures of attorney fees
- 28:08but the way that this was done was not
- 28:11correct to do a correct structure let
- 28:14let me slow you down so we can we can
- 28:16unpack this a little bit all right let's
- 28:18first talk about what is a structure
- 28:20what is a a structure what does that
- 28:22mean so a structure means that you can
- 28:25set up a fee in the um agreement with
- 28:29the insurance company that you can put
- 28:32that money into an annuity that you'll
- 28:35get it out later you can avoid taxes now
- 28:38and take them out when you're 65 or
- 28:41whatever year you determine so it's a
- 28:43way that they can defer income for
- 28:45retirement if they're having a good year
- 28:47they can do that so so maybe an
- 28:50explanation would be kind of like the
- 28:51lottery you can either get your
- 28:52settlement one lump sum or you can get
- 28:54it paid over time correct correct all
- 28:57right and so this is what a structure is
- 28:59is getting it paid over time correct and
- 29:01are there tax benefits associated with
- 29:03doing a structure they would avoid taxes
- 29:05at the year that they made the fee and
- 29:08they would pay the taxes when they got
- 29:10it out similar to your retirement 401k
- 29:13and is it sometimes common for
- 29:15plaintiff's lawyers lawyers who get
- 29:17recoveries for clients uh to have their
- 29:21clients um get the settlement in a
- 29:23structure as opposed to getting it in
- 29:25all one lump sum so that there's some
- 29:26security over time with that money it is
- 29:29definitely a vehicle that can be used by
- 29:31pl's lawyers we don't do it very often
- 29:33when in our firm and when it is done it
- 29:36has to be every partner needs to know
- 29:38about it and needs to be agreed upon
- 29:40because obviously that money is not
- 29:41coming into the firm to help with
- 29:44overhead and expenses so we have to
- 29:47agree on it and we have to account for
- 29:49it in our allocations at the end of the
- 29:50year to determine bonuses that we're
- 29:52going to pay off sure and but I'm
- 29:54talking about with clients right now so
- 29:55clients that receive a settlement they
- 29:57can elect to either get it in one LP sum
- 30:00or they can get a structured annuity
- 30:03over time where they get however much a
- 30:05year for the however many years it goes
- 30:07correct yes that's true too kind of like
- 30:10the Lotter you can get the whole big
- 30:11thing but with taxes or you can get a
- 30:13bigger sum over time correct that's
- 30:17correct and so some clients might choose
- 30:19to get it over time so that their their
- 30:21money is is more secure over a longer
- 30:23time correct correct and you generally
- 30:25see that when um it's a minor involv or
- 30:28somebody with special needs that has a
- 30:30disability of some
- 30:32sort and so what is Forge Consulting the
- 30:35legitimate business fors Consulting what
- 30:37do they do they set up structured
- 30:39annuities for clients like we're talking
- 30:41about um they do Special Needs Trust for
- 30:45people who are injured or going to need
- 30:47life care plans and um they handle that
- 30:51kind of they have a few other things
- 30:53that they do but I'm not familiar as
- 30:55much with those Services have they
- 30:56provided Services over the years the
- 30:58legitimate company forg Consulting
- 31:00legitimate services to the law firm and
- 31:02his clients over the years and helping
- 31:04them set up structured settl I do we've
- 31:06used them 250 to 300 times and is there
- 31:10who's kind of like the main guy at Forge
- 31:12Consulting the legitimate business
- 31:14Michael gun all right now you mentioned
- 31:18that we're not talking now about the
- 31:19client structuring their settlements but
- 31:22what if a lawyer wins a big case and
- 31:24wants to so he's going to get a huge fee
- 31:27and let me ask you this first generally
- 31:30what is the legal fees for the firm when
- 31:34they win a case whether by settlement or
- 31:36by trial generally they're
- 31:3933% to 40% and it depends on what stage
- 31:44the case was in or the work we had to do
- 31:47so if we settle a case before we have to
- 31:50start doing suing complaints and
- 31:52depositions or going to trial we take 33
- 31:55and 13% if it goes further we do 40% and
- 31:59it can go to 45% if it's on an appeal
- 32:02but generally speaking it's between a
- 32:04third and
- 32:0640% so let's say that somebody's a
- 32:09partner and let's say they win a case of
- 32:11$10 million and it was a 40% one so
- 32:13they're going to get a $4 million fee
- 32:15correct correct all right let's say that
- 32:18they decided that instead of taking that
- 32:20fee that $4 million fee they want to
- 32:22structure that fee just like a client
- 32:24would can they do that they can do that
- 32:27and that's what I was referring to
- 32:29before with the um authorization of the
- 32:33other partners and making sure that we
- 32:35have enough money to operate and enough
- 32:37money to account for it if they do that
- 32:40it's supposed to be done in the release
- 32:43in the insurance company will send the
- 32:45money directly to forge Consulting and
- 32:47not through us okay because it can't go
- 32:51through y'all directly or it doesn't
- 32:53work or he would not get the tax benefit
- 32:55of it and if a if an attorney still had
- 32:57to do do that they're going to have to
- 32:58work everything out with y'all to make
- 33:00sure everything's accounted for for the
- 33:02end of the year bonuses and everything
- 33:03else that's correct is that a common
- 33:05thing that people in The Firm were doing
- 33:07no all right so kind of setting all that
- 33:10up did you uh what came to your
- 33:12attention as it related to the defendant
- 33:14Alec Murdock so in May 17 there was a
- 33:17dispersement called herburger that the
- 33:20fees were said it said I i' would have
- 33:23to look at the exact dispersement but it
- 33:25said structured fees Forge and it had an
- 33:29amount um get something yeah
- 34:19all right I'm going to show you what's
- 34:21been marked as exhibit 429 to your
- 34:23testimony and I have you just flip
- 34:24through that real quick and tell me
- 34:26generally what that is say okay this is
- 34:29um the dispersements to do with the
- 34:32money recovered in the herburger case
- 34:34and this one had multiple dispersements
- 34:36all right but let's just talk about the
- 34:38uh the one you were just referring to
- 34:40I'll show it to you this this page on
- 34:42the third page of this exhibit is that
- 34:44right that's right all right pick up
- 34:45your story what did you notice that came
- 34:47to your attention so it says PMP a PMP
- 34:53attorney fee and in the parentheses had
- 34:56Forge um the check had been made out
- 34:58payable to forge and I knew this was
- 35:01incorrect so I went and had a discussion
- 35:04with elec about
- 35:05this and um the basics of the discussion
- 35:09was we needed to know about if they were
- 35:12going to do a a structured annuity we
- 35:15needed to do it also told him that the
- 35:17way he had done it was incorrect that he
- 35:20would not be saving any tax consequences
- 35:22that he needed to properly set it up
- 35:25with the insurance company on the front
- 35:27side
- 35:28right and why wasn't it done right why
- 35:29were you telling at least from what you
- 35:31knew at the time why did you think it
- 35:33was not being done right basically
- 35:35because it should have gone from the
- 35:37insurance company directly to forge we
- 35:39would not write a check and send it to
- 35:41forge for a structured fee let me put
- 35:45this up on the screen just real
- 35:47quick no other objection to 429 all
- 35:51right this time I'd move
- 35:54uh States 429 into evidence I believe
- 35:57without additional
- 36:03objection all right so is this the
- 36:06dispersement sheet you were talking
- 36:07about yes sir and this is generally the
- 36:10first one the jury's seen but is just
- 36:11generally how dispersement sheets look
- 36:13that are prepared by the law firm yes
- 36:16you generally see the caption and then
- 36:18our our inside number which is the
- 36:20matter ID you'll see the recovery and
- 36:23who's paid out then the next section
- 36:26should be your fee and
- 36:28expenses all right so you've got the fee
- 36:30right there correct that's correct and
- 36:32then you have expenses and what are
- 36:34generally what are expenses so the
- 36:35expenses are the case cost that we paid
- 36:38going along cost to um get depositions
- 36:41and pay transcribers medical records
- 36:44expert
- 36:45opinions um sometimes vehicles are
- 36:48involved that we store so it's anything
- 36:50that we pay on behalf of that case all
- 36:53right and so they'll have to come out of
- 36:55the recovery too correct that's correct
- 36:57and that's separate from the attorney's
- 36:58fees right correct right so when the
- 37:01when y'all settle a case you're going to
- 37:03get your attorney's fees but you're also
- 37:05going to get paid back any costs and
- 37:06expenses you had to litigate the case
- 37:08that's correct two separate amounts
- 37:10correct all right and then we've got a
- 37:13lean explain to me what a lean is and
- 37:15what how those affect dispersements if
- 37:17you look so a lean is it could be as
- 37:20simple as paying a doctor's bill that
- 37:23was um guaranteed or it can be paying
- 37:26back subreg
- 37:28which means subreg just means if you had
- 37:31insurance that covered it personally
- 37:32your Blue Cross Blue Shield and we
- 37:35recovered money Blue Cross Blue Shield
- 37:37or Medicare and Medicaid if you had that
- 37:40would them be seeking their money back
- 37:43so that would be a
- 37:45lean sometimes somebody who got injured
- 37:47like in a car wreck or something might
- 37:49have medical bills and there's a lean
- 37:50for that yes and sometimes funds might
- 37:54be withheld to satisfy those medical
- 37:56bills that's correct too is it common
- 37:58for the law firm to then negotiate with
- 38:00the medical provider like a hospital or
- 38:02whatever and see if he can get that
- 38:04medical bill down to a number they'll
- 38:06settle for that is that is correct and
- 38:09then if you save any money between what
- 38:11their bill was and what you get them to
- 38:13accept is that additional money that
- 38:14should go back to the client that's
- 38:16right and are those very common in these
- 38:17types of cases yes and generally we will
- 38:19not hold up dispersing the money to the
- 38:22client waiting on that to happen because
- 38:24it can take a while so we may have a
- 38:26dispersement that leaves some money in
- 38:28our account the balance of those bills
- 38:30while we're negotiating them and then
- 38:32we'll do a second dispersement to pay
- 38:34those clients that money or the provider
- 38:36of the money right so you pay them the
- 38:38big amount first and then if you're
- 38:39lucky enough to settle for a lesser
- 38:40amount then that whatever is left over
- 38:42you'll send to them later
- 38:44correct all right so then down here we
- 38:46have then the ultimate uh settle uh
- 38:49dispersement to the the beneficiaries
- 38:51the clients is that correct that's right
- 38:53right and if there's multiple as this
- 38:55one you would see the split between the
- 38:57to all right and just real quick whose
- 38:59signature is that right there that is
- 39:00Alex and have you you worked with them
- 39:02for how long or or did work with them
- 39:04for 23 years 22 years all right and so
- 39:07you got very familiar with his signature
- 39:09yes you recognize that as his signature
- 39:11yes all right going back here to this
- 39:13dispersement we had BMP attorney's fee
- 39:16Forge and then you had that
- 39:26amount and then and what is this next
- 39:28page of this exhibit that's the cancel
- 39:30check payable to forge for
- 39:33$83,000 33 all right and you recognize
- 39:36that sign signature on there that's
- 39:39Alex and so when you were when we last
- 39:43left off you were telling Alec that it
- 39:46had been done wrong because it had gone
- 39:48straight from the trust account direct
- 39:52to what you believe to be forged at the
- 39:54time correct correct and it can't go to
- 39:55the law firm or the tax benefits go away
- 39:58that's right all right so you raised
- 40:01those issues with Alec uh what did what
- 40:04was his response when you first talked
- 40:06to him about this his response was that
- 40:08he was not worried so much about the tax
- 40:11ramifications and saving the taxes but
- 40:14that he was trying to get money in
- 40:15Maggie's name due to the boat accident
- 40:17that had happened in February of 20
- 40:202019 all right did he go ahead he also
- 40:23brought up the fact that he was friends
- 40:26with Michael gun and that was going to
- 40:28try to work with Michael gun putting up
- 40:31some fees during the year as a favor to
- 40:33Michael gun and to help him accomplish
- 40:35putting money in Maggie's name right did
- 40:38he say anything and I apologize if you
- 40:39already said this did he say anything in
- 40:41response to your pointing out that this
- 40:43isn't going to work for the tax benefit
- 40:46he he said that's fine he was not
- 40:48worried about the tax benefit so much as
- 40:50getting the money in Maggie's name
- 40:51because of what the boat wreck because
- 40:53of the boat wreck all right did that
- 40:56concern you at all yes it did and why
- 40:58did it concern you because that is
- 41:01hiding assets and we're not going to be
- 41:04part of any hiding assets or or any
- 41:07wrongdoing so we were very concerned
- 41:10that he was trying to to do that and we
- 41:13didn't want to be a part of
- 41:15it uh at that point in time did you do
- 41:18anything about it or did you kind of
- 41:20table the matter for the time being we
- 41:21kind of tabled the matter for the mind
- 41:23for the time being um we I had it kind
- 41:27of set aside trying to figure out how am
- 41:29I going to account for this in my books
- 41:31and we were going to go back and talk to
- 41:33Partners and kind of figure out what we
- 41:34were going to
- 41:36do ultimately when is the sort of the
- 41:39drop dead deadline that you have to
- 41:40account for everything in the
- 41:42books usually I will do our final
- 41:44closing and balance all the time but
- 41:46usually we'll do that final accounting
- 41:48in December so I really start drilling
- 41:50down and looking at everything and
- 41:52balancing out in December but I knew I
- 41:54had till December to figure this out and
- 41:57at that point I was more concerned about
- 42:00how we were going to put it on our books
- 42:03and also letting the partners know what
- 42:05was going on so we can make sure that it
- 42:08didn't it was disclosed to his attorneys
- 42:11with the boat rack
- 42:14stuff you kind of just put that aside
- 42:16but keep it in the back of your mind
- 42:19right uh this is in May of what year did
- 42:22this happen 21 all right later on that
- 42:25month did you uh
- 42:28receive a communication of any sort from
- 42:30Alex pargal I did on Monday real quick
- 42:33that is an at griswell all right she's
- 42:36one of his par illegals and what did
- 42:38that what communication did she have
- 42:40with you so I received an email I was
- 42:42working in our wboro office that day and
- 42:44I have received an email from Annette
- 42:46that said she needed to talk to me in
- 42:48private and um could I please meet with
- 42:51her when I got back in the office so
- 42:53when I did get back in the office we met
- 42:56um and she came to me with
- 42:59um with another concern that in another
- 43:02file that we had right and tell me uh
- 43:06what file was that so this file was we
- 43:08refer to it as the ferris file and it
- 43:11was a a case with Ferris versus MTH
- 43:14truck that had a fairly significant
