Trials of Judicial Shame  - The Who's Who Tragedy

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4184
United States District Court
21 Two Uniondale Avenue
Uniondale, New York 11553
22 (516) 485-6558

23
Proceedings recorded by mechanical stenography, transcript
24 produced by Computer-Assisted Transcription
25

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4186

1 A F T E R N O O N S E S S I O N

2

3 (The following takes place in the absence of the

4 jury.)

5 THE COURT: I see that Mr. Nelson and

6 Mr. Trabulus got here all right?

7 You were taken care of promptly?

8 MR. NELSON: Yes.

9 THE COURT: There has been a waiver by

10 Mr. Reffsin and Mr. Wallenstein; is that correct?

11 MR. GEDULDIG: Yes.

12 THE COURT: And you are representing Mr. Reffsin
13 today; is that correct, Mr. Geduldig?

14 MR. GEDULDIG: That's correct.

15 MR. NEVILLE: There are some people back there

16 who are having too much fun.

17 THE COURT: Since they are my people I better get

18 back there.

19 (Whereupon, the jury at this time entered the

20 courtroom.)

21 THE COURT: Good afternoon, members of the jury.

22 Please be seated.

23 Again my compliments. I timed it, 1:27, you were
24 all here, not 1:30, 1:27.
25 You may proceed.

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4187

1

2 D E B R A B E N J A M I N,

3 called as a witness, having been previously

4 duly sworn, was examined and testified as

5 follows:

6

7 REDIRECT EXAMINATION (cont'd)

8 BY MR. WHITE:

9 Q Now, Ms. Benjamin, do you recall yesterday you were

10 asked questions by Mr. Nelson about the four levels of

11 review of customer's qualifications?

12 A Yes.

13 Q Now, I want to go over with you those levels of

14 review.

15 The first one that Mr. Nelson talked about was

16 the selection of the mailing lists themselves; do you

17 remember that?

18 A That's right.

19 Q And you were deeply involved in that; is that

20 correct?

21 A Yes.

22 Q Now, you also said yesterday in response to a

23 question from Mr. Trabulus, that except for unusual -- let
24 me rephrase the question.
25 Except in certain infrequent occasions, the

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4188
Benjamin-redirect/White


1 actual tapes that had the names on the mailing list were

2 not usually at the Who's Who offices; is that right?

3 A That's rig ht.

4 Q And they would go from the mailing list broker to the

5 mailing house; is that correct?

6 A That is correct.

7 Q Now, at the time that you were selecting the lists,

8 did you know even a single name on that list?

9 A Do you mean have knowledge of it? No.

10 Q So, if you bought a list of 50,000 names, how many of

11 those individual person's names would you know?

12 A None in advance.

13 Q And when you selected a list, would you know whether

14 any person whose name was on that list had any career

15 achievements?

16 A In some cases yes, and in some cases no.

17 Q Okay.

18 Tell us the cases where you would know the career

19 achievements?

20 A Well, when you segmented a list -- by segment, it is

21 broken down into different portions -- there were lists

22 selectable by title.

23 Q Now, aside from the title, just the person's title,
24 would you know any other career achievements that they
25 had?

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4189
Benjamin-redirect/White


1 A No.

2 Q Now, do you recall yesterday we looked at a list that

3 was purchased or rented of American Bar Association

4 members; do you remember that?

5 A That's correct.

6 Q Using that as an example, when you rented the ABA

7 list, would you know how long a member on that -- a person

8 on that list had been an attorney?

9 A No.

10 Q Would you know if they had just passed the bar?

11 A No.

12 Q Would you know if they were new in practice or were a

13 federal judge?

14 A No.

15 Q Would you know if they were respected by their peers?

16 A No.

17 Q Would you know if they ever won any case?

18 A No.

19 Q Would you know if they ever che ated their clients?

20 A No.

21 Q Is that correct, the one fact you would know, and the

22 one fact only, is that they belong to the ABA?

23 A That's correct.
24 Q Now, you recall we also looked at mailing list rental
25 invoices that related to magazines; is that right?

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4190
Benjamin-redirect/White


1 A That's correct.

2 Q And in that case would you know anything about the

3 job of the person other than perhaps the title?

4 A No.

5 Q Do you know their age?

6 A No.

7 Q Would you know their education?

8 A No.

9 Q Again, you would know one fact and only one fact

10 only, the fact that they subscribed to that magazine; is

11 that right?

