1 +r f t;.,-: 'I IN THE TERRITORTAL l. COURT OF THE VIRGIN ISIJANDS DIVTSTON OF ST. CROIX 2 cIvIL 3 NO. 243/2000 4 JE DENNIS SHERAW ANN ASSOCTATES, rNC., Plaintiff, 6 7 vst. I TNNOVATIVE COMMUNICATIONS CORPORA?ION .JEFFRAY PROSSER and OAKLAND BEITTA, 9 L0 Defendants. ) 11. t2 L3 DEPOSI?ION OF G. BARRY DENHAM t4 l_5 16 February 14, 2OOz L? t-8 19 20 ORIGINAL 2L 22 23 24 25 .]OY HAYES & ASSOCIATES OPFTCIAI, COURT REPORTERS ' sERVrlilG CTTRUS, HERN&NDO & SUMTER COUNTIES 111 .WeEt Main Street - '"';;l'?i(352) i, i';;;:;FAX 726*941L 3'4 4 5 o L2 t 2 3 4 5 5 7 I the spending of this money. Usually he and I seldom talked a1one, we were always on a conference calI r,rrith either the gteneral manager, the president or some other people that, hrere responsibl_e for the areas that he was talking about. Did you ever keep any notes from any of A these phone conferences? A T. kept. pereonal notes, yeah. 1L And where are thoee notes? O A You know what? Quit,e honestly, I threw everything arrralr. When I Left TCC, I threw everything L2 away, L3 Okay. t{ould you send memoer to prosser a concerning conversations that you had? A $ot directly to .Ieff , Ro. I would if I had sotne coneerns concerning the conversations, then 9 L0 L4 15 l_6 t7 L8 L9 20 2L I would take it up r,,tith either Andrea, ilim power or Adrian. During the time that you $rere there, were you aware of any payments made by ICC or any of its companies to Kennet.h Mapp? A 22 MR. RUSKIN: Objection, reLevance. 23 MS. ROHN: Noted. 24 You can answer. ) 25 THE WITNE$ST YeE. i.3 L BY MS. 2 O lhings ? 3 4 5 5 7 I 11_ L2 1_3 16 l_? 1_8 L9 did you first A I donrt A No one told become involved in those me. Welt, how did you know to rnake them? As controller of the four cable systems, it came to my attention Lhat money was going out of one of the bank accounte. 0 A t4 r.5 When let's see. It would have been I would be gueseing if I said I know it was several monthE af ter t,hey took over, Okay. And who who told you to start O making t,hose payments? 9 10 ROHN: 0 A And which bank account r^ras it.? It wae a bank accoun! in St. Martin. I don't remember the bank epecifical]y but it was in St. Martin. Whal type of money.did you see going out of A the bank account to Mr. Mapp? 2A MR, RUSKIN: Objection to the form. 21 MS. ROHN: Noted. 22 TIIE WITNESS: $that do you mean type? 23 24 25 BY MS . a A ROHN: {ow much money; what were you seeing going? As I recall, I don't remember the exact r L4 t- 2 3 4 6 ,I I 9 figure but it was five figures. Twenty, twenLy-flve thousand or something a month. Somewhere in that, area. f don't remember the exact amount btrl it was certainly enough t.o peak my interest,. Do you knorri the total that was eventually A paid to Mr. Mapp? A I think I $as told lauer that ie was a year thing. So he wa6 getting twenty:five thousand 0 Lwo L2 dol]ars a month for two years? To my recollection but I don't know t.hat A for sure. tike I say I didn't keep any of those r.3 docutnents once I lef t the company. 10 L1 3.4 L5 L6 L7 L8 19 Did you ever do any research to Eee who had 0 iuthorized those payments? A I did. I asked, I believe at, the time .Tim Foley waa controLler of rcc and reported to Mike Cumberrnack, f f irst approached him about it, I believe. And what. was the eubstanee of what you O 20 earned 2L 1 22 Well, he Eaid he didnrt know anyt,hing abour A it elt.her but he would try to f ind out. ?hen I got a call a f eru days 3.ater, I believe, and said -t,hat that was an ICC deal. Ib was net eomething for me to 23 24 25 ? l_5 1 2 3 4 5 o 7 I 9 worry abouL. 0 A }nd r+ho made that phone call to you? Maybe initially Jim Foley bur r think I pushed the issue a l"iEtle bit further and r Lhink Mike cumbermach aleo told me that, that it $ras not something that I should be concerned about. Ir{R. RUSKIN: Let the record reflect Lhat relevancy objection is cont,inuing through this my entire Iine. L0 Mg . ROI{N r No- problem. From your review of the records, had 11 l_2 Mr. Mapp done any work for the company for these L3 payment that I'm aware of but f,m piece of the puzzle. THE WITNESS: NoL L4 t5 s? juet one little 16 BY MS. L7 ?fell, if he had done any work for 0 gt. Martin Cable TV, would you have known that in your job as cont,roller? 