- 43:16settlement and the concern was that we
- 43:19had only received the expenses when on
- 43:23on this this let me first say this case
- 43:25was handled by Chris Wilson's firm and
- 43:27they were handling the dispersement all
- 43:29the money went through their account and
- 43:31they drafted the dispersement and met
- 43:32with the client so if that happens
- 43:35typically the associate attorney will
- 43:37mail us our fee check and our expense
- 43:39check at the same
- 43:41time let me uh so let me slow you down
- 43:43so this particular case the feris case
- 43:45was Alec Murdoch the only attorney
- 43:48attorney on that
- 43:49case in our firm I believe he was but
- 43:52Chris Wilson was the associated Chris
- 43:55Wilson and pmpd or in a different firm
- 43:57no he's in his own different firm and
- 43:59does that happen sometimes that two
- 44:01lawyers one lawyer from your firm and
- 44:03one lawyer from another firm will share
- 44:04a case yes we have quite a lot of that
- 44:06all right and then ultimately those fees
- 44:08have to be split whichever way they
- 44:10agreed to do that is that correct that's
- 44:11correct and then sometimes if the
- 44:14settlement money or the trial money
- 44:16comes into that other firm then they
- 44:17have to disperse the fees and expenses
- 44:20to you that's correct and tell the jury
- 44:23again what was anette's concern did she
- 44:24receive part of it but not the other
- 44:26thing Anette received only a check for
- 44:28the
- 44:29expenses but not the fees not the fee
- 44:32which is unusual right so she had
- 44:35already unbeknownst to me contacted my
- 44:37staff to make sure that we had not
- 44:39received that fee prior and indeed we
- 44:42checked and it had not been so the
- 44:44conversation inette had with me that day
- 44:47was her concern that we were missing the
- 44:51feed check and she'd had some
- 44:54conversations with Vicky Lyman who is
- 44:57Chris Wilson's
- 44:58paralal and that led in it to believe
- 45:01that ell had already had the money paid
- 45:03to him and that that's the concern that
- 45:06she reported to you yes right hold on
- 45:09for me and I'm going to show you what's
- 45:10been marked as States 312 one second
- 46:24I believe stage 312 is offered for
- 46:26admission with no additional objection
- 46:28that's correct your on I admit
- 46:31it all right I'm going to show you this
- 46:33uh packet of documents um I'm going to
- 46:36go to some emails that are within it and
- 46:41uh first of all I'm going to show you
- 46:42this one right here and just see if you
- 46:44recognize that please I do all right
- 46:47tell me what that is this is an email
- 46:49from Vicky Lyman who's the paralal for
- 46:51Chris Wilson to Annette Griswald who's
- 46:54the paralal for ell Murdoch
- 46:57and in it anette's questioning why did
- 47:00we get the expenses and no fee Vicky
- 47:04replied back dear friend it's only cost
- 47:08because your boss and mine got their
- 47:09fees once they were signed All right so
- 47:12that's what why Annette brought that
- 47:14concern to you yes all right did you
- 47:17have any conversation with Annette about
- 47:18what to do um well Annette expressed
- 47:22concern about um tattling on ell and
- 47:26perhaps getting being in trouble for for
- 47:28him a retaliation from him so I told her
- 47:32what's the concern what's the concern
- 47:33right now the concern
- 47:37is I just asked her what her concern was
- 47:40the concern was that that money had been
- 47:42stol there's an objection wait yes
- 47:45sir he's asking her what Annette's
- 47:48concern was and Annette needs to testify
- 47:51about her own concern
- 47:54right State the question please I'll
- 47:56restate the question what was your
- 47:58concern my concern was that he had
- 48:00stolen the fees and they were paid to
- 48:02him
- 48:05personally all right um did you uh in
- 48:08this conversation with Annette did you
- 48:09instruct her to do anything did you send
- 48:11any
- 48:12email I sent an email to Annette um
- 48:17asking for Annette to get copies of the
- 48:20complete dispersement from Chris
- 48:22Wilson's office along with a copy of
- 48:24what we call the general ledger print
- 48:26out which would show the deposit and the
- 48:28checks um and the supporting document to
- 48:31the dispersement often times we'll just
- 48:33get a copy of the dispersement so I
- 48:35asked for the full records like we would
- 48:37have in our office and what did you tell
- 48:39Annette to do once you sent that email
- 48:40to her Annette forwarded that email to
- 48:43Vicky Lyman at Chris Wilson's office all
- 48:45right and I'm going to show you what's
- 48:48been uh was part of exhibit 312 and it's
- 48:51marked as 2374 at the bottom and just
- 48:54kind of read that email going up is that
- 48:56that the email that you sent to Annette
- 48:58yes and is that the one that you were
- 49:00asking her to forward on yes to request
- 49:03additional information from Chris
- 49:05Wilson's office to try to get to the
- 49:06bottom of it yes all right and if we go
- 49:09to the prior
- 49:10[Applause]
- 49:12page is that where Annette forwarded
- 49:14that document on to Vicky Lyman at Chris
- 49:17Wilson's office this is all right
- 49:27all right and just real quick what was
- 49:28the date on that uh email when it was
- 49:31ultimately forwarded to Vicky Lyman at
- 49:34Chris Wilson's office that email was
- 49:36sent on May 27th but Vicky was out of
- 49:40the office on vacation so Vicky replied
- 49:42to anet on June 2nd upon her return okay
- 49:47and what was the reply and the reply was
- 49:49just clarifying what documents that they
- 49:51needed and um at that point Vicki
- 49:54replies back to and that she's not privy
- 49:57to that information but she'll forward
- 49:59it on to Chris Wilson to her boss Chris
- 50:02Wilson yes all right so y'all have yall
- 50:05gotten an answer at this point no right
- 50:07so what's the next step what happens
- 50:09after that so we're waiting for a while
- 50:11and on Monday May 7th I went to Alex's
- 50:16office searching for him after lunch um
- 50:19after you sent the this email on June
- 50:212nd did Alec ever reach out to you or
- 50:23talk to you about about the inquiries
- 50:26that you were making about where these
- 50:27fees were yes he actually came in the
- 50:29next day um first thing Chris did not
- 50:32answer me but ell came in the first
- 50:34thing and said um that money's in
- 50:37Chris's trust why do you need all this
- 50:39information and I basically said we just
- 50:42need it for our records it's what we
- 50:44have in ours and it's required for us to
- 50:46keep he assured me that the money was
- 50:48over there and that he'd get the records
- 50:50and and they would get everything that
- 50:52we needed and that was some point after
- 50:54June 2nd believe it was the next this
- 50:56morning all right and did you seek him
- 50:58out or did he seek you out to say hey no
- 51:00that money's there the whole time he
- 51:02seek me out all right and that's what he
- 51:04told you
- 51:05yes all right uh did um around this time
- 51:09did anybody else did y'all did you have
- 51:11any discussions with any of the other
- 51:13partners about what was going on with
- 51:14this I did I'd initially gone to Lee
- 51:17hope because he was one of the he's one
- 51:19of the partners that does a lot of the
- 51:21managing and he happened to be the one
- 51:24that was in the office when this was
- 51:26going on that I could find and talk to
- 51:28and he also helped me come up with the
- 51:31plan of how we were going to handle it
- 51:33so ell would not think and that was
- 51:36questioning um Mark Ball also knew some
- 51:40about it
- 51:42so
- 51:48um did uh was there any discussion about
- 51:51anyone contacting Chris Wilson after we
- 51:54didn't get it that that came later that
- 51:57came later that came later okay all
- 51:59right uh so Alec comes to you and says
- 52:02all that money's there what's the next
- 52:04thing that happened that you did so the
- 52:06next thing that happened was on Monday
- 52:09May on June 7th I went looking for let
- 52:13me slow you down on Monday June 7th yes
- 52:15what year 21 June 7th 2021 what happened
- 52:20went to look for ell and when I got
- 52:22upstairs he was standing outside of his
- 52:24office leaning on a file cabinet and he
- 52:26looked at me with a a pretty dirty look
- 52:29one I'd not seen before and said what do
- 52:31you need now um clearly disgusted with
- 52:35me which kind of raised my Hackle so I
- 52:38said well let's go in your office and
- 52:40talk about it we we went in his office I
- 52:43said I told him I said I have reason to
- 52:45believe that you received the feris
- 52:47money directly to you and you need to
- 52:49prove to me that you did not and um he
- 52:53assured me again that the money was in
- 52:55there I told him I still needed to see
- 52:58the ledgers or proof that it
- 53:00was again he told me the money was in
- 53:03there that we could get it any time said
- 53:05he was trying to leave it in there to
- 53:07decide what to do as far as structuring
- 53:09some more money or putting more money in
- 53:11Maggie's
- 53:12name you you asked him for proof is that
- 53:15correct yes proof that he didn't have
- 53:18that money
- 53:20yes did you were you able to complete
- 53:22that conversation on the morning of June
- 53:247th 2021 was actually the afternoon of
- 53:27June 7th afternoon but no we were not
- 53:30able to complete it during the middle of
- 53:31our conversation um he took a phone call
- 53:34and the call was saying that his father
- 53:38was in the hospital and that there was
- 53:39nothing more could be done and he was
- 53:41terminal so at that point you know I've
- 53:44known elec for since I was 16 years old
- 53:47known the family forever it turned into
- 53:49a personal conversation about how's your
- 53:52dad doing how's everything doing you
- 53:54know what's going on
- 53:56and I basically thought he was leaving
- 53:59to go to the hospital to attend to his
- 54:01father so I left the office at that time
- 54:04and we did not discuss the money
- 54:07anymore you thought he was leaving to go
- 54:09I thought he was going to go to see
- 54:11about his
- 54:13father um he had gotten a phone call
- 54:16about his father June 7th 2021 correct
- 54:18that's
- 54:19right did you
- 54:21have a conversation with Alec later on
- 54:25that day we did around four o'clock my
- 54:28phone rang and I remember because I was
- 54:29surprised that he was still there and
- 54:32ell was asking me some information about
- 54:34his 401k balance and why was he doing
- 54:38that he was doing that because he stated
- 54:40he had to get some documents and
- 54:41financials together for a hearing
- 54:44regarding the boat wreck later that week
- 54:46he needed his own financial information
- 54:48for a hearing for the boat case that
- 54:50week correct that's correct
- 55:04you know when the boat case was or the
- 55:06boat case hearing was I believe it was
- 55:08June 10th June 10th 21 within a few days
- 55:12within a few
- 55:15days
- 55:19um were you surprised to hear from him
- 55:21in the office I was cuz I thought he was
- 55:24leaving thought he was leaving because
- 55:25of the call from his about his Grand his
- 55:27father his
- 55:43father did you go home at the end of
- 55:45work that day I
- 55:47did went back home and had a normal
- 55:49evening yes until about 10:30 tell me
- 55:53what happened at 10:30 um I got a call
- 55:55or started getting text from Friends
- 55:57asking if I'd heard if Maggie and ell I
- 56:01mean Maggie and Paul had been
- 56:03shot um I didn't know anything about it
- 56:06they were hearing things on scanners so
- 56:09I've sent texts to a couple of the
- 56:11attorneys and did not hear back until
- 56:14probably 2:00 in the night Mark emailed
- 56:18me back or texted me back that they in
- 56:20fact had been shot and killed
- 56:28was that shocking it was very
- 56:31shocking was everybody scared very scary
- 56:35you know nobody knew what was going on
- 56:38so very
- 56:43scary did the you said this Law Firm is
- 56:46like a Brotherhood correct that's
- 56:49correct did everyone rally to Alexa we
- 56:52did there nothing happened that week at
- 56:55work um everybody spent time with El
- 56:59trying to support him bringing family
- 57:01meals attending the funerals so nothing
- 57:05happened all
- 57:08week after the murders happened was
- 57:10anybody at all concerned about getting
- 57:13the proof for those missing fees after
- 57:16those murders happened at that point in
- 57:19time we weren't because we were
- 57:20concerned about ell um he wasn't working
- 57:24a whole lot he was um erratic we knew he
- 57:28was taking pills um we were just worried
- 57:32about hi sanity so we weren't going to
- 57:35go in there and harass him about money
- 57:38when we were worried about his mental
- 57:40state and the fact that this his family
- 57:42had been killed um it just wasn't even
- 57:47on our mind at that
- 57:50point wouldn't be on your mind would it
- 57:52no
- 58:01as a few weeks went
- 58:04on
- 58:06um did you ever receive any
- 58:09communication about those
- 58:14fees that kind of put the matter to bed
- 58:17at least a little bit we did Lee c who
- 58:19is one of the partners took over um he
- 58:23you know he we decided we were not going
- 58:25to press
- 58:26but Lee made some contact with Chris
- 58:28Wilson during that time asking Chris for
- 58:32information um and I believe after that
- 58:34ellex searched me out again and said hey
- 58:37I've got that money um but it wasn't
- 58:39until I believe it was July 19th I
- 58:42received an email that Chris had
- 58:44forwarded to elec elec then forwarded
- 58:47the email to myself and Le hope and in
- 58:50that email it said I am holding the fees
- 58:53for the fairis case and he named the
- 58:55amounts said they are available anytime
- 58:58that you should need them so we're being
- 59:01told by outside Council that the money
- 59:03is
- 59:04there did you trust what you were being
- 59:07told yes when you got that email that at
- 59:10least for the toing that looked like the
- 59:12matter was put to bed yes I mean these
- 59:14are members of the bar who've taken a SW
- 59:16orth that we're supposed to trust and
- 59:18they're telling us the money is
- 59:23there I'm still an exhibit 312 I'm going
- 59:27to put this up on the screen do you
- 59:29recognize
- 59:32that that is the email that I'm
- 59:35referring
- 59:37to
- 59:41and this email comes from who to who
- 59:44comes from Chris Wilson to Alec Murdoch
- 59:47and then it gets sent to who myself and
- 59:50Lee cope from who from ell Murdoch all
- 59:53right
- 59:58and can you read uh to the
- 1:00:02jury that paragraph right there what was
- 1:00:05uh forwarded to you to sort of put this
- 1:00:08matter to bed Alex as discussed I am
- 1:00:12confirming that I'm holding in trust
- 1:00:14$600,000 in the andreil ferris case and
- 1:00:18192,000 in the Denise feris case which
- 1:00:21represent attorney fees I will continue
- 1:00:23to hold these monies in trust until I'm
- 1:00:25instru Ed by you and your firm regarding
- 1:00:33payment does that leave you to believe
- 1:00:35that those monies have been there all
- 1:00:41along yes with some hesitation on my
- 1:00:44part because I just it still seemed a
- 1:00:47little shaky to me but I've decided that
- 1:00:49I would have to believe what was
- 1:00:51presented to
- 1:00:53me and this uh what's the D on this
- 1:00:56particular email July
- 1:00:5819th so we're just over 2021 just over a
- 1:01:01month after murders is that correct yes
- 1:01:03a little
- 1:01:12ever I take you forward a little
- 1:01:16bit well let me ask you this in that
- 1:01:19time period and July and August going
- 1:01:22into early September is elec in the
- 1:01:24office much he's not in the office very
- 1:01:26much
- 1:01:27now
- 1:01:30um you had uh mentioned before uh the