12 A That's right.

13 Q Now, let's talk about the second level of screening

14 that Mr. Nelson asked you about. What he identified as

15 the second level of screening is when the cards were

16 returned and they were sorted by members of the

17 administrative department; is that right?

18 A That's correct.

19 Q Now, who did this in administration?

20 A Well, people that worked under Liz Sautter.

21 Q And are those the people you referred to earlier as

22 the data entry girls?

23 A Yes.
24 Q And where did they do this?
25 A In the conference room.

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4191
Benjamin-redirect/White


1 Q You said in response to Mr. Schoer's questions, that

2 they did this behind closed doors, right?

3 A Yes.

4 Q And after they finished sorting it, what did they do

5 with it?

6 A From my recollection they were put into decks of

7 cards and then were turned over to Liz. They were counted

8 and sorted.

9 Q And Liz put them in the administrative office under

10 lock and key, right?

11 A Yes.

12 Q And you weren't in the conference room when they were

13 sorting them regularly, were you?

14 A No.

15 Q And in fact, you weren't usually there, were you?

16 A No, not usually.

17 Q Do you recall several days ago Judge Spatt asked you

18 how long you were there, how often you were there and you

19 said once every couple of weeks you would maybe stick your

20 head in; is that right?

21 A That's right.

22 Q Mr. Schoer asked you, that insofar as you knew those

23 girls simply perused them; is that right?
24 A That's right.
25 Q And you said in response to Mr. Schoer's questions

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4192
Benjamin-redirect/White


1 you don't know if they pulled out unqualified peopl e, do

2 you?

3 A No, I don't know for a fact.

4 Q So that is the second level of review. Let's talk

5 about the third level of review that Mr. Nelson

6 mentioned. That's the salesperson and what they did with

7 the card in the sales departments.

8 Now, were you involved in the telemarketing and

9 sales end of the business?

10 A No.

11 Q Did you ever walk up and down the aisles where the

12 salespeople were, listening to them on a regular basis?

13 MR. TRABULUS: Objection to form.

14 THE COURT: Leading?

15 MR. TRABULUS: Yes, and the term is

16 contradictory, did you ever, and then on a regular basis.

17 MR. WHITE: I will take out the "ever".

18 THE COURT: That's good, Mr. Trabulus. I didn't

19 pick that up. Sustained.

20 Q Ms. Benjamin, did you on a regular basis walk up and

21 down the aisles listening to what the salespeople did?

22 A Not on a regular basis, no.

23 Q Now, do you know of personal knowledge as to whether
24 a salesperson ever disqualified someone -- let me not fall
25 into the same trap I fell into before.

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4193
Benjamin-redirect/White


1 Do you know if on a regular basis salespeople

2 disqualified members because of their qualifications, of

3 your own personal knowledge?

4 MR. TRABULUS: Objection to form, your Honor.

5 THE COURT: Overruled.

6 Q You can answer?

7 A I would like to just understand what you mean by

8 regular. I mean, there were sales people who went through

9 their decks and would eliminate cards.

10 Q Do you know of your own knowledge if they did that of

11 your own personal knowledge?

12 A Yes.

13 Q Now, did the sales people have a quota that they had

14 to meet?

15 A That I wasn't a hundred percent sure of.

16 Q Well, did the salespeople work on commission?

17 A Yes.

18 Q So, the more salespeople made, the more money they

19 made, correct?

20 MR. JENKS: Objection, your Honor.

21 THE COURT: Overruled.

22 MR. GEDULDIG: I have an objection.

23 THE COURT: Since two have an objection, I will
24 listen now. Not that I didn't listen to you, Mr. Jenks,
25 of course.

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4194
Benjamin-redirect/White


1 MR. GEDULDIG: Mr. White is asking a whole series

2 of questions regarding salespeople's job responsibilities,

3 and he is asking if she has knowledge of them having a

4 quota. That is precisely something she cannot answer.

5 MR. WHITE: Precisely my point, your Honor, they

6 went into this yesterday and she has no knowledge of

7 this.

8 MR. GEDULDIG: I didn't open any doors on behalf

9 of Ms. Haley. And I am objecting about Mr. White asking

10 Ms. Benjamin about job responsibilities of my client. I

11 didn't open any doors.

