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IN THE TERRITORTAL
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COURT OF THE
VIRGIN
ISIJANDS
DIVTSTON OF ST. CROIX
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cIvIL
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NO. 243/2000
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JE
DENNIS SHERAW ANN ASSOCTATES, rNC.,
Plaintiff,
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vst.
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TNNOVATIVE COMMUNICATIONS CORPORA?ION
.JEFFRAY PROSSER and OAKLAND BEITTA,
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Defendants.
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DEPOSI?ION OF G. BARRY
DENHAM
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February 14,
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ORIGINAL
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.]OY HAYES & ASSOCIATES
OPFTCIAI, COURT REPORTERS '
sERVrlilG CTTRUS, HERN&NDO & SUMTER COUNTIES
111 .WeEt Main Street
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'"';;l'?i(352)
i, i';;;:;FAX
726*941L
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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
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these phone conferences?
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T. kept. pereonal notes, yeah.
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And where are thoee notes?
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You know what? Quit,e honestly, I threw
everything arrralr. When I Left TCC, I threw everything
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away,
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Okay. t{ould you send memoer to prosser
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concerning conversations that you had?
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$ot directly to .Ieff , Ro. I would
if I
had sotne coneerns concerning the conversations, then
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I would take it up r,,tith either Andrea, ilim power or
Adrian.
During the time that you $rere there, were
you aware of any payments made by ICC or any of its
companies to Kennet.h Mapp?
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MR. RUSKIN: Objection, reLevance.
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MS. ROHN: Noted.
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You can answer.
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THE WITNE$ST YeE.
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BY MS.
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lhings ?
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did you first
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I donrt
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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.
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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
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making t,hose payments?
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ROHN:
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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
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the bank account to Mr. Mapp?
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MR, RUSKIN: Objection to the form.
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MS. ROHN: Noted.
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TIIE WITNESS: $that do you mean type?
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BY
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ROHN:
{ow much money; what were you seeing going?
As I recall, I don't remember the exact
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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
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paid to Mr. Mapp?
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I think I $as told lauer that ie was a
year thing.
So he wa6 getting twenty:five thousand
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dol]ars a month for two years?
To my recollection but I don't know t.hat
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for sure. tike I say I didn't keep any of those
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docutnents once I lef t the company.
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Did you ever do any research to Eee who had
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iuthorized those payments?
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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
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earned
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Well, he Eaid he didnrt know anyt,hing abour
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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
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worry abouL.
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}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.
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No-
problem.
From your review of the records, had
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Mr. Mapp done any work for the company for these
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payment
that I'm aware of but f,m
piece of the puzzle.
THE WITNESS: NoL
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juet one little
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BY MS.
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?fell, if he had done any work for
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gt. Martin Cable TV, would you have known that in
your job as cont,roller?
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ROHN:
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Yes, I would have known that, through the
general manager
Did you ever receive any information that
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Mr. Mapp had done any work for gb. Martin cable TV?
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No, not to my knor*ledge.
Can :
I'm a litt1e confueed here myself.
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Itm having to answer al"l of the questions
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thought this
but I
was concerning
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There t s t,wo cases you'tre being deposed on.
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One is Mr. Nyfield and the other one ie the Sheraw
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cage.
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I didn,t know that.
Dennis Sheraw, and I'm going to gee Lo ask
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you question about Dennie sheraw in jusl a minute.
Did you ever do any more reEearch as to why
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thctge payments were being
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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
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being made?
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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
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opportuniLy.
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How aboul Elizabeth Goddins, do you recall
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diecussing it with her?
Ah, y€s, yes.
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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
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or not lhose payments appeared to be i.mproper?
I didn'l know. They could have been
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perfectly proper. J don't know. But just the very
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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
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r,rere thoee booked?
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It. wag booked as an inlracompany bet,ween
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cable and ICC. Where it went from there I don't
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know
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And what was the substance?
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On the gt. Martin accounts was it hooked as
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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.
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Uh-huh.
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So it was an intracompany transfer?
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ICC.
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was
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so it
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a bueinesg expense or how was it booked?
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Well, see, it wasnrt booked on
booked as an intracompany.
Okay. Were .you aware of any other similar
payments to any politlcians?
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tito.
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okay- were you aware of any contributions
made by any of the companies to any politicians?
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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
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aj.r Lime for which they didn,t pay?
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No. r really d:i.dn't get invorved in that
end of it either.
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okay. Did it, ever come to your attentlon
t.hat ,Ief frey Proeser hraa attempting to havelegislation paesed that in exchange for donation of
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some land and faciliEiee
he wouLd get tax benefits,
aJso known as the prosser Bill?
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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
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of the Prosser BiIl?
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No.
W€re you ever atrare of anybody else being
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asked Eo campaign in favor of the prosser Bilr?
No.
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Did you ever E ee any documents concerni.ng
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t,he purchase of that 1and?
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No.
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Do you know Dennis Sheranr?
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know the n.ame and he had a security
company but. that, is the extent of it.
r know
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remember that he was empl0yed by at leasl s,ome aspect
of the company, but f don't remember what_ that was,
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noirr, whet,her it was cable or
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don'E remember,
quite honestly r
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Did you ever have any interaction with him?
f donrt think I ever epoke wit,h him,
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To my memory f don't think I did.Were you aware that his security guard