- 1:01:34first thing that kind of came your
- 1:01:35attention in what case was that herb and
- 1:01:38Bears all right
- 1:01:43um at some point in time does that
- 1:01:46herburger matter kind of come back to
- 1:01:47your attention to take a look at that um
- 1:01:49yes like I said I had it sitting there
- 1:01:51on my desktop right in front of me um
- 1:01:54but due to work and personal obligations
- 1:01:56and things that were happening that
- 1:01:58summer I didn't start looking again
- 1:02:00until September and um decided to start
- 1:02:03coming through his fees for the year and
- 1:02:06just making sure that we had not missed
- 1:02:10anything else before you go on with that
- 1:02:13around that same time as you're doing
- 1:02:15that does Annette Griswald come into
- 1:02:17your office she did incidentally during
- 1:02:20the day after I'd found what I'm about
- 1:02:23to discuss with you she walks into the
- 1:02:25office and had found a check on Alex's
- 1:02:28desk that was made payable to Richard
- 1:02:31Alexander Murdoch and it was from Chris
- 1:02:34Wilson's trust account and the amount I
- 1:02:36believe was
- 1:02:38$225,000 and it was um signed and on the
- 1:02:42memo varis
- 1:02:44fees all right I'm going to show you
- 1:02:46what's been marked as States
- 1:02:50313 see if you recognize
- 1:02:53that that's the check I'm just
- 1:02:55discussing all right your honor this
- 1:02:56time I would move uh States 313 in
- 1:02:59evidence no
- 1:03:01additional admitt it and what is States
- 1:03:04313 that is a check from Chris Wilson's
- 1:03:07client trust account payable to Richard
- 1:03:10Alexander Murdoch Esquire in the amount
- 1:03:12of
- 1:03:13$225,000 referencing feris fees is it
- 1:03:17made out to the law firm no who's it
- 1:03:19made out to it's made out to him
- 1:03:21personally Richard Alexander
- 1:03:23M when you see this
- 1:03:26check what if anything is your
- 1:03:29realization that he stole the money that
- 1:03:32he'd been
- 1:03:34lying and what's the date on that
- 1:03:37check March 10th
- 1:03:432021 all right so when that brings you
- 1:03:46that check and you're also looking uh at
- 1:03:49the four you said explain what you were
- 1:03:51doing as well when when this is going on
- 1:03:53so simultaneously that day I I decided
- 1:03:56to print out a listing of Forge payments
- 1:03:58to forge Consulting and as I was
- 1:04:01printing those out I was printing
- 1:04:03supporting documents and cancel checks
- 1:04:06and as the cancel checks hit the back of
- 1:04:08my printer I could see ell Murdoch's
- 1:04:10signature on the back it would say ell
- 1:04:12Murdoch and a lot of them were Bank of
- 1:04:15America and as everyone come out I
- 1:04:18started noticing it more and more and a
- 1:04:20sick the sickest feeling you could feel
- 1:04:23in the world I knew that he was stealing
- 1:04:25all this money money um at that point
- 1:04:29William Barnes just happened to call
- 1:04:31over to my office and said what are you
- 1:04:33doing how are you doing today and I said
- 1:04:34I'm about to throw up you need to come
- 1:04:36over here and showed him the checks at
- 1:04:39which point he verified that he thought
- 1:04:42that was Alex signature as
- 1:04:44well from there we called Mark Ball Mark
- 1:04:48Ball came and looked over the
- 1:04:50information we showed him the proof of
- 1:04:52the check of the 225,000 and Mark
- 1:04:55noticed that one of the cases that he
- 1:04:57definitely knew it could not have been
- 1:04:59going to forge because it was a workers
- 1:05:01comp case which case was that that was
- 1:05:04Thomas Moore keep going um so he knew
- 1:05:08that that money couldn't have been sent
- 1:05:11no matter what we also discussed this
- 1:05:14with Lee cope and we were trying to
- 1:05:16decide how are we going to handle this
- 1:05:17what are we going to do Lee cope it was
- 1:05:20decided that Lee cope would contact
- 1:05:22Michael gun directly and we Nam a few of
- 1:05:26the cases we got a few of the names Lee
- 1:05:29contacted Michael gun asked them if
- 1:05:31there had ever been to please verify if
- 1:05:33there had ever been any structures with
- 1:05:34that and also asked Michael gun if they'
- 1:05:37been banking at Bank of
- 1:05:39America Michael's reply to Lee was they
- 1:05:43they had not banked at Bank of America
- 1:05:45in a number of years and that he was
- 1:05:47unable to verify that those were indeed
- 1:05:50set structured fees for those clients
- 1:05:52all right so let me let me slow you down
- 1:05:54real quick
- 1:05:56you researched what name in there Forge
- 1:05:59Consulting so you're researching in your
- 1:06:01system Forge Consulting correct to see
- 1:06:03any instances where it was an Alec
- 1:06:06Murdoch case that went to forge
- 1:06:08Consulting correct correct and did you
- 1:06:10find a number of checks we did you have
- 1:06:12access to the firm trust account checks
- 1:06:15on your system yes and when you saw
- 1:06:17those checks what did You observe they
- 1:06:19caused that sickening feeling you just
- 1:06:22described they were made to forge
- 1:06:25instead of Forge Consulting but also the
- 1:06:28fact that his signature was on the back
- 1:06:30and the endorsement on the back was Bank
- 1:06:32of America what did that indicate to you
- 1:06:34about all those checks when you saw his
- 1:06:36signature on them that they were stolen
- 1:06:39fees stolen
- 1:06:54money that's different from this correct
- 1:06:56that's
- 1:07:00correct what's being
- 1:07:02stolen what if anything is being stolen
- 1:07:05with exhibit
- 1:07:06313 the Fe the check is being written
- 1:07:10directly to Richard Alexander Murdoch
- 1:07:12and in the other scheme it was written
- 1:07:15to a forge account which we realized was
- 1:07:18a fank forge bank account we found in
- 1:07:21the office a few days later bank
- 1:07:23statements that said Richard Alexander
- 1:07:26MDOT doing business as
- 1:07:47Forge all right so you say a few days
- 1:07:49later in Alex's office you found some
- 1:07:51bank statements that's correct do you
- 1:07:53remember what bank they were on Bank of
- 1:07:54America and I'm going to show you what's
- 1:07:56been marked as exhibit 335 and see if
- 1:07:59you represent uh recognize that just as
- 1:08:01an example I do and what is that this is
- 1:08:04a bank statement from Bank of America
- 1:08:06with the name Richard A Murdoch Soul
- 1:08:09prop which means proprietor doing
- 1:08:12business as Forge and it has Alex home
- 1:08:15address as the contact on the bank
- 1:08:18account and you found bank statements on
- 1:08:20this account in his office correct
- 1:08:22that's right is this the legitimate forg
- 1:08:24bank account it's the fake Forge bank
- 1:08:32account we don't have any
- 1:08:35additional I would offer a 335 your
- 1:08:37honor at this
- 1:08:46time is that the name that's on that was
- 1:08:49on the account that you found yes
- 1:08:55and you called it quote fake Forge fake
- 1:08:57Forge and why do you call it fake Forge
- 1:09:00because there is a real Forge Consulting
- 1:09:02but this was a fake company that he set
- 1:09:04up to mimic and look like and designed
- 1:09:07to look like Forge the real Forge who's
- 1:09:10the main guy at the real Forge Michael
- 1:09:12gun and does this account right here in
- 1:09:15Alec Murdoch's name have anything to do
- 1:09:17with the real Forge absolutely
- 1:09:23none going back to to exhibit
- 1:09:27313 this
- 1:09:29check the problem is who who should have
- 1:09:32this check been made out to that should
- 1:09:33have been made out to Peters Mur Parker
- 1:09:35elrath and distri to the law firm
- 1:09:37correct that's right all right
- 1:09:40so who who is who is not getting what
- 1:09:43they're supposed to get in this instance
- 1:09:44for this check the law firm when we
- 1:09:47start talking about the fake Forge
- 1:09:50account who's generally not getting what
- 1:09:52they're supposed to get is the law firm
- 1:09:54or someone else generally the client
- 1:09:56sometimes the law firm but generally the
- 1:09:58client generally the
- 1:10:00clients all
- 1:10:21right show you what's been marked at
- 1:10:23States 3:14
- 1:10:26see if you recognize
- 1:10:32this yes this is a spreadsheet of all
- 1:10:35the payments made to the fake Forge
- 1:10:38referencing each client in the amount
- 1:10:40that was stolen from each client and did
- 1:10:43you prepare that I did all right and is
- 1:10:45this based on an investigation that you
- 1:10:48had to do in the wake of all of this yes
- 1:10:50we did we we also had forensic Auditors
- 1:10:54come in and look at this we had we hired
- 1:10:57former FBI to come in and look at this
- 1:10:59and we've also self-reported to the
- 1:11:02office of disciplinary Council which
- 1:11:04maintains licenses and we've turned over
- 1:11:0710 years of information to them at least
- 1:11:10and provided them with all
- 1:11:12this let me see it real quick at this
- 1:11:16time we would move into evidence States
- 1:11:19314 honor we do not have any additional
- 1:11:22objections provided it's understand that
- 1:11:25we understand that it's being offered
- 1:11:26for The Limited purpose for which your
- 1:11:28honor instructed the jury yesterday
- 1:11:30that's it's not character evidence it's
- 1:11:32only the motive according to the state's
- 1:11:34theory yes
- 1:11:38sir thank
- 1:11:40you all right
- 1:12:10we're going to pick up on your story a
- 1:12:11little bit
- 1:12:12but you were saying that when Annette
- 1:12:16Griswald around the time she brought you
- 1:12:18that Chris Wilson check that had Alex's
- 1:12:20number name on it you also were bringing
- 1:12:24up in search and Forge in your system
- 1:12:26and that's when you saw all these quote
- 1:12:28fake Forge checks correct that's
- 1:12:30correct uh and you mentioned that you
- 1:12:32went and talked to some Partners about
- 1:12:33it and that sort of thing correct that's
- 1:12:35correct we're going to talk about that
- 1:12:36in a minute but just real quick as we go
- 1:12:40to exhibit
- 1:12:42314 this is that spreadsheet that you
- 1:12:44prepared is that correct that's
- 1:12:49correct and we have the what's this
- 1:12:52right here that is the day of the check
- 1:12:57where the funds were stolen from all
- 1:13:00right and then right here that's the
- 1:13:02client name all right and then right
- 1:13:04here that's what we call the civil
- 1:13:06action number if it's been filed within
- 1:13:08the court all right and then the
- 1:13:10category is what type that he did most
- 1:13:13of them are forg payments or you see a
- 1:13:16couple other took insurance so it's he
- 1:13:18had a few methods all right and then
- 1:13:22over here is that when y'all had to pay
- 1:13:23the money back yes so for each one of
- 1:13:26these the money that was stolen all the
- 1:13:28partners got together and had to put the
- 1:13:30money back into client trust and we went
- 1:13:33through and corrected and met with every
- 1:13:35client and distributed money back to
- 1:13:37them um that's an ongoing basis still
- 1:13:41going on so for all these clients you
- 1:13:44had to pay the law firm had to pay money
- 1:13:46back the Partners came up with money and
- 1:13:48paid all the all the clients back and
- 1:13:51why did y'all have to pay all that money
- 1:13:52back because Alec had stolen it
- 1:14:04we're going to talk about these in a
- 1:14:06minute but if we look at
- 1:14:08the bottom at least for this category
- 1:14:11what was the total that you have at
- 1:14:12least for this category
- 1:14:152,841
- 1:14:2251255 and at least in this category
- 1:14:30the earliest date we have is roughly
- 1:14:32what year
- 1:14:412015 all right let's go back to uh early
- 1:14:44September do you remember what day it
- 1:14:46was that all this was happening
- 1:14:47September 2nd all right and and that
- 1:14:51brings you this check uh you're finding
- 1:14:53these things you say you talk to some of
- 1:14:54the part about this correct and what
- 1:14:57happens after that what do y'all just
- 1:14:58what do y'all do we had a partner
- 1:15:00meeting at Lee cop's house the morning
- 1:15:02of Friday September 3rd is the defendant
- 1:15:06there no right is Randy Murdoch there
- 1:15:09Randy is not there
- 1:15:11initially um
- 1:15:13initially we just we showed all the
- 1:15:16remaining Partners what we had found in
- 1:15:18that um that he had been stealing the
- 1:15:22consensus was let's get Randy in here
- 1:15:25and let show him so he wasn't
- 1:15:27blindsided Randy came in we presented
- 1:15:30him the evidence and he immediately hung
- 1:15:33his head and said he stole it we've got
- 1:15:37to do something about this right anybody
- 1:15:41then uh go make contact with the
- 1:15:43defendant
- 1:15:44so Danny Henderson and Randy Murdoch
- 1:15:47went to confront El about
- 1:15:50it and what was reported to you after
- 1:15:52that conversation the report was that la
- 1:15:55had admitted that he stole the money and
- 1:15:57that we were forcing him to
- 1:16:07resign in the wake of all of that you
- 1:16:09ultimately had to start doing this
- 1:16:11review is that correct yes and the
- 1:16:14spreadsheet that we're about to go
- 1:16:15through reflects those various
- 1:16:17transactions is that correct that's
- 1:16:18right
- 1:16:33take a break now if you go to the Jury
- 1:16:34Room please do not discuss the
- 1:16:37case thank you you may proceed thank you
- 1:16:40honor mate Police Court yes sir Mr
- 1:16:43seconder uh before the break just to
- 1:16:44reset the table uh you had
- 1:16:48um gone in did you go into Alex office
- 1:16:51on June 7th
- 1:16:532021 for proof that he had not taken the
- 1:16:55Chris Wilson fees yes and then that
- 1:16:59conversation got uh delayed correct yes
- 1:17:02got disrupted and delayed the murders
- 1:17:04happened correct did you receive an
- 1:17:07email in July leading you believe that
- 1:17:09the Chris Wilson fees were in the
- 1:17:11account all along we did and then we
- 1:17:13moved to September when inette Griswald
- 1:17:16Alex pergal did she bring you a check
- 1:17:18showing that in fact those checks had
- 1:17:20been written to Alec back in March of
- 1:17:212021 that's correct and at the same time
- 1:17:24you were going through uh the system and
- 1:17:26looking at payments to forge correct
- 1:17:29correct and the real Forge is headed by
- 1:17:31who who's the main guy there Michael gun
- 1:17:33all right and then ultimately though you
- 1:17:35determined these were going to what you
- 1:17:36called what fake Forge fake Forge which
- 1:17:39was account set up uh to look like Forge
- 1:17:42but in the name of who Richard Alexander
- 1:17:44Murdoch the defendant yes and then once
- 1:17:46you uncovered that that started to pull
- 1:17:49the thread into a series of things
- 1:17:52you're about to testify going back uh
- 1:17:54the preceding years is that correct
- 1:17:56that's correct and so that's kind of
- 1:17:57where we left off that's right all
- 1:18:01right we're going to go back and look at
- 1:18:04um States
- 1:18:06314 and we're just going to do these in
- 1:18:09order and move expeditiously as we can
- 1:18:45all right I'll show you what's been
- 1:18:46marked as uh States
- 1:18:48[Music]
- 1:18:49317 so you're uh to this trial and see
- 1:18:53if you recognize that
- 1:18:55I this is the dispersement statement for
- 1:18:57Audriana Hay all right your honor this
- 1:19:00time state would offer States 317 into
- 1:19:03evidence uh no additional objection your
- 1:19:06honor ADM all right and tell the jury
- 1:19:09what this is very quickly so in this one
- 1:19:12there's a recovery of
- 1:19:14$247,500 there's attorney fees of
- 1:19:18$22,000 expenses of
- 1:19:20$426 54 and then the settlement proc
- 1:19:24proceeds to forge Consulting for the
- 1:19:26client's amount of
- 1:19:28$225,700
- 1:19:3046 right and that's the dispersement
- 1:19:32sheet that was signed by who do you