12 THE COURT: I don't know if you opened any doors

13 or not. I will let her answer the questions. If she

14 doesn't know, she will testify she doesn't know. She is

15 third in command of the operation, and I think she can

16 answer some of these questions. If she doesn't know, she

17 will say so.

18 MR. TRABULUS: I will object that it is beyond

19 the scope of the cross.

20 THE COURT: Not in my view. I think it is

21 precisely within the exact scope of the cross. Because I

22 recalled her being asked all these questions about certain

23 screening apparatus in place.
24 MR. TRABULUS: Yes. But not quotas and
25 commissions.

HARRY RAPAPOR T, CSR, CP, CM OFFICIAL COURT REPORTER
4195
Benjamin-redirect/White


1 THE COURT: Well, that's part of the screening

2 apparatus.

3 MR. JENKS: I will ask you to instruct Mr. White

4 not to lead the witness. The last couple of questions

5 were leading in nature and they call for a one word

6 answer.

7 THE COURT: You are right. I have been letting

8 it go because I wanted to move it along. But you are

9 quite right.

To continue this fascinating testimony and undercurrents of the power game,
here is a full version of Feb 13 transcript here


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The Who's Who Worldwide Registry websites are focused on the Who's Who Worldwide Registry tragedy, and the double scandal of government and judicial corruption in one of the Trials of Judicial Shameand the concomitant news media blackout regarding this astonishing story.

Sixteen weeks of oft-explosive testimony, yet not a word in any of 1200 news archives. This alone supports the claim that this was a shamefully corrupt federal trial; in fact, one of the worst trials of the century.

Show your support for justice, for exoneration of the innocent, and for that all-important government accountability, by urgently contacting your Senator, the White House, and the U.S. Department of Justice. Let YOU be the one to provide the straw



The Who's Who Tragedy
Thomas FX Dunn has got to count high on the list of "Worst Lawyers in America"

Trials of Judicial Shame  - The Who's Who Tragedy

Who's Who Worldwide Registry
and the Biggest Miscarriages of Justice


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This site is concerned with the Who's Who Worldwide Registry tragedy, and the undeniable odor of corruption in high placesin one of the Trials of Judicial Shameand the concomitant news media blackout regarding this incredible story.

Sixteen weeks of oft-explosive testimony, yet not a word in any of 1200 news archives. This alone supports the claim that this was a shamefully corrupt federal trial; in fact, one of the worst trials of the century.

Show your support for justice, for exoneration of the innocent, and perhaps most importantly, government accountability, by urgently contacting your Senator, the White House, and the U.S. Department of Justice. Let YOU be the one to provide the straw



The Who's Who Tragedy
How Thomas FX Dunn demonstrated himself to be the worst attorney of all time
Worst Trials of the Century


Biggest Miscarriages of Justice - Justice Has Left The Building

How rare it is to find a case that can offer not merely two or three, instead, more than a dozen major reasons for overturning that conviction.
Here is a case studied by a respected federal judge for many months, who found that no crime had been committed, and dismissed the case.

Reed Elsevier, Ltd, as the single richest and most powerful publisher in more than one hundred countries around the world,
easily. empirically and truthfully described as one of the most corrupt corporations in all of human history,
perverted the foundations of American justice in the Who's Who Worldwide case with cash, power, and perqs.

Imagine a trial where not ten percent of the proceedings have ANY connection with most of the defendants.
That alone should require a separation of trial. In this case, NOT EVEN ONE PERCENT of the proceedings,
accusations, presented evidence, or accepted facts, had anything to do with the "sales" defendants.

The Who's Who Worldwide case was all about Bruce Gordon, his machinations and his accountant,
and the many companies operated in secrecy by Gordon and Liz Sauter, his true "henchman."

For days and days and weeks and weeks, all the discussion was about Gordon and his actions.
Prosecution witness after prosecution witness exculpated the sales defendants, yet,
this same judge who had previously dismissed the case after months of study,
was under one of the worst pressures any judge can be subjected to:
pressure from the federal court of appeals above him, who, in
New York's bailiwick, remains under the control of....
Reed Elsevier, the most powerful force today
in the American arena of jurisprudence.

This can be fixed by Presidential Pardon.
Call 202-456-1414 to lift your voice.




Worst Trials of the Century
Worst attorneys in America Thomas FX Dunn