1_S i_9 20 21 22 23 24 25 ROHN: A Yes, I would have known that, through the general manager Did you ever receive any information that A Mr. Mapp had done any work for gb. Martin cable TV? A No, not to my knor*ledge. Can : I'm a litt1e confueed here myself. 15 1 Itm having to answer al"l of the questions 2 thought this but I was concerning 4 There t s t,wo cases you'tre being deposed on. A One is Mr. Nyfield and the other one ie the Sheraw 5 cage. 3 6 7 I I A I didn,t know that. Dennis Sheraw, and I'm going to gee Lo ask O you question about Dennie sheraw in jusl a minute. Did you ever do any more reEearch as to why L0 thctge payments were being LL A, I tried to find out from a number of people but I got really nowhere. I finally ended up with the document iEself, the bank wire, the copy of the bank wire but it didn't tell me any more information. Who all did you ask why the payments w€re O being made? J,2 13 14 15 L5 t7 l_8 19 2A 21" 22 23 24 25 A made? ltell, Jim Foley, Mike CumbermFck. I brought it Eo the attention of Andrea Martin also. r brought it to lhe attention of let, s see. Who else- r can't, r dontt remernber if r discussed it, with Tom Minnich or ngt. I believe f did at one point but" I canrt teII you the specifics of that. Did you ever discuss it wit,h Mr. progeer? No. f never discuesed anything I,ike that wlth him direct3.y. I never really had the a A t7 L opportuniLy. z How aboul Elizabeth Goddins, do you recall a diecussing it with her? Ah, y€s, yes. A 3 4 0 5 6 7 I 9 Lo L1" L2 i 13 t4 15 A I believe she was actually the first one where it surfaced, no$r thal I remember, and I asked her about ie and she said, again, she said she would f ind out and get back to me. I t,hink when she got back to me it was pretty vague, like Jim Foley said for me not to worry about it. Okay. Did you form an opinion of whether A or not lhose payments appeared to be i.mproper? I didn'l know. They could have been A perfectly proper. J don't know. But just the very ?0 fact that, I was left out of the loop and iE was my regponsibility as controller to safegua.rd the assets of the company and srome assets hrere flying out of there, that is the reason I resigned. Were the payments, were those booked; how 0 21 r,rere thoee booked? 22 23 It. wag booked as an inlracompany bet,ween A cable and ICC. Where it went from there I don't 24 know 16 L7 1.8 19 t And what was the substance? 25 - 0 On the gt. Martin accounts was it hooked as 1B 1" 2 ? 4 .5 6 ,| Between St. Marti.n Cable TV and what company? And do you know horu it, was booked at rcc? I have no earthly j-dea. 15 L5 L7 1.8 t9 20 25 0 o A l_4 24 Uh-huh. 9 L3 23 So it was an intracompany transfer? 0 A ICC. l2 22 was A LL 2t so it I 10 l a bueinesg expense or how was it booked? A Well, see, it wasnrt booked on booked as an intracompany. Okay. Were .you aware of any other similar payments to any politlcians? A tito. g okay- were you aware of any contributions made by any of the companies to any politicians? A No" The cable companies routinely made contributions to charitable organi zations but, r d,on I t remember to bny speclfic political interest.. were you a$rare of poriticians being gi.ven o aj.r Lime for which they didn,t pay? A No. r really d:i.dn't get invorved in that end of it either. A okay. Did it, ever come to your attentlon t.hat ,Ief frey Proeser hraa attempting to havelegislation paesed that in exchange for donation of 0 L 2 3 4 q 5 1 I 9 LO 1L L2 some land and faciliEiee he wouLd get tax benefits, aJso known as the prosser Bill? A N.ot other than what I read in the papera. r had no inside information about that or anythinE. you were never asked to campaign in favor a of the Prosser BiIl? A No. W€re you ever atrare of anybody else being 0 asked Eo campaign in favor of the prosser Bilr? No. A Did you ever E ee any documents concerni.ng o t,he purchase of that 1and? L3 A No. 14 O A Do you know Dennis Sheranr? L5 l"6 L7 L8 know the n.ame and he had a security company but. that, is the extent of it. r know r remember that he was empl0yed by at leasl s,ome aspect of the company, but f don't remember what_ that was, 1.9 noirr, whet,her it was cable or 20 don'E remember, quite honestly r o A Did you ever have any interaction with him? f donrt think I ever epoke wit,h him, okaY- 24 A A 25 A 2)- 22 23 To my memory f don't think I did.Were you aware that his security guard
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