- 1:19:34recognize the signature on there Alex
- 1:19:36all right and uh let me put it up on the
- 1:19:39screen
- 1:19:42for was uh This Record was this found in
- 1:19:44the files of of the law firm
- 1:19:53yes and signatur is that right there
- 1:19:56Alex what's the date on this 1220
- 1:20:002018 and what's the first name of the
- 1:20:02client here please
- 1:20:04Adriana all right and we look at this uh
- 1:20:08this particular dispersement has got the
- 1:20:09recovery amount that's how much money
- 1:20:10came in is that correct that's correct
- 1:20:13and then we have an attorney's fee yes
- 1:20:15and that looks like that's a reduced fee
- 1:20:18all right it's a reduced fee in as much
- 1:20:20as not why did you say it's a reduced
- 1:20:22fee it's not a third or either 40 % of
- 1:20:25the
- 1:20:26$247,500 all right and then we've got
- 1:20:30expenses is that correct yes and then
- 1:20:32finally we have this line right
- 1:20:35here what does that say
- 1:20:37again settlement proceeds to forge
- 1:20:40Consulting $225,700
- 1:20:56exhibits after the in
- 1:21:04evidence is there any in evidence or not
- 1:21:08this particular exhibit
- 1:21:13yes thank
- 1:21:15you all right and uh looking at the
- 1:21:17second page of this exhibit what is this
- 1:21:19this is the check made payable to forge
- 1:21:21for the $225,700
- 1:21:246 and that went to the fake Forge yes
- 1:21:28right did the law firm ultimately have
- 1:21:30to pay that money back we did and why
- 1:21:32did you have to pay it back because
- 1:21:34ellex stole
- 1:21:42it again looking at these dispersement
- 1:21:44sheets these are prepared by the
- 1:21:46attorneys and their staff is that
- 1:21:47correct that's correct and then they're
- 1:21:49delivered to the finance staff correct
- 1:21:51and then the finance staff uses that to
- 1:21:53do what to to um cut the checks and give
- 1:21:56them back to the the attorney to
- 1:21:58disperse to the clients so this first
- 1:21:59sheet was delivered to your staff is
- 1:22:01that correct correct and then they did
- 1:22:03what they wrote the checks as per the
- 1:22:06dispersement and why did they do what El
- 1:22:09Murdoch requested them to do they
- 1:22:10trusted him and he was their boss and
- 1:22:13that's thought they thought they should
- 1:22:18do all right going to the next one
- 1:22:26States
- 1:22:48318 show you what's in Mark States
- 1:22:513:18 see if you recognize this document
- 1:22:58yes this is urement statement for
- 1:23:00Barrett bware all right your honor this
- 1:23:02time I would offer States 318 into
- 1:23:04evidence no additional objection admit
- 1:23:07it all right we'll put it up on screen
- 1:23:10if you have problems seeing just let me
- 1:23:11know and I'll bring it back to you
- 1:23:13okay all right again this is the
- 1:23:15dispersement statement for this
- 1:23:17particular case that's correct and who's
- 1:23:19the uh the first name of the client
- 1:23:21please Barrett all right and looking
- 1:23:24here here on this particular one we have
- 1:23:27again a recovery and then we have some
- 1:23:29expenses and then ultimately we have
- 1:23:30this right here is that correct that's
- 1:23:32correct and uh who is that dispersement
- 1:23:35what did it say on the dispersement
- 1:23:36sheet Forge but that's the fake Forge
- 1:23:39all right and do you see a signature on
- 1:23:41there I do it's ell Mardo all right and
- 1:23:44going to the next page you recognize
- 1:23:46that this is the check payable for
- 1:23:49$279,800 and I believe 85 or 65 sense
- 1:23:55all right and do you recognize that
- 1:23:57signature right there that's ell Mardo
- 1:23:59and do you recognize this writing right
- 1:24:01there that is his handwriting all right
- 1:24:04and did this money go into real Forge or
- 1:24:06did it go to the fake Forge it went into
- 1:24:08his fake Forge account all right and did
- 1:24:10ultimately the law firm have to uh
- 1:24:12refund this money again we refunded the
- 1:24:15money each partner put up money and
- 1:24:17refunded the money to the client and why
- 1:24:18did the law firm have to refund it
- 1:24:20because he stole it who stole it elec
- 1:24:22Murdoch stole it all right
- 1:24:25I'm going to go to the third page of
- 1:24:26this exhibit uh do you recognize this
- 1:24:29particular check right here I do all
- 1:24:31right and what is that so this is an
- 1:24:33insurance proceed payment from I believe
- 1:24:35Southern Fidelity Insurance in the
- 1:24:37amount of
- 1:24:38$75,100
- 1:24:40that check never even came through our
- 1:24:42books he stole it endorsed it and put it
- 1:24:45in his Bank of America account and we
- 1:24:47found a copy of it on his desk later as
- 1:24:50we were investigating right did the law
- 1:24:52firm ultimately have to replace that
- 1:24:53money we replace that money as
- 1:25:17well real quick
- 1:25:30show you what's
- 1:25:34uh been I believe admitted in evidence
- 1:25:36of States
- 1:25:38429 okay this is dispersement sheet for
- 1:25:42herburger all right and uh on that
- 1:25:45particular one uh let me first of all
- 1:25:48I'm going to put it up on the screen and
- 1:25:49again uh if you can see it if you have
- 1:25:51if I need to bring it back to me uh to
- 1:25:52you let me know okay
- 1:25:57okay all right I'm going to go over to
- 1:26:00the third page of this
- 1:26:04exhibit and this is a a dis a
- 1:26:07dispersement sheet in this matter is
- 1:26:08that correct that's correct all right
- 1:26:10and we look on this third line and what
- 1:26:12does it say right there the pmpd
- 1:26:16attorney fee Forge all right what's the
- 1:26:18amount
- 1:26:19$833
- 1:26:2133.33 and that's the one we discussed
- 1:26:23earlier there that's one the one that
- 1:26:25first came to your attention yes all
- 1:26:29right ultimately go over to this next
- 1:26:32check do you recognize that it's the
- 1:26:34corresponding check for the payment to
- 1:26:35forge for $833
- 1:26:3833.33 do you recognize that signature
- 1:26:41elec Mardo all right and you recognize
- 1:26:44that writing right there on the
- 1:26:44endorsement Alec Mardo all right and
- 1:26:47this is a check that you thought had
- 1:26:48gone to a legitimate structure correct
- 1:26:51where did it actually go it went to his
- 1:26:53fake 4 count the one in his personal
- 1:27:06name I'm going to show you the second
- 1:27:08part page of this exhibit you recognize
- 1:27:10this check I do all right and tell me
- 1:27:12what this check is this is another check
- 1:27:14payable to forge for $
- 1:27:1691,8
- 1:27:196750 for the settlement proceeds due to
- 1:27:22the estate of Jacob herburger
- 1:27:24all right and just going back real quick
- 1:27:27the first amount of uh 83,000 and change
- 1:27:30those were actually represented what
- 1:27:33those our fees that would be payable to
- 1:27:35the law firm okay and then this this
- 1:27:38money right here though that represented
- 1:27:39what client money client settlement
- 1:27:42money and did it go where did it go it
- 1:27:44went to the fake Forge account and Alex
- 1:27:46name all right and did the law fir
- 1:27:49ultimately have to repay that money we
- 1:27:50repaid that as well so we got two
- 1:27:52transactions in this particular one we
- 1:27:54got the 833 and then we have the 91,000
- 1:27:57is that correct and I had to correct
- 1:27:59myself on that one we're still in the
- 1:28:00process of paying that one right and
- 1:28:02what's the date on that particular one
- 1:28:04December 15
- 1:28:072020 and then the date on May 12th 2021
- 1:28:12all right and that's roughly around the
- 1:28:13time that that came to your attention as
- 1:28:14you previously testified yes
- 1:28:51show you what's from Mar 6es 3:19 take a
- 1:28:54look at
- 1:28:59it this is the dispersement sheet for
- 1:29:02blond Gary all right I'm going go put it
- 1:29:05on the screen again if you need me to
- 1:29:07bring it to to you let me
- 1:29:12know and at this time your honor I'd
- 1:29:14offer 319 in evidence no additional
- 1:29:17objection admit it all right looking at
- 1:29:20this we have uh what's the first name of
- 1:29:23the client here Angel all right and
- 1:29:26looking down we have a recovery amount
- 1:29:28and then what's this third line right
- 1:29:30there Forge structure and the amount of
- 1:29:32$112,500 all right and going to the next
- 1:29:38page what do we see this is the check
- 1:29:41payable to forge in the amount of
- 1:29:43$112,500 all right and did that go to
- 1:29:47the real Forge or the fake Forge it went
- 1:29:48to the fake Forge and El Murdock's name
- 1:29:51all right and whose signature is that
- 1:29:53ell Murdock going back to the original
- 1:29:55page whose signature is that again ell
- 1:29:57Murdock what's the
- 1:30:00uh the date on that I don't know if you
- 1:30:02can see it or not it looks like
- 1:30:064919
- 1:30:09okay did y'all have to repay that money
- 1:30:12we also repay that money all right why
- 1:30:14did you have to pay repay that money
- 1:30:15because it was due to the client and ell
- 1:30:17Murdoch stole it
- 1:30:46I'm going show you what's been marked as
- 1:30:48States 320 see if you recognize this
- 1:30:52document this is the dispersement sheet
- 1:30:55on Christopher Anderson all right your
- 1:30:59honor this time I'd offer States 320 in
- 1:31:01evidence no additional objection you
- 1:31:04admit
- 1:31:06it all right again we have the
- 1:31:09dispersement sheet is that correct we
- 1:31:11do all right and then we have a recovery
- 1:31:15is that correct yes of
- 1:31:17750,000 and then how much on this
- 1:31:19dispersement sheet was written to forge
- 1:31:22750,000 every every every bit of it yes
- 1:31:25and whose signature is that ell
- 1:31:28mardock second page a check payable to
- 1:31:32forge for
- 1:31:33$750,000 what's the uh date on it
- 1:31:36February 20th 2020 did this go to the
- 1:31:39real Forge or the fake Forge it went to
- 1:31:40his fake Forge personal
- 1:31:44account in this particular case were
- 1:31:46there multiple recoveries there were
- 1:31:48multiple recoveries in this one right so
- 1:31:50some of the money did some of the money
- 1:31:52actually go to the client back in the
- 1:31:54back when all of this happened some of
- 1:31:55the money did go to the client and when
- 1:31:57meeting with the client to go over this
- 1:31:59he told me that he was unaware of the
- 1:32:01second settlement right and how much of
- 1:32:04the second settlement did Alec Murdoch
- 1:32:08take the the 100% of it the entire
- 1:32:15750,000 what's the date on
- 1:32:18that February 20
- 1:32:222020 do you recognize that signature
- 1:32:24right there that's Alex
- 1:33:22I'm going to show you what's been marked
- 1:33:23as States 321 so you can recognize this
- 1:33:26document this is a dispersement stat to
- 1:33:30statement excuse me to Dion Martin all
- 1:33:33right your honor this time the state
- 1:33:35would offer States 321 in evidence no
- 1:33:38additional objection admitt
- 1:33:43it all right uh looking at this
- 1:33:46particular one what's the first name of
- 1:33:48the client here Dion all right and
- 1:33:51couple things first thing I want to ask
- 1:33:53about is is we have uh right here um
- 1:33:57what's that third line right there what
- 1:33:58does that say says structured for an
- 1:34:00nudity directly to Michael gun in The
- 1:34:03The J Who Michael gun is he is the owner
- 1:34:07of the rail Forge Consulting that would
- 1:34:09do structured annuities was for that was
- 1:34:12there any actual structured annuity
- 1:34:14directly to M Michael gun we were able
- 1:34:16to verify later that there was no
- 1:34:18structured annuity to Michael gun all
- 1:34:20right and what was the effect of having
- 1:34:23that line in this dispersement sheet
- 1:34:25when it was repaired by the defendant
- 1:34:26and his staff you can see a line where
- 1:34:29the payment is says settlement proceeds
- 1:34:31structur annuity 500 out so basically
- 1:34:35what he did here was create a fake fee
- 1:34:39or a fake recovery that he took a 40%
- 1:34:41fee on
- 1:34:43$200,000 that $200,000 should have been
- 1:34:46the client's money but he faked a fee
- 1:34:49it's just Phantom money so by putting
- 1:34:52this line in here right here
- 1:34:54with that fake annuity then 40% of that
- 1:34:56would be it was counted in as fees under
- 1:34:59his column and and our system all right
- 1:35:02and so just by that paperwork poof you
- 1:35:04have Phantom money Phantom
- 1:35:10money did y'all ultimately have to
- 1:35:12account for that we did with the client
- 1:35:14we
- 1:35:18did all right down here at the bottom
- 1:35:20you recognize that signature Alec Mardo
- 1:35:22you see the date 820
- 1:35:252015 all right and
- 1:35:29then moving on to the next
- 1:35:34page and uh you previously uh testified
- 1:35:37that there could be multiple uh
- 1:35:38dispersements in the case is that
- 1:35:40correct that's correct and is this one
- 1:35:42such case
- 1:35:43yes all right um right here I'm looking
- 1:35:47at the second dispersement and down at
- 1:35:49the bottom can you tell me the date on
- 1:35:51this October 6th 20 5 all right and down
- 1:35:55at the bottom right here what does that
- 1:35:57say dispersement to Forge
- 1:36:01$338,000 3 38,5
- 1:36:056.14 did that go to the real Forge or
- 1:36:07the fake Forge went to the fake
- 1:36:15Forge looking at the next page you
- 1:36:17recognize that that's the check payable
- 1:36:20to the fake Forge in the amount of
- 1:36:22338,000
- 1:36:24$564 signed by ell Murdoch all
- 1:36:28right did y'all ultimately have to pay
- 1:36:30that back to the client we did we paid
- 1:36:32that and the $200,000 back and why' you
- 1:36:35have to do that because ell is strolling
- 1:36:37it going to the next page we have
- 1:36:39another dispersement in this case is
- 1:36:41that correct yes all right and uh what
- 1:36:45does this line say right there structure
- 1:36:48to forge marked through
- 1:36:51$445,000 where did that $45,000 go it
- 1:36:54went to the fake Forge account Nell
- 1:36:56Murdoch's name all
- 1:37:00right going forward we see this check
- 1:37:03you recognize that that's the check
- 1:37:05payable to forge in the amount of
- 1:37:07$445,000 all right you recognize that
- 1:37:09signature it's Al
- 1:37:11Muro recognize that writing right there
- 1:37:13Al Muro and where did that money go to
- 1:37:16the fake Forge count and his Bank of
- 1:37:19America Richard Alexander Murdoch name
- 1:37:22so we had we had three things here we
- 1:37:24had the Phantom fee correct correct we
- 1:37:26had the 338,000 in change correct we had
- 1:37:29the 45,000 correct and did J off them
- 1:37:31have to pay all that back we paid every
- 1:37:33cent of it back the attorney's put it in
- 1:37:35because ellex stole it
- 1:38:02show you States
- 1:38:033:15 see if you recognize
- 1:38:09this this is another dispersement for
- 1:38:12Elise mallerie your honor at this time
- 1:38:14I'd offer States 3:15 in evidence no
- 1:38:17additional objection submitted
- 1:38:25all right who's the client's uh name on
- 1:38:27this one just the first name please
- 1:38:29Elise all right and this particular
- 1:38:31What's the total recovery amount
- 1:38:38$183,500 but again that's reduced and
- 1:38:41I'm able to tell that because it's not a
- 1:38:43third or either 40% but that $30,000
- 1:38:46ultimately was cut to the firm It
- 1:38:48ultimately was cut to the pmpd and who
- 1:38:50was it credited to on Whose books El
- 1:38:52murdocks all right and then what's
- 1:38:54what's there's some fees for about 600
- 1:38:56and change correct yes
- 1:38:58expenses excuse me expenses and uh so
- 1:39:02what's the remainder the remainder is
- 1:39:04$152,800
- 1:39:26you see the date on that I I can't
- 1:39:28really see
- 1:39:30that I'm going to hand you back uh
- 1:39:33States 314 which is the spreadsheet you
- 1:39:35prepared is that correct yes look it
- 1:39:38down at the bottom can you remind the
- 1:39:39jury what the date is of that particular
- 1:39:41uh check it was November 30th 2020
- 1:39:44November 30th 2020
- 1:39:50okay did any of the recovery in this
- 1:39:53case actually go to the client and that
- 1:39:55one none of it went to the
- 1:39:59client it either went
- 1:40:02to Alex fees or it went to where to his
- 1:40:06fake Forge account that was doing
- 1:40:08business as Bank of doing business as
- 1:40:10forg the fake account with Bank of
- 1:40:12America did you ever was there any
- 1:40:15conversation with Alec about this cases
- 1:40:17related to those fees there was um later
- 1:40:20in the summer of 2021 his secretary
- 1:40:23called called over to accounting and
- 1:40:24said that he wanted to disperse some
- 1:40:26money to Elise mallerie and at that
- 1:40:28point we informed that the money had
- 1:40:30already been
- 1:40:31dispersed so then ellex said that he
- 1:40:34wanted to give a portion of his fee back
- 1:40:36to the client because she was just a
- 1:40:38sweet lady that he felt she needed some
- 1:40:41funds given back to her he'd like to do
- 1:40:43her favor about the $30,000 in fees yes
- 1:40:47was that
- 1:40:49after all of that
- 1:40:51$152,000 the bulk of that recovery for
- 1:40:55that case had been instead dispersed to
- 1:40:57the fake Forge account
- 1:41:02yes do you all have to account for that
- 1:41:04and pay the client back we did and why
- 1:41:06was that because he stole the
- 1:41:10money going to 322
- 1:41:39show what's been marked in States
- 1:41:42322 see if you recognize
- 1:41:47this yes it's another dispersement that
- 1:41:50has actually several parts but it's
- 1:41:52Jamie and richer
- 1:41:56okay your honor this time I offer States
- 1:41:58322 in aidence uh no additional
- 1:42:01objection admit
- 1:42:04it all right what's the first name on
- 1:42:06the uh jamen all right and looking at
- 1:42:10this uh particular dispersement sheet uh
- 1:42:13what is uh this amount right there
- 1:42:16$90,000 and what's it made payable to on
- 1:42:18the dispersement sheet Forge uh we see a
- 1:42:21a signature right there looks a little
- 1:42:22different as do you recognize that
- 1:42:23signature at all I still believe it's
- 1:42:25Alex okay and going to the uh next page
- 1:42:29what is that this is the check payable
- 1:42:31to forge in the amount of $90,000 and
- 1:42:33what's the date on it it cleared on 9116
- 1:42:36It Was Written sometime in August of
- 1:42:392016 where did that check go it went to
- 1:42:41the fake Forge account with Bank of
- 1:42:43America that is in his personal name
- 1:42:54going to this page of the exhibit do you
- 1:42:56recognize that yes I do and tell me what
- 1:42:59this is very quickly these were some of
- 1:43:01those client case expenses that we would
- 1:43:03collect normally and what you're seeing
- 1:43:06here is some cost for um employee travel
- 1:43:09on the first line but then cost paid to
- 1:43:12Austin Aviation for some airline
- 1:43:14services and then some Mills and travel
- 1:43:17within New York we have uh Austin
- 1:43:20Aviation is that like a private plane
- 1:43:22that is private plane and limousine
- 1:43:24service that's a a private limousine
- 1:43:28yeah all right did y'all ultimately
- 1:43:30refund these this money to the client we
- 1:43:32did why was that we discovered that
- 1:43:34those were after the the close of the
- 1:43:36case and there was no way that they
- 1:43:38could have been
- 1:43:39done they had been buil to the client
- 1:43:41they had been buil to the client
- 1:43:42deducted from the client's dispersement
- 1:43:44so we reimbursed those as well when we
- 1:43:46were giving our clients the money back
- 1:44:22show you what's been mark States 323 to
- 1:44:24your uh testimony see if you recognize
- 1:44:29that this is dispersement for Johnny
- 1:44:32Bush okay you're honor this time at
- 1:44:35offer States 323 in evidence no add
- 1:44:38objection it all right very
- 1:44:43quickly Johnny Johnny all right down
- 1:44:48here we've got what does that line say
- 1:44:50Forge
- 1:44:51$95,000 where did did that money go to
- 1:44:54the fake Forge account that Alec held
- 1:44:56all right is that the check
- 1:44:59corresponding check for the $90,000 with
- 1:45:02Alex
- 1:45:03signature all
- 1:45:14right and uh did y'all have to pay that
- 1:45:17money back we did and why did you have
- 1:45:19to pay that money back because Alex
- 1:45:20stole it as well
- 1:45:49show you States 324 see if you recognize
- 1:45:51that
- 1:45:57yes this is a dispersement to Jordan
- 1:46:00jinx this time an offer States 324 and
- 1:46:03nothing no additional objection admit
- 1:46:07it all
- 1:46:11right right here uh looking at this
- 1:46:13particular one who's the uh first name
- 1:46:16of the client Jordan right here on this
- 1:46:19dispersement what do we have right there
- 1:46:21a payment of Forge in the amount of
- 1:46:24$85,000
- 1:46:26okay and whose signature down at the
- 1:46:28bottom Alec Murdock what's the date
- 1:46:31August 1st
- 1:46:352018 looking at the second page what is
- 1:46:37this right here the check for to payable
- 1:46:40to forge for the
- 1:46:42$80,000 all right and where did that
- 1:46:44money go to the fake Forge account you
- 1:46:47recognize that
- 1:46:48signature that's Alex signature as well
- 1:46:51all right looking over the next next
- 1:46:53page what is this this is a second
- 1:46:55dispersement with another check payable
- 1:46:57to forge in the amount of
- 1:46:59$65,000 all right you recognize that
- 1:47:01signature ell
- 1:47:02Murdock all right and what's the next
- 1:47:04page a check payable to Ford in the
- 1:47:06amount of
- 1:47:07$65,000 with ell Murdoch signature all
- 1:47:10right and what date did that clear
- 1:47:13October 4th
- 1:47:162018 all
- 1:47:18right um this $85,000 where did that go
- 1:47:23to the fake Forge the $65,000 where did
- 1:47:26that go to the fake Forge count did your
- 1:47:28Law Firm have to account for that money
- 1:47:30we accounted for it and reimbursed the
- 1:47:32client due to the fact that El had
- 1:47:34stolen it
- 1:48:17show you what's been marked that states
- 1:48:18325 your testimony and see if you
- 1:48:20recognize this
- 1:48:25this is another dispersement for Manuel
- 1:48:28christiani all right your honor this
- 1:48:30time i' off for States
- 1:48:32325 no additional objection your submit
- 1:48:38it all right first name
- 1:48:41Manuel what does this say right here
- 1:48:43Forge
- 1:48:46$70,000 going over to the next page you
- 1:48:48recognize that that's the check payable
- 1:48:50to forge for $70,000 sign by Al Murdoch
- 1:48:54what's the day did it clear your trust
- 1:48:56August 16th
- 1:48:572016 where did this money go went to his
- 1:49:00fake Forge count did you have to account
- 1:49:02for this money we did right and why' you
- 1:49:04have to account for it this money was
- 1:49:06stolen this money still um has not been
- 1:49:09paid back it's under a court order to be
- 1:49:11paid in the court because there's some
- 1:49:13dispute about who it belongs to but
- 1:49:15ultimately But ultimately we funded it
- 1:49:18and it's paid into the court so it came
- 1:49:20out of our pockets again
- 1:49:45Tre you what's been Mark States 326 to
- 1:49:48your testimony and see if you recognize
- 1:49:49this
- 1:49:54this is another dispersement for Mary
- 1:49:56Duncan your honor at this time it offer
- 1:49:58States
- 1:50:00326 no other no additional objection
- 1:50:03admitt
- 1:50:05it all right
- 1:50:08uh first name of the client
- 1:50:11Mary looking down here uh what is that
- 1:50:14line right there settlement proceeds to
- 1:50:16forg in the amount of $19,500
- 1:50:20right see the date October 3rd 2018 do
- 1:50:25you recognize that at all El
- 1:50:27Murdo that's the signature you mean yes
- 1:50:30all right uh what's this right here on
- 1:50:32the second page this is the check
- 1:50:34payable to forge for $199,500
- 1:50:36referencing Mary Duncan settlement
- 1:50:38proceeds and what day did that clear
- 1:50:41October 22nd 2018 and how
- 1:50:45much $9,500 all right where did this
- 1:50:49money go to the fake Forge count did
- 1:50:51your Law Firm have to account for that
- 1:50:53we did and we reimbursed the client for
- 1:50:55that why' you have to do that because
- 1:50:57Alex stole it
- 1:51:26sh West been Markus States 327 see if
- 1:51:29you recognize
- 1:51:34this this is a dispersement sheet for
- 1:51:37Randy
- 1:51:39dry all
- 1:51:42right this time it all for States 327 in
- 1:51:44evidence no additional objection let's
- 1:51:47admit
- 1:51:49it all right uh dispersement sheet what
- 1:51:52line do we have right here Forge
- 1:52:04$956,000
- 1:52:07and what's the date on it it is dated
- 1:52:10October 3rd
- 1:52:122017 you recognize that signature elec
- 1:52:15Murdoch signature all right did your uh
- 1:52:18Law Firm ultimately have to account for
- 1:52:20those funds we did and we reimburse the
- 1:52:22client that money as well because it was
- 1:52:23stolen funds again and what uh where did
- 1:52:26these funds actually go to they went to
- 1:52:27the fank forge account that was under
- 1:52:29his
- 1:52:45control all right I'm going to show you
- 1:52:47what's been marked as stat 328 and see
- 1:52:49if you recognize this
- 1:52:54this is a dispersement for Thomas Moore
- 1:52:57your honor this time I'd offer State 328
- 1:53:00and evidence no additional objection
- 1:53:03admitt
- 1:53:07it all right right here on the
- 1:53:10dispersement what's the
- 1:53:12name first name Thomas all right and
- 1:53:16what does the dispersement say Forge
- 1:53:20$125,000 right down here you Rec has
- 1:53:22that signature it's ell Murdo on the
- 1:53:25left whose handwriting does that look
- 1:53:26like to you it looks like ell Murdo as
- 1:53:29well Tommy Moore confirmed with us that
- 1:53:31he did not sign that dispersement going
- 1:53:34to the second page uh what is this this
- 1:53:36is the check payable to forge in the
- 1:53:38amount of
- 1:53:39$125,000 do that go to the real Forge or
- 1:53:41the fake Forge fake
- 1:53:43Forge all right and uh who's writing is
- 1:53:46that right there on the endorsement
- 1:53:47that's El Murdock who signature on the
- 1:53:49check elec Murdock
- 1:53:53did y'all have to uh account for that
- 1:53:56money with the client we did we
- 1:53:57reimbursed him as well and why did you
- 1:53:59have to account for that because it had
- 1:54:00been stolen by
- 1:54:02Ellie the ones that you've been
- 1:54:04describing this was
- 1:54:06after you started to pull the
- 1:54:09thread and all of that started to
- 1:54:11unravel is that correct that's
- 1:54:13right
- 1:54:15was the quote fake for Forge as you call
- 1:54:18it was that the
- 1:54:20only thing that you detected is you
- 1:54:22started to review the activities of elec
- 1:54:25Murdoch while he was a partner in the
- 1:54:26law firm no I'm going to show you uh
- 1:54:29what's been marked as exhibit 329 to
- 1:54:32your testimony and just quickly tell me
- 1:54:33if you recognize that and what it is I
- 1:54:35do recognize this this is a list of
- 1:54:38payments that were stolen by being paid
- 1:54:41to pet State Bank all right hold on for
- 1:54:43me real quick
- 1:55:15all right going back to uh States
- 1:55:193:29 um again did you prepare the
- 1:55:22spreadsheet I did and is this based on
- 1:55:25your role as the CFO and going back and
- 1:55:27reviewing various records and trying to
- 1:55:28figure this all of this out yes sir all
- 1:55:31right your honor at this time the state
- 1:55:32would offer States 329 into
- 1:55:35evidence no additional objections your
- 1:55:38honor and subject to the
- 1:55:40Court's prior limitations on its use
- 1:55:43it's
- 1:55:44it all right putting this up on the
- 1:55:46screen
- 1:55:53can you see that all right or I need to
- 1:55:54bring it to yes I can see it all right I
- 1:55:56see up at the top there's uh some
- 1:55:58writing on it can you tell the jury what
- 1:56:00that is real quick that was a mistake
- 1:56:02when I made up the worksheet that we
- 1:56:04discovered when I got here those checks
- 1:56:06were written in the period of 2012
- 1:56:09instead of the 75 that I had down so we
- 1:56:12scratched through and I initialed my
- 1:56:13correction so that's says 20 2012 and
- 1:56:16then your initials is that right yes and
- 1:56:18then uh over here what is this right
- 1:56:20here this the client's name that the
- 1:56:22money was stolen from all right and then
- 1:56:25what's that the civil action court
- 1:56:26number all right and then the category
- 1:56:30the method that he used to get away with
- 1:56:33this and in this payment was payment of
- 1:56:35state bank checks and then this line
- 1:56:37right there the date that we put money
- 1:56:39back into our trust account to be able
- 1:56:41to refund the clients and then finally
- 1:56:44uh the amount
- 1:56:472,798
- 1:56:5012654 is this
- 1:56:52include what was in we've already gone
- 1:56:55through in stage 314 the other
- 1:56:57spreadsheet or is this different money
- 1:56:59it's additional
- 1:57:07money States
- 1:57:11314 what was the amount the total amount
- 1:57:142,
- 1:57:1784152
- 1:57:1855 and then the new one we're about to
- 1:57:21talk about two ,
- 1:57:2379,81
- 1:57:28654 now you mentioned uh Pala State Bank
- 1:57:32uh this is not the fake Forge is that
- 1:57:33correct that's correct all right tell me
- 1:57:36just generally what you uncovered and
- 1:57:39how funds were allegedly misappropriated
- 1:57:42through this method by the
- 1:57:44defendant um P meta State
- 1:57:47Bank was the pr on some of these funds
- 1:57:51and there was lines on these
- 1:57:53dispersements to be paid to paleta State
- 1:57:56Bank on the surface they looked okay
- 1:57:59when I called and asked the bank to give
- 1:58:01me information backing up the checks
- 1:58:03what had happened to them once they were
- 1:58:05written to the bank we discovered that
- 1:58:07the money had been used for paying
- 1:58:09things on elex behalf like loan payments
- 1:58:12equipment purchases paying back loans to
- 1:58:16people he had borrowed money from and
- 1:58:19everything was for his use
- 1:58:22and then looking at that was there a
- 1:58:24individ an official at the bank who was
- 1:58:27assisting uh El Murdoch with these
- 1:58:29transactions Russell lefit was the one
- 1:58:31helping convert those funds and is
- 1:58:34Russell lefit any relation to you
- 1:58:35Russell leit is my brother-in-law he's
- 1:58:37married to my sister's husband
- 1:59:00stage 330 home stretch stage 330 to uh
- 1:59:04to this trial and see if you recognize
- 1:59:06that document this is the Badger
- 1:59:08dispersement all right your honor this
- 1:59:11time I'd offer States 330 in evidence no
- 1:59:14additional objection
- 1:59:31all right how much were the attorney's
- 1:59:32fees on this particular case
- 1:59:35$1,240
- 1:59:36th000 that's how much the attorney fees
- 1:59:39were that's the attorney fees all right
- 1:59:40and then if we scroll down this
- 1:59:42dispersement we have what's this number
- 1:59:45right here 1 mil
- 1:59:48$325,000 and that pursuant to this
- 1:59:50dispersement was supposed to be made out
- 1:59:52to who Pata State Bank right and that's
- 1:59:55completely separate from these
- 1:59:57attorney's fees in this case is that
- 1:59:58correct that's correct it's an addition
- 2:00:00did those attorney fees actually get
- 2:00:02paid into the firm account those did yes
- 2:00:05and and those were legitimate correct
- 2:00:07those were legitimate and they were
- 2:00:08credited to who ell Murdock and that's
- 2:00:10completely
- 2:00:12separate from this additional $ 1,
- 2:00:15325,000 below that is that correct
- 2:00:18that's correct all right and what
- 2:00:20happened to that 1,325
- 2:00:23that 1, 325,000 ended up being converted
- 2:00:26into um payments on his behalf through
- 2:00:29the
- 2:00:33bank all right can you tell me the date
- 2:00:35on
- 2:00:36that November 19th
- 2:00:422012
- 2:00:44now this particular uh amount right here
- 2:00:47well let me go
- 2:00:57I'm going to show you the page three of
- 2:00:58this
- 2:01:04exhibit and is this an email that you
- 2:01:07found in the records of your Law Firm we
- 2:01:09did all right and who is this email from
- 2:01:11and who's it to the email is from
- 2:01:13Russell Le to elec Murdoch all right and
- 2:01:17what does it say right there it says ell
- 2:01:19can you get jeie to recut check 43162
- 2:01:23dated 111 1912 as follows and then it
- 2:01:26lists four different amounts and it says
- 2:01:28thanks Russell all right and then below
- 2:01:31that the next page is this another email
- 2:01:33that was found uh in the records of uh
- 2:01:36your Law Firm it is and what's the date
- 2:01:38on this
- 2:01:39email February 6
- 2:01:422013 all right and uh please uh who's
- 2:01:45the email from so this email is from ell
- 2:01:48Murdoch to Russell a fe all right and
- 2:01:51tell the jury what it says it gives an
- 2:01:53amount of
- 2:01:59$388,500 loone 75k and whatever the
- 2:02:04balance would be on the
- 2:02:06$1,325 th000 after these deductions and
- 2:02:10again remind the jury what the uh amount
- 2:02:12that was written to PSB in 1, 325,000 is
- 2:02:17that in that email the last line ask
- 2:02:20elec ask Russell to email me and request
- 2:02:24that right did that actually happen yes
- 2:02:27and so had had uh your staff already cut
- 2:02:29this check based on the dispersement for
- 2:02:31$1,325 th000 yes and based on this email
- 2:02:34chain did you ultimately recut checks
- 2:02:37made out to paleta State Bank yes sir
- 2:02:39and the amounts requested in the amounts
- 2:02:41requested and those funds what happened
- 2:02:43to them they were um used to pay
- 2:02:46personal loan payments on elex's behalf
- 2:02:48so again the funds that he stole and
- 2:02:50paid obligations that he haded did you
- 2:02:52have to account to the client for this
- 2:02:54amount right here we did and you had to
- 2:02:56do that because they were
- 2:02:57misappropriated by the defendant that's
- 2:02:59right all right looking through these
- 2:03:01checks are these the checks that were
- 2:03:02recut by your staff after the request by
- 2:03:04Alec yes to Russell and from Russell to
- 2:03:07you
- 2:03:12correct and incidentally in this one we
- 2:03:15also reimburse the client the pr fee
- 2:03:18because the pr had not done their job so
- 2:03:20we made sure that we reimburse the
- 2:03:22client for that as well who was the pr
- 2:03:24Rosell
- 2:03:28Le and I'm just slowly moving through
- 2:03:30this uh exhibit but these the various
- 2:03:32checks and how they ultimately were
- 2:03:34converted that's the information that I
- 2:03:35got back from paleta State Bank showing
- 2:03:37how they were converted
- 2:03:56I'm looking at this check right here
- 2:03:58which is
- 2:03:59the fifth page of the exhibit can you
- 2:04:02see the date on that February 88th
- 2:04:172013 going to this check right here
- 2:04:19what's the date on that September 1 13
- 2:04:372013 all right
- 2:05:21show you this real quick States uh 331
- 2:05:25see if you recognize
- 2:05:30this this is um the correcting
- 2:05:34dispersement for Arthur Badger that we
- 2:05:36reconstructed and that uh that goes with
- 2:05:39the prior exhibit is that correct yes
- 2:05:41this time on off State
- 2:05:43331 no additional
- 2:05:45objection let admit
- 2:05:49it and this just again reflects what you
- 2:05:52were just talking about and the
- 2:05:53repayments of those monies is that
- 2:05:54correct that's correct where previously
- 2:05:57it had the
- 2:05:5835,000 and so our total repayment to the
- 2:06:01client was 1, 360,000 which is the 35
- 2:06:05and the
- 2:06:071325 and the 35 is the uh PR fee yes
- 2:06:28show you States 332
- 2:06:54and 334 we'll show you 334 first and see
- 2:06:58if you recognize this
- 2:07:01document this is a dispersement to
- 2:07:05Natasha
- 2:07:06Thomas all right your honor this time
- 2:07:08I'd offer States 334 in evidence no
- 2:07:10additional
- 2:07:12objection thank you your honor and while
- 2:07:14I'm here uh States
- 2:07:16332 this is the correcting dispersement
- 2:07:19that we drafted to return the money to
- 2:07:22Natasha Thomas your honored offer States
- 2:07:24332 on that no additional objection ADM
- 2:07:40it all
- 2:07:44right looking at this particular dis uh
- 2:07:47dispersement again what's the first name
- 2:07:49of the client Natasha all right and we
- 2:07:52have various recovery amounts here is
- 2:07:53that correct that's correct uh we have
- 2:07:56the actual uh legal fees received in
- 2:07:59this case correct yes and who who were
- 2:08:01they who were those actually credited to
- 2:08:03well 800 of that is to elec Murdoch and
- 2:08:07then the other portion of the fee was
- 2:08:09the $115,000 fee payable to Russell the
- 2:08:11fee as conservator for this
- 2:08:14case and those those fees were actually
- 2:08:16accredited to who to Alec
- 2:08:19Murdoch and on top of that go down to
- 2:08:22the bottom and we have this last line
- 2:08:23what's that right there Natasha Thomas
- 2:08:26Peta state bank
- 2:08:29$325,000 that
- 2:08:30$325,000 where did it go it went to pet
- 2:08:33State Bank and was converted into funds
- 2:08:35for personal use again paying loans
- 2:08:38buying equipment Etc personal expense
- 2:08:41for who for ell mardock did y'all
- 2:08:43ultimately have to account to the client
- 2:08:45for that money we did and why did you
- 2:08:47have to do that IEX stall that money
- 2:08:52you recognize that signature right there
- 2:08:53yes that's Russell of
- 2:08:56Fates what is that check right there do
- 2:08:58you recognize that this is the check
- 2:09:00that we wrote to Peta State Bank and
- 2:09:03what's the date on that 1220
- 2:09:142011 and hold on real quick I'm going to
- 2:09:17go
- 2:09:19back just to make sure States 330 this
- 2:09:23was Arthur that's the case you just
- 2:09:24talked about a little bit ago that's
- 2:09:26correct the one with the uh 1325 million
- 2:09:30that's correct and on this dispersement
- 2:09:31sheet what was the
- 2:09:33date November 19th 2012 all right back
- 2:09:38to Natasha
- 2:10:03now you mentioned it was often uh common
- 2:10:05for uh Monies to be held back for leans
- 2:10:08is that right that's right and
- 2:10:10ultimately the the idea is to settle
- 2:10:12those leans like with a hospital or
- 2:10:14something like that or Medicaid and then
- 2:10:17uh and then ultimately P the client uh
- 2:10:19any um excess that you were able to
- 2:10:21settle underneath is that cor correct
- 2:10:23that's right all right in this case were
- 2:10:25certain monies held back for Lans there
- 2:10:28was money held back yes
- 2:10:34okay and ultimately was there an amount
- 2:10:36that was
- 2:10:37paid uh on those L and in particular I'm
- 2:10:41showing you this line right here that
- 2:10:42says ACA recoveries yes there was all
- 2:10:46right
- 2:11:06after uh we're looking at that
- 2:11:08particular line how much was that amount
- 2:11:13$10,995
- 2:11:15127 and uh was ultimately uh Medicaid
- 2:11:18paid back some amount of money yes is it
- 2:11:21less than their actual Bill yes and so
- 2:11:24that meant that there was some money
- 2:11:25left over that should have gone to the
- 2:11:27client is that correct correct did that
- 2:11:28money actually go to the client no it
- 2:11:30did not all right I'm going to flip
- 2:11:32towards the end of this
- 2:11:42exhibit and show you this check it's
- 2:11:44actually the last page of the exhibit do
- 2:11:46you recognize that yes that's the that's
- 2:11:48the remaining funds that should have
- 2:11:50been paid to Natasha after solving that
- 2:11:53lean settling that leane and it was in
- 2:11:55the amount of
- 2:11:58$2,245 8 C and can you see the date on
- 2:12:01that or see when it
- 2:12:03cleared looks like it looks like it was
- 2:12:05dated maybe 613 2012 or either 8 pardon
- 2:12:10my eyes and it cleared the bank on 829
- 2:12:142012 right you recognize the signature
- 2:12:16on that check ell Murdock all right and
- 2:12:19uh where did those funds
- 2:12:21those went again were converted at Peta
- 2:12:24State Bank into things that benefited
- 2:12:27him personally such as loan payoffs
- 2:12:30money to them okay did you ultimately
- 2:12:33have to account to the client for that
- 2:12:34money we did and why' you have to do
- 2:12:37that because elec Murdoch stole it and
- 2:12:40looking through these uh documents that
- 2:12:42are attached here what what are these
- 2:12:44documents as I slowly flip through them
- 2:12:46that's where the money went so there was
- 2:12:48payments made to Mr Charlie lefit there
- 2:12:50were boat payments
- 2:12:53paid there was payments back to a loan
- 2:12:56from a
- 2:12:57conservatorship is that a different case
- 2:12:59that the firm had that is and who was a
- 2:13:01conservator on that case Russell Le and
- 2:13:04what's the name of that particular
- 2:13:05client pler and there were well there
- 2:13:08were loans made from that Yes Loans to
- 2:13:12who there were loans made from that to
- 2:13:14Russell Le and El
- 2:13:17Murdoch so money from this was used to
- 2:13:19pay back some of that money yes
- 2:13:32sir who signature is that on this
- 2:13:35particular check uh number
- 2:13:3729721 that's Russell Le
- 2:13:41Fates and who is that cashier check made
- 2:13:44out to Randolph Murdoch III
- 2:13:53who was that cashier's check made out to
- 2:13:55this is made out to um AR lefy as
- 2:13:58conservator for Malik Williams who's
- 2:14:01Malik Williams Malik Williams was
- 2:14:03another client that Russell was a
- 2:14:05conservator for that Russell loaned
- 2:14:07money to elic out of that
- 2:14:09conservatorship and this is a payment
- 2:14:10back on that conservatorship loan when
- 2:14:13you say conservatorship Russell was put
- 2:14:15in charge of of dealing with uh C money
- 2:14:19on their behalf yes
- 2:14:21and he was loaning money to himself and
- 2:14:23to
- 2:14:24Alec he did out of pler I'm not sure
- 2:14:26about Malik Williams but he loaned elec
- 2:14:28money out of M Lake
- 2:14:34waves and then money from some of these
- 2:14:37misappropriations you've identified was
- 2:14:39used to pay those loans back from the
- 2:14:40conservator ship correct
- 2:14:51all
- 2:15:12right show you stage
- 2:15:18333 you recognize this
- 2:15:21this is a dispersement for Russell le as
- 2:15:24conservator for Hakeem pikney right your
- 2:15:28honor this time at offer States 333 in
- 2:15:31a no additional objection you
- 2:15:37admitted all right a little bit ago we
- 2:15:39were looking at case of Natasha Thomas
- 2:15:41is this case related to that one yes are
- 2:15:44they they're both in the same accident
- 2:15:46all right and um I'm going to show you
- 2:15:49uh the dispers sheet on this particular
- 2:15:52one and again we have a recovery here is
- 2:15:54that correct yes and right here we have
- 2:15:57legal fees is that correct correct and
- 2:16:00how much were the legal fees for this
- 2:16:03particular one for this one there was
- 2:16:06$4,980 that would have been credited at
- 2:16:08El that were payable to pmpd and we also
- 2:16:12paid Russell the fee a $60,000
- 2:16:14conservator fee so out of this
- 2:16:17particular one there were legit fees
- 2:16:18earned by of of how much again almost
- 2:16:21$4.1 million
- 2:16:24$498,000 and credited to who ell
- 2:16:30Murdoch on top of that though we scroll
- 2:16:33down and we have this entry right here
- 2:16:35what does that say Peta State Bank
- 2:16:38$39,586
- 2:16:4146 all right where did that money go
- 2:16:44again that went payable to palmeta State
- 2:16:46Bank and it was used with the other
- 2:16:49money from Natasha Thomas to pay off
- 2:16:51loans and for conservatorships and loans
- 2:16:55that he had made personally so for ellex
- 2:16:57personal benefit all right and right
- 2:17:00there do you recognize those signatures
- 2:17:02yes I do whose signature is that Russell
- 2:17:05Le whose signature is that El
- 2:17:08Murdoch right here what is this the
- 2:17:10third page of the exhibit this is the
- 2:17:12check payable to Peta State Bank for
- 2:17:169,581 46 on the behalf of AEM pikney
- 2:17:20settlement and did you have to account
- 2:17:22for that with the client we did and why
- 2:17:24did you have to do that because ellex
- 2:17:26stole that money as
- 2:17:28well as we go through this exhibit are
- 2:17:30these some of the various documents yes
- 2:17:33tell tell the court and the jury what
- 2:17:35these are please uh that would be a loan
- 2:17:37payment on a boat loan that elec held
- 2:17:39personally with the
- 2:17:42bank again another loan payment for that
- 2:17:45same Murdoch Charter Bank
- 2:17:47Loan uh check payable back to Mr Charles
- 2:17:51LEF for a personal loan we don't have to
- 2:17:54go through everyone but that's generally
- 2:17:55these are the expenditures you've
- 2:17:56identified as personal for Al
- 2:18:13yes all right
- 2:18:34couple more I know we've been going for
- 2:18:36a long
- 2:18:37time you had mentioned that uh that one
- 2:18:41instance in which there was the loan
- 2:18:43payment that should have gone to Randy
- 2:18:44Murdoch that instead went to the
- 2:18:45defendant correct that's right and
- 2:18:47ultimately that happened twice and or
- 2:18:50and then it was detected but he paid it
- 2:18:51back is that right that's right and the
- 2:18:55matter kind of went away is that right
- 2:18:56that's right were there other instances
- 2:18:58in which uh El Murdoch used the firm
- 2:19:01credit card for expenditures that were
- 2:19:03not business related he did and in those
- 2:19:05instances what did happen in the
- 2:19:07instances that he used it for personal
- 2:19:09we would deduct it from his annual bonus
- 2:19:12at the end of the year need to pay it
- 2:19:13back he pay it back and the matter would
- 2:19:15be forgotten is that correct
- 2:19:18yes when those things were happening
- 2:19:22at the law firm were yall aware of all
- 2:19:24of this
- 2:19:32no
- 2:19:41and stand by for me real quick
- 2:19:45[Music]
- 2:20:15all right sorry about that just real
- 2:20:19quick when y'all allowed Al to pay back
- 2:20:22the money in those sort of smaller
- 2:20:24instances were you aware of all of this
- 2:20:25no
- 2:20:28sir when you or your staff received
- 2:20:32these dispersement funds from Alec and
- 2:20:34his staff did they cut them in the
- 2:20:36manner in which they were instructed yes
- 2:20:39and why did they do that because they
- 2:20:41trusted him and in the majority of those
- 2:20:43instances that involved client money
- 2:20:45that Alec Muro also received substantial
- 2:20:48legal fees in each one of those cases
- 2:20:50yes
- 2:20:51and in each one of those cases in which
- 2:20:53that happened at least on the ones we've
- 2:20:55gone through according to your review
- 2:20:57did he also uh misappropriate
- 2:20:59substantial money on top of that yes how
- 2:21:01long have you known Alec Murdoch since I
- 2:21:03was 16 so about 50 40 years worked with
- 2:21:08him closely for how long 22 23 years did
- 2:21:12you really know Alec Murdoch I don't
- 2:21:13think I ever really knew them I don't
- 2:21:15think anybody knows them thank you
- 2:21:17nothing further
- 2:21:24so stand for a
- 2:21:25moment cross examination thank you your
- 2:21:28honor
- 2:21:34um your honor could we renew our request
- 2:21:37for limiting instruction we went a half
- 2:21:39a day um hearing all these Financial
- 2:21:42misdeeds and and I'm don't want the jury
- 2:21:45to be lost on what the purpose is
- 2:21:52any comment Mr
- 2:21:56Waters uh ladies and gentlemen I gave
- 2:21:59this limiting instruction yesterday and
- 2:22:01I will repeat it that this evidence of
- 2:22:05these um Financial crimes and other
- 2:22:08crimes uh that you're now having
- 2:22:13receiving testimony on
- 2:22:14it
- 2:22:16um it's regarding the contention that
- 2:22:21the defendant was involved in other
- 2:22:23criminal
- 2:22:25activity uh that is not evidence or
- 2:22:28proof uh of the offenses charged in the
- 2:22:31indictment those charges being for
- 2:22:34murder two counts and possession of a
- 2:22:37weapon during the commission of a crime
- 2:22:39two counts this testimony is being
- 2:22:42allowed for The Limited purpose and
- 2:22:45assisting the state improving motive
- 2:22:50you may not consider it for purposes of
- 2:22:55character of Mr murall nor may you uh
- 2:22:58considered as evidence that he has the
- 2:23:01propensity to commit other crimes or
- 2:23:05that is more likely that he committed
- 2:23:07the crimes with which he is currently
- 2:23:10charged it's being
- 2:23:12allowed based on the
- 2:23:14state's
- 2:23:16representation that it helps explain the
- 2:23:19defendant's motive
- 2:23:21for which he is
- 2:23:23accused and you may
- 2:23:26proceed thank you your
- 2:23:29honor good afternoon
- 2:23:32hi U you have
- 2:23:35U show you exhibit
- 2:23:383:14 just put that up you can do it for
- 2:23:41me
- 2:23:42Doug this is
- 2:23:45um a summary
- 2:23:48of was a a listing
- 2:23:51of clients of the firm
- 2:23:54who the law firm had to reimburse
- 2:23:58because of Alex's misconduct is that
- 2:24:01correct that's correct okay now you have
- 2:24:04been the law firm has been working with
- 2:24:08various law enforcement
- 2:24:10agencies since September of 2021 I
- 2:24:14suspect um sharing all of this
- 2:24:16information yes and and with regard to
- 2:24:21exhibit 314 it would appear that the law
- 2:24:25firm just for all of these
- 2:24:29um um clients have paid out
- 2:24:33over
- 2:24:352 $8 million is that right that's right
- 2:24:39and and in a real way the law firm is a
- 2:24:43victim of of this conduct correct and um
- 2:24:49and as
- 2:24:51and and for each one of these client
- 2:24:55transactions that the law firm had had
- 2:24:58to
- 2:24:59repay mean you're you're aware that Alec
- 2:25:03has pending criminal charges for every
- 2:25:05single one of them I'm aware of that
- 2:25:07okay and the same with the paleta State
- 2:25:11Bank matters that that you talked about
- 2:25:15correct he has pending criminal charges
- 2:25:17for every single one of them yes and and
- 2:25:20we're not here today to try those
- 2:25:22charges on the financial crimes we're
- 2:25:24here you understand you're testifying
- 2:25:28because he's been charged with the
- 2:25:29murder of his wife Maggie and his son
- 2:25:32Paul
- 2:25:35okay and they were murdered on June 7th
- 2:25:392021 correct yes
- 2:25:41sir now some of these it looks like
- 2:25:46according to um your
- 2:25:48testimony that
- 2:25:51this misconduct has been going on since
- 2:25:54as early as 2011 unfortunately when we
- 2:25:58found that out right so
- 2:26:01some 10 years before the murders of
- 2:26:04Maggie and Paul correct that's correct
- 2:26:06he managed to fool a lot of people
- 2:26:08myself included
- 2:26:11understand and I understand you have the
- 2:26:13right to be very hurt and angry about
- 2:26:15that and and are you hurt and angry
- 2:26:17about that oh yes I take it very person
- 2:26:20Al haunts me that I let this or that
- 2:26:24this happened you feel like it happened
- 2:26:26on your watch and I think anybody feel
- 2:26:28normal feeling like that a big betrayal
- 2:26:31of
- 2:26:32trust and Miss second
- 2:26:36J when I'm asking you these questions
- 2:26:39I'm not in any way um diminishing your
- 2:26:43feelings and your anger um I'm just
- 2:26:46trying to flush out how these relate to
- 2:26:50the murder of Maggie and Paul I
- 2:26:52understand that okay thank
- 2:26:54you but it would appear that this has
- 2:26:56been going on for years and years and
- 2:27:00years unfortunately yes it appears and
- 2:27:03it has cost a law
- 2:27:05firm in
- 2:27:082021 and
- 2:27:10still you know over four I me five
- 2:27:14million dollars we paid out that's
- 2:27:15correct and and when we're talking about
- 2:27:17the law firm I mean we're really talking
- 2:27:19about lawyers in The Firm his brother
- 2:27:22Randy correct that's right um Johnny
- 2:27:25Parker who's now the firm's named after
- 2:27:28right Ronnie Crosby right Lee c correct
- 2:27:31Mark Ball correct and and others that
- 2:27:34have come out of their pocket to
- 2:27:36reimburse clients yes they did
- 2:27:50now the the the
- 2:27:54forge well let let me let me let me
- 2:27:57strike
- 2:27:59that on June
- 2:28:037th 2021 the day Maggie and Paul were
- 2:28:09murdered you went to Alex's office
- 2:28:13sometime in the early afternoon or
- 2:28:15midafternoon
- 2:28:16and and to try to get to the bottom of
- 2:28:20where's the fee that Chris Wilson's
- 2:28:24office says they wrote to you for the
- 2:28:27feris case correct right and he looked
- 2:28:30at you and he said what do you want now
- 2:28:33right yes he did when I was coming up
- 2:28:35the steps and you said I wouldn't be
- 2:28:37doing my job if I wasn't up here asking
- 2:28:39you about this that's correct and and I
- 2:28:41think you said he kind of had a angry
- 2:28:44look ini when I walked up the steps he
- 2:28:47gave me a very disgusted look said what
- 2:28:49do you need
- 2:28:50now but then once you got in his office
- 2:28:53his demeanor changed and did and he
- 2:28:55assured you that the the
- 2:28:58check was the funds were still in Chris
- 2:29:01Wilson's trust account right he did and
- 2:29:05um as
- 2:29:10we and as sort of fast forward and
- 2:29:14September the 3D I believe it was
- 2:29:172021 um Annette geswall from your firm
- 2:29:22found a cancel check written from elec
- 2:29:25from excuse me Chris Wilson's Law Firm
- 2:29:27directly to ell Murdoch right yes sir
- 2:29:33okay and that check wasn't written a
- 2:29:36Ford's Consulting no it was written to
- 2:29:38Richard Alexander Murdoch
- 2:29:40Esquire and of all of these um papers
- 2:29:45that that you have
- 2:29:47been have been introduced in part of
- 2:29:50your
- 2:29:51investigation that's that's the only
- 2:29:55time that at least in these documents
- 2:29:58that that you brought the court where
- 2:30:00Alec has gotten a check directly
- 2:30:03personally from another law firm and it
- 2:30:06didn't go to the to pmed right we
- 2:30:10discovered during the investigation that
- 2:30:12there had been another time that that
- 2:30:13had happened but that was not discovered
- 2:30:16by myself okay and that was with Chris
- 2:30:19will firm also yes
- 2:30:24okay but all of the other stuff that you
- 2:30:28brought here and talked about since 9:30
- 2:30:31or so this
- 2:30:33morning involved this fake Forge account
- 2:30:36right correct and then there's some
- 2:30:40stuff
- 2:30:41involving um Palo State Bank Going Back
- 2:30:452010 2011 12 13 early on correct
- 2:30:50um with regard
- 2:30:53to the
- 2:30:57um the events of June the 7th when you
- 2:31:02went and talked to elec and you were
- 2:31:05asking him about where's the fee money
- 2:31:08um you had previously spoken to I guess
- 2:31:13Lee cope or someone in The Firm Lee
- 2:31:16hope and um and and wasn't the concern
- 2:31:20at the
- 2:31:21time that that Alec was trying to
- 2:31:26Shield income from disclosure in the in
- 2:31:30the
- 2:31:32lawsuit that where he was a
- 2:31:34defendant uh that where he was being
- 2:31:36sued following the boting crash where
- 2:31:40mallerie Beach lost her life tragedy yes
- 2:31:42at that point we thought he was trying
- 2:31:44to shelter money or move money into his
- 2:31:46wife's name or reduce his income for the
- 2:31:49Year by nine claiming tax by not
- 2:31:51colliding a fe right and it and it
- 2:31:54really and and one of the reasons you
- 2:31:56thought that is
- 2:31:58because you had talked to him about what
- 2:32:01looked to be an odd way to structure an
- 2:32:03attorney's fee with the herburger case
- 2:32:06correct and he explained that he didn't
- 2:32:09care about the tax consequences he was
- 2:32:11just trying to get money in the Maggie's
- 2:32:14name and not his name because of the
- 2:32:16boating accident that's correct and and
- 2:32:19that was the
- 2:32:22the concern and alarm within the firm is
- 2:32:25that we're not going to participate in
- 2:32:27any way to Shield High income from civil
- 2:32:33disclosure in a court proceeding that's
- 2:32:37correct cuz
- 2:32:39that goes against the the ethics and
- 2:32:43standards of the law firm and lawyers in
- 2:32:45that firm that's correct and no one at
- 2:32:48the time was thinking that was stealing
- 2:32:50money from The Firm
- 2:32:54right I had my suspicions on whether it
- 2:32:56was really in there but we were not
- 2:32:59pursuing it as stolen money
- 2:33:01okay and um and and you had seen that
- 2:33:05and I think it was May of 2021 or May
- 2:33:0812th or something um that a dispersement
- 2:33:11sheet where attorneys fees went to forge
- 2:33:15on the herburger settlement correct now
- 2:33:17it's not the first time the lawyer
- 2:33:20well lawyers in The Firm have previously
- 2:33:23structured attorney's fees in big
- 2:33:26settlement cases haven't they once one
- 2:33:29time and and the way that works
- 2:33:32is the the money goes from the defendent
- 2:33:36insurance company or defendant company
- 2:33:38or
- 2:33:39or the source of payment it goes not to
- 2:33:42the fall firm and then to the lawyer it
- 2:33:45goes to some Financial entity whether
- 2:33:48it's insurance company or
- 2:33:50something and then that money is then
- 2:33:52paid out in annuity over the years to
- 2:33:55the lawyer that would be the correct way
- 2:33:57and that's and you delay taxes by not
- 2:34:00taking the money right correct and
- 2:34:03that's that's how it was done in the
- 2:34:04past correct the one time it was done
- 2:34:07right
- 2:34:08okay and and your your concern here
- 2:34:13was that's not how you do it because it
- 2:34:15looked like the money came into the firm
- 2:34:17and then it was written out to forge
- 2:34:20for structure of a payment according to
- 2:34:23alen correct it would not have been the
- 2:34:26way it came in it would not have been
- 2:34:27credited to his account it would have
- 2:34:29just looked like it was going out as an
- 2:34:31item so it would not have been accounted
- 2:34:32for correctly right and he also did not
- 2:34:36discuss it with anybody in The Firm or
- 2:34:38have permission to do
- 2:34:40that and and and the one time that that
- 2:34:43it happened
- 2:34:44previously I don't know what the amount
- 2:34:46of the fee was but but the point of the
- 2:34:48matter is that never came into the firm
- 2:34:51but all the partners knew about it you
- 2:34:53knew about it and you were able
- 2:34:55to include it in your calculations yes
- 2:34:59including the 7 and half% that the
- 2:35:02lawyer is responsible for paying into
- 2:35:05the I guess to the to the kitty
- 2:35:08distribution fund or whatever it is yes
- 2:35:11that's sort of a Le leveling account
- 2:35:13that helps lawyers who haven't had a
- 2:35:16good year brings them up and you know
- 2:35:19just sort of Smooths out kind of Smooths
- 2:35:21out overhead the different offices
- 2:35:23having different
- 2:35:26costume but when when Alec had given you
- 2:35:29that explanation and you
- 2:35:32said there's no that's not proper you're
- 2:35:35going to get taxed and he said that
- 2:35:38um I don't
- 2:35:40care you know I'm trying to get money in
- 2:35:42Maggie's name help Michael gun out I
- 2:35:46mean
- 2:35:46that you never talk to Alec about about
- 2:35:49the herburger fee again did
- 2:35:53you not to my recollection not since
- 2:35:56after the murders happen we did not
- 2:35:58discuss any of
- 2:36:03that the
- 2:36:07um and we and and the Chris Wilson issue
- 2:36:11was there's a settlement in the feris v
- 2:36:14ma truck case uh the law firm receives
- 2:36:17an expense check to re The Firm for the
- 2:36:20expenses but where's the fee where's the
- 2:36:23fee and that's what started the
- 2:36:25questions being asked that's right
- 2:36:27okay and and you went in on June
- 2:36:327th to ask Alec about
- 2:36:36that you know you got to show me proof
- 2:36:39If in his trust account is that right
- 2:36:41right I had I told him we had reason to
- 2:36:43believe that he had received the money
- 2:36:45and I needed to proof that he had not
- 2:36:48and and and during that meeting he
- 2:36:51received a
- 2:36:52call that his father was being put back
- 2:36:55in the hospital or was in the hospital
- 2:36:58and was terminal that they
- 2:37:00had decided that there was nothing else
- 2:37:03they could do for him and he'd be
- 2:37:04terminal and you took off your CPA hat
- 2:37:08and your CFO hat and
- 2:37:11you befriended him correct because you
- 2:37:16knew how close he was to his father is
- 2:37:18that right I do and you know um and this
- 2:37:22father had was a well-known lawyer and
- 2:37:27it was a legacy name in that law firm
- 2:37:30that didn't really mean anything to me
- 2:37:32i' just known him since I was 15 16
- 2:37:35years old I didn't think of him in terms
- 2:37:37of of that I thought of him in terms of
- 2:37:40a friend and my friend's father right
- 2:37:43and the Alex was close to his father
- 2:37:46Yes and his mother as far as I know
- 2:37:50and his family he he was close to his
- 2:37:52family as far as I know I had not spent
- 2:37:54any time with him around his family in
- 2:37:56over 17 years okay um but but after you
- 2:38:03learn that his father was going back in
- 2:38:05the hospital or was in the hospital and
- 2:38:07was terminal well just fast forward this
- 2:38:10was the 7th of June correct yeah the
- 2:38:13Monday the 7th yeah and on the
- 2:38:1610th uh Mr Murdoch died did he not I
- 2:38:21believe that was the date yes okay just
- 2:38:22a few days after this he
- 2:38:24died of natural causes
- 2:38:29yes and so when you learned on the 7th
- 2:38:32that his father was terminal or going
- 2:38:34back in the
- 2:38:35hospital um you became his friend and
- 2:38:39you you didn't continue your
- 2:38:41inquiry
- 2:38:43um anym that day cor no because I had
- 2:38:46told him what I needed and he knew what
- 2:38:48I was expecting to get back and I was
- 2:38:50under the impression he was leaving to
- 2:38:52go care for his father and um in our
- 2:38:54firm we're very family oriented and
- 2:38:56anytime there's an emergency or
- 2:38:58something we need to do we Grant the
- 2:39:01person the time off and I made the
- 2:39:03Assumption he was going to go take care
- 2:39:05of that right and then
- 2:39:09um then you learn that night that Maggie
- 2:39:15and Paul were murdered right
- 2:39:21what was
- 2:39:24your I think you said um in your
- 2:39:27testimony that your initial reaction you
- 2:39:28were scared you were
- 2:39:31afraid what were you scared
- 2:39:33of well when this happened there was a
- 2:39:36lot of rumors rolling around um nothing
- 2:39:39this violent had ever happened we didn't
- 2:39:42know who had gone after his family if
- 2:39:46somebody was going to come after him if
- 2:39:48somebody was going to come to office and
- 2:39:50come after him there was just a lot of
- 2:39:51diss settlement in the office um and
- 2:39:56constantly having to employees were
- 2:40:00scared but your mind didn't go
- 2:40:05to gosh I bet he killed his wife and son
- 2:40:08because I asked him about the ferris
- 2:40:10feed right no
- 2:40:20then after that you you didn't continue
- 2:40:24investigating the feris fee you you you
- 2:40:27let Lee cope deal directly with Chris
- 2:40:30Wilson Lee cope advised me that he would
- 2:40:32take over
- 2:40:35okay but the inquiry and the ferris fee
- 2:40:38didn't stop because Maggie and Paul were
- 2:40:39murdered did
- 2:40:41it it did as far as talking to
- 2:40:45Alec well I mean Alec told you what he
- 2:40:48told you and then the inquiry was is he
- 2:40:51telling the truth and let's deal
- 2:40:53directly with Chris Wilson right
- 2:40:55correct so the inquiry didn't
- 2:40:59stop with Maggie and Paul's murder did
- 2:41:01it it stopped for a period of
- 2:41:03Time how long couple weeks couple of
- 2:41:11weeks maybe a
- 2:41:13month maybe a
- 2:41:16month the death of his wife and son
- 2:41:20guiding 30 days reprieve on your
- 2:41:23investigation into the ferris matter is
- 2:41:25that is that what happened well it did
- 2:41:28and then we received a word from Chris
- 2:41:30at that point we still did not receive
- 2:41:32the documentation so it did delay
- 2:41:34receiving the
- 2:41:38documentation now let's be
- 2:41:41clear when you're looking into the
- 2:41:43fair's matter and you go in on June
- 2:41:477th it wasn't reported to you by Maggie
- 2:41:49Murdoch that hey I think Alex's stealing
- 2:41:52money you didn't have any conversation
- 2:41:54with Maggie about that did I never have
- 2:41:55conversations with
- 2:41:57Maggie or Paul he wasn't involved in any
- 2:42:00way with the feris fee to your knowledge
- 2:42:02was I've never had a conversation with
- 2:42:09Paul and then you go
- 2:42:13um I mean Lee cop's dealing with Chris
- 2:42:16Wilson's office and then turns out
- 2:42:22um turns out that
- 2:42:25um Chris Wilson sends an email to Alec
- 2:42:29saying the money's on my trust account
- 2:42:30and Alec forwards it on to you and Lee
- 2:42:33coat that
- 2:42:34correct and and once that happened there
- 2:42:37there was no rush to grab the money out
- 2:42:40of Chris Wilson's trust account was
- 2:42:43there in July of 2021 we did not make
- 2:42:46the rush at that point because we had
- 2:42:47enough operating mounting and we were
- 2:42:50going to come back to it typically the
- 2:42:51attorney dealing with that case would
- 2:42:53handle it and ell was not in the office
- 2:42:55very much okay so money had the firm had
- 2:42:59plenty of money to operate and you just
- 2:43:01needed to get the money in to the firm
- 2:43:03by the end of the year when you did the
- 2:43:04bonuses is that pretty much how things
- 2:43:06were being looked at in June July of
- 2:43:082021 I don't know that we would have
- 2:43:10waited till December but we just were
- 2:43:12not doing it at that point in that
- 2:43:14summer it was
- 2:43:15actually um just an irregular summer but
- 2:43:19personally and professionally keeping up
- 2:43:20with other
- 2:43:22obligations in time frame to get
- 2:43:25it and and so in September
- 2:43:28of 2021 you doing your CFO
- 2:43:33job um you decide
- 2:43:37to and you have this herburger thing you
- 2:43:40know on your desk or I mean you said it
- 2:43:43was on your desk was it on desktop or
- 2:43:44just had a sheet of paper well it's kind
- 2:43:46of where my important stuff is that I
- 2:43:49need to get back to so it's sitting
- 2:43:50right under a monitor right in front of
- 2:43:52my
- 2:43:53face and and you
- 2:43:55um you talked about you had a number of
- 2:43:58commitments and and it's personal issues
- 2:44:01I think you said I don't want to know
- 2:44:03about your personal issues but what I do
- 2:44:05want to establish
- 2:44:07is Maggie and Paul's murder did not
- 2:44:10cause you to delay and following up on
- 2:44:13the herburger matter did
- 2:44:17it in some ways yes because it the the
- 2:44:21shock of it and the delay and the things
- 2:44:23going around the office did but but the
- 2:44:27true delay came in me finding the time
- 2:44:29to do it yeah you had a lot of other
- 2:44:32things going on
- 2:44:36yes and and what you decided to do is to
- 2:44:40see if there were some
- 2:44:43other kind of structured fees that Alec
- 2:44:46had done in in 2021 one to um to sort of
- 2:44:52like you did the herburger case cuz you
- 2:44:54needed to know what his gross
- 2:44:57collections were and how much he owed to
- 2:44:59the firm and that's why you looked in
- 2:45:02September 2021 right correct and I'm
- 2:45:05also still suspicious you know in my own
- 2:45:08mind I wanted to make sure that he had
- 2:45:09accounted for everything and that we had
- 2:45:11indeed collected everything
- 2:45:14right and um and so you ran a report
- 2:45:19at the law firm
- 2:45:23of clients
- 2:45:26with settlements I mean tell us what you
- 2:45:30did well I started running a report of
- 2:45:33all the fees that he had collected and
- 2:45:35started looking through those
- 2:45:36dispersements and then it came to me
- 2:45:38that I could probably shortcut this a
- 2:45:40little just by printing off payments to
- 2:45:43forge and then I started focusing on
- 2:45:46those first and that's when I found the
- 2:45:48check and the information that I found
- 2:45:52and that
- 2:45:54um well let's do you remember about what
- 2:45:59his fee collections were about September
- 2:46:02of
- 2:46:032021 I've got so many numbers in my head
- 2:46:06but they were they were over a million
- 2:46:08probably between a million and two
- 2:46:10million two to three million they a
- 2:46:12million to two million oh million to two
- 2:46:14million of fee income that he had
- 2:46:17collected correct when you run this
- 2:46:20report and did that include or not
- 2:46:24include the 792 on the feris case it did
- 2:46:27not so if you had the feris case it
- 2:46:30could have been over 2 million I guess I
- 2:46:33can't swear to what his number was I
- 2:46:34look at numbers all day long but that's
- 2:46:36the recollection of the range he would
- 2:46:38have been
- 2:46:39in and and after this
- 2:46:43um after you've learn about this fake
- 2:46:46Forge account ell
- 2:46:49didn't and he he was forced to resign
- 2:46:52from The Firm that that's correct the
- 2:46:54day of the next day right the next
- 2:46:57day and so that money that came into the
- 2:46:59firm was used by The Firm to pay
- 2:47:03off some of these victims right we have
- 2:47:06done some of that
- 2:47:11yes now the
- 2:47:15um the discovery of the fake Forge
- 2:47:20account when you were sort of when you
- 2:47:23ran the report on Forge that shocked you
- 2:47:26didn't it
- 2:47:29yes that information had been in the
- 2:47:33systems of the law
- 2:47:36firm going back I guess to 2015 when
- 2:47:39that fake Forge account was first opened
- 2:47:42I don't know when I don't think it was
- 2:47:44open that far back but I had no reason
- 2:47:47to suspect anything was going on we had
- 2:47:50no clients complaining about money
- 2:47:52missing trusted him we had no reason to
- 2:47:56look right V A lot of people like I said
- 2:48:00myself and US
- 2:48:03included and and and that's a that's a
- 2:48:05good point there clients
- 2:48:08weren't calling up complaining around
- 2:48:10June 7th that hey y'all need to be
- 2:48:13looking at Alec because you know
- 2:48:16something's a miss here that wasn't
- 2:48:17happening around June was it no and
- 2:48:20shamefully when we did talk to the
- 2:48:21clients they talked about how much they
- 2:48:23trusted El and how much he thought of
- 2:48:25them and how that they were shocked and
- 2:48:27confused by the fact that he had
- 2:48:29manipulated him and Confused them all
- 2:48:31these
- 2:48:33years so it sounds to me like on June
- 2:48:367th you you didn't observe some pressure
- 2:48:38cooker going off within the firm as to
- 2:48:41how Alec was handling his business I
- 2:48:43don't know about anybody else's pressure
- 2:48:45cooker I know I was putting pressure on
- 2:48:47him to get the answers for the fairis
- 2:48:49space and and it was
- 2:48:53a it it was a Brotherhood of lawyers
- 2:48:57that in the past if they've caught
- 2:48:59with getting more than what they were
- 2:49:01entitled to they pay it back and you let
- 2:49:03bygones be bygones that's how it's
- 2:49:05operated in the past right on trust yes
- 2:49:09right
- 2:49:20now the so you you ran a report on
- 2:49:24information
- 2:49:25that had had been in the systems for
- 2:49:28years that correct correct and
- 2:49:31the tragic murders of Maggie and Paul
- 2:49:34didn't didn't do anything to affect what
- 2:49:37was in your
- 2:49:39systems
- 2:49:45right and you just started looking
- 2:49:47because you had
- 2:49:50um had a conversation with Alec back in
- 2:49:54May about the herburger fee going to
- 2:49:57forge not an appropriate structural
- 2:50:00structured
- 2:50:01Manner and um that was in early May and
- 2:50:04you never had another conversation with
- 2:50:06him about that right well May and June
- 2:50:09in between it was late May and June the
- 2:50:12conversations about both were kind of in
- 2:50:14tandem because every time we would talk
- 2:50:16about H Ferris he would bring up I'm
- 2:50:19going to structure fees but it never
- 2:50:21specifically readdressed the fact that
- 2:50:24herburger it did address the fact that
- 2:50:26he should not be doing this again and
- 2:50:28that if he should he needed to let
- 2:50:30somebody know I believe ell meanwhile
- 2:50:32was going around complaining to my
- 2:50:34partners about why I was on his
- 2:50:36case to his Partners
- 2:50:39yes and the
- 2:50:42um now just to be clear the the
- 2:50:45fairest fee money was
- 2:50:49I mean it didn't show up on any of these
- 2:50:51reports and it was all paid into the law
- 2:50:53firm was it not it was after after
- 2:50:57sometime after
- 2:51:06September so here you are on on
- 2:51:08September the 3 and you are um running a
- 2:51:13report you see a lot of Forge checks on
- 2:51:17Alex client files and you start printing
- 2:51:21off the checks that's correct that's
- 2:51:23that's how you discovered it I mean it
- 2:51:25was did
- 2:51:28that Alex not only he's signing checks
- 2:51:31to forge he's endorsing the checks and
- 2:51:33putting them into the bank correct and
- 2:51:35at the same day is when Anette found the
- 2:51:37check on his office that had been
- 2:51:39payable to him for the fairis fees yeah
- 2:51:41I was going to get to that so it just I
- 2:51:44mean that that was pure coincidence yes
- 2:51:46that the timing of that pure
- 2:51:53coincident and Alec as you understood
- 2:51:56was confronted um that perhaps the next
- 2:52:01day or that on Friday morning I believe
- 2:52:03that was Friday the third so it was the
- 2:52:06same day that that you I did mine on
- 2:52:08Thursday the second so the second you
- 2:52:11did your
- 2:52:32now on the 7th in the afternoon
- 2:52:36Alec called you and asked you what his
- 2:52:40balance was and his Law Firm retirement
- 2:52:43plan yes sir and he told you he was
- 2:52:47working on the financial disclosure Ure
- 2:52:49for the voting accident case yes and um
- 2:52:53and and he had called you on other
- 2:52:55occasions to get that balance because he
- 2:52:57was filling out financial statements for
- 2:52:59one thing or another right he had before
- 2:53:01yes okay and
- 2:53:05um and do you
- 2:53:09know would you know he didn't have any
- 2:53:11life insurance on mager Paul do you know
- 2:53:14that I have no awareness of that
- 2:53:40that's all the questions I have redirect
- 2:53:42very briefly your
- 2:53:47h you were asked some questions
- 2:53:51about when you
- 2:53:54uh had the conversation about the feris
- 2:53:57fees and what was your concern then with
- 2:54:00just the feris fees back at that point
- 2:54:02in time on June 7th that he was trying
- 2:54:05to shelter money from the boat wreck or
- 2:54:07move assets out of his name or either
- 2:54:09delay collecting fees so trying to hide
- 2:54:12income from the boat r at that point in
- 2:54:15time did you have any idea about any of
- 2:54:17all of this I did not
- 2:54:22you were
- 2:54:23asked
- 2:54:25about prior
- 2:54:28instances in which there had been like
- 2:54:31the the loan the double loan payment and
- 2:54:33the credit cards and Alec paid that back
- 2:54:35right that's right and he paid that back
- 2:54:37and everything was forgotten is that
- 2:54:39correct that's right you were asked
- 2:54:41about whether or
- 2:54:45not all of this was in your systems
- 2:54:48that's correct and it was in your
- 2:54:50systems wasn't it it was since 2011
- 2:54:53correct that's right and he had gotten
- 2:54:55away with it all that time he
- 2:55:05did I believe you testified that on June
- 2:55:08the 7th 2021 when you went in to talk to
- 2:55:12Alec Murdoch that you had your
- 2:55:14suspicions correct I did and you
- 2:55:17demanded what what did you you demand I
- 2:55:18demanded proof that the money was
- 2:55:21actually in the account I wanted the
- 2:55:22ledgers showing the transactions and did
- 2:55:26you tell him what you believed did you
- 2:55:27tell him why you wanted that proof I
- 2:55:30told him I believed I had reason to
- 2:55:32believe that he had received the fee
- 2:55:34payable to
- 2:55:40him you're asked a little bit about the
- 2:55:43law firm and his father was in the law
- 2:55:46firm or had been he had had been yes was
- 2:55:49his grandfather in the law firm yes was
- 2:55:51there a long history of of that family
- 2:55:55name in this Law Firm yes is it the most
- 2:55:58prominent law firm in in the area I
- 2:56:00believe so yes a very prominent family
- 2:56:03name
- 2:56:09yes all this has been in your system
- 2:56:11since 2011 yes
- 2:56:25once the murders happened it didn't seem
- 2:56:28right to be raising those issues with
- 2:56:29the defendant then did it no it didn't I
- 2:56:33leave the witness after the murders
- 2:56:35happened did it seem right to you to
- 2:56:37raise those issues to the defendant no
- 2:56:39as I stated earlier we were concerned
- 2:56:41about the welfare of el and the feelings
- 2:56:43of himself um he was not at work when we
- 2:56:48were trying to make sure that he was
- 2:56:50emotionally okay and able to deal with
- 2:56:52things before we pressured him about
- 2:56:54anything and then just a few weeks later
- 2:56:57is still in I mean just in July are you
- 2:56:59still in shock from all of these murders
- 2:57:01yes and did did ultimately you get an
- 2:57:03email from Chris Wilson I did on July
- 2:57:0619th and what did that email say Chris
- 2:57:08said that he had the money in the trust
- 2:57:10available to us he's got the money it's
- 2:57:13no big deal correct correct
- 2:57:21did you still though in the back of your
- 2:57:22mind have some suspicions going back for
- 2:57:24a while I had suspicions that I didn't
- 2:57:27really believe that because I'd yet to
- 2:57:29see The Ledger or the proof and it
- 2:57:31seemed like there was no reason not to
- 2:57:33send that to me if something wasn't
- 2:57:35going on
- 2:57:56when
- 2:58:01ultimately you turn back to these issues
- 2:58:04and that Chris Wilson check was
- 2:58:12found did that result in the uncovering
- 2:58:15of all of this it did did did that
- 2:58:18result in him losing his job at the law
- 2:58:21firm it did where his family name had
- 2:58:24been a fixture there for decades correct
- 2:58:27did that La result in him losing his
- 2:58:30license to practice law it did and the
- 2:58:33defense asked you that did that result
- 2:58:35in him
- 2:58:36facing a ton of criminal charges based
- 2:58:39on all of that
- 2:58:44yes all of that was on the cus of being
- 2:58:46uncovered was it not
- 2:58:49was that on the cust of being
- 2:58:56uncovered any
- 2:58:58further exam very briefly M sec
- 2:59:04seconder I mean the finding the Chris
- 2:59:07Wilson check was coincidental to your
- 2:59:11work on the forge
- 2:59:13account uh research
- 2:59:16correct yes but as we uncovered the
- 2:59:18forge we knew we had a problem
- 2:59:21understand and it was the forge issue
- 2:59:23that led to all of
- 2:59:26this it would have eventually been the
- 2:59:29issue if we' requested Chris Wilson
- 2:59:32regrettably that we did not in July we
- 2:59:34would not have received the money
- 2:59:36because the money was not in there we
- 2:59:37found that out later well we'll find out
- 2:59:41about that but the so the Chris Wilson
- 2:59:45issue is a oneoff compared to all these
- 2:59:48other transactions that you brought here
- 2:59:50today right that's right all right thank
- 2:59:53you you may step down thank you
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