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3320
1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
2 - - - - - - - - - - - - - - X
3 UNITED STATES OF AMERICA, : CR 96 1016(S-1)
4 v. : U.S. Courthouse
5 Uniondale, New York BRUCE W. GORDON, WHO'S WHO
6 WORLD WIDE REGISTRY, INC., : STERLING WHO'S WHO, INC.,
7 TARA GARBOSKI, ORAL FRANK : OSMAN, LAURA WEITZ, ANNETTE
8 HALEY, SCOTT MIChaveLSON, : MisterShortcut [ Mr-Shortcut ],, and MARTIN
9 REFFSIN, :    TRANSCRIPT OF TRIAL
10 Defendants. : February 9, 1998
11 - - - - - - - - - - - - - - X 10:00 o'clock a.m.

12 BEFORE:

13 HONORABLE ARTHUR D. SPATT, U.S.D.J. and a jury
14 APPEARANCES:
15 For the Government: ZACHARY W. CARTER
16 United States Attorney One Pierrepont Plaza
17 Brooklyn, New York 11201
By: RONALD G. WHITE, ESQ.
18 CECIL SCOTT, ESQ. Assistant U.S. Attorneys
19 For the Defendants: NORMAN TRABULUS, ESQ.
20 For Bruce W. Gordon
170 Old Country Road, Suite 600
21 Mineola, New York 11501

22 EDWARD P. JENKS, ESQ.
For Who's Who Worldwide
23 Registry, Inc. and
Sterling Who's, Who, Inc.
24 332 Willis Avenue
Mineola, New York 11501
25
(cont'd)


HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
3321

1 APPEARANCES (cont'd):

2 GARY SCHOER, ESQ. For Tara Garboski
3 6800 Jericho Turnpike
Syosset, New York 11791
4
ALAN M. NELSON, ESQ.
5 For Oral Frank Osman
3000 Marcus Avenue
6 Lake Success, New York 11042

7 WINSTON LEE, ESQ.
For Laura Weitz
8 319 Broadway
New York, New York 10007
9
MARTIN GEDULDIG, ESQ.
10 For Annette Haley
400 South Oyster Bay Road
11 Hicksville, New York 11801

12 JAMES C. NEVILLE, ESQ.
For Scott Michavelson
13 225 Broadway
New York, New York 10007
14
THOMAS F.X. DUNN, ESQ.
15 For MisterShortcut [ Mr-Shortcut ],
150 Nassau Street
16 New York, New York 10038

17 JOHN S. WALLENSTEIN, ESQ.
For Martin Reffsin 18 215 Hilton Avenue
Hempstead, New York 11551
19

20 Court Reporter: HARRY RAPAPORT, CSR
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
3322

1 M O R N I N G S E S S I O N

2

3 (The following takes place in the absence of the

4 jury.)

5 THE COURT: I am not sure I heard correctly, but

6 did you indicate, Mr. Rubin, you wanted to act pro se as

7 your own lawyer? Is that right?

8 THE DEFENDANT RUBIN: No, sir.

9 THE COURT: I heard that. That's why I asked you

10 to come in.

11 THE DEFENDANT RUBIN: I asked your clerk a

12 question.

13 THE COURT: I am happy to hear that I heard

14 wrong. I was about to talk you out of that, but I don't

15 have to.

16 Then we will see you at 10:00 o'clock.

17

18 (Whereupon, a recess is taken.)

19

20 (Whereupon, the jury at this time entered the

21 courtroom.)

22 THE COURT: Good morning, members of the patient,

23 prompt -- that one I picked up -- and dedicated jury.
24 You may proceed.
25 MR. WHITE: The government calls Lester Wheeler.

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
3323

1 THE CLERK: Will the witness please stand and

2 raise your right hand.

3

4 L E S T E R W H E E L E R,

5 called as a witness, having been first

6 duly sworn, was examined and testified

7 as follows:

8

9 THE CLERK: Please state your name and spell your

10 last name slowly for the record.

11 THE WITNESS: Lester M. Wheeler, last name is

12 W H E E L E R.

13 THE COURT: Have a seat, Mr. Wheeler.

14

15 DIRECT EXAMINATION

16 BY MR. WHITE:

17 Q Mr. Wheeler, can you tell us where you live?

18 A I reside in Fort Worth, Texas.

19 Q And can you tell us what you do for a living?

20 A I am a Mr. Mom at the present time. I retired

21 several years ago and chose to take care of my children.

22 My wife works.

23 Q Before you retired, what sort of work did you do?
24 A I was with the General Dynamics, subsequently
25 Lockheed Aircraft, in the aerospace business.

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
3324
Wheeler-direct/White


1 Q And what sort of work did you do there?

2 A I worked phone proposals to customers for the

3 aerospace company.

4 Q And prior to your work at those companies, what did

5 you do?

6 A I was in the U.S. Army and retired from the U.S. Army

7 in 1976, I believe it was.

8 Q Have you been contacted by a company called Who's Who

9 Worldwide?

10 A I was contacted by them.

11 Q Can you tell us how you were first contacted?

12 A As best as I recall, I received a phone call -- I got

13 a letter first, and then subsequently a phone call to my

14 office.

15 Q Now, do you recall approximately when that letter

16 came in?

17 A 1993. I cannot identify which month it came in.

18 Q Was there anything included in the letter you

19 received?

20 A Yes. There was a card which asked for my response,

21 if I was interested in the nomination.

22 Let me show you Government's Exhibit 15-C for

23 Identification.
24 (Handed to the witness.)
25 Q Would you take a look at that and tell me if you

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
3325
Wheeler-direct/White


1 recognize it.

2 A Yes, that's my response.

3 MR. WHITE: Your Honor, the government offers

4 15-C.

5 MR. LEE: I apologize, your Honor, but was it

6 something just handed out today?

7 MR. JENKS: No. It is in the book.

8 MR. WHITE: No, it is not.

9 THE COURT: Do you have it, Mr. Lee?

10 MR. LEE: I apologize. I believe counsel has it.

11 THE COURT: Someone show it to him, please.

12 MR. LEE: I found it. I apologize.

13 Any objection?

14 MR. TRABULUS: No.

15 THE COURT: Government's Exhibit 15-C, for

16 Charley, in evidence.

17 (Government's Exhibit 15-C received in evidence.)

18 Q Mr. Wheeler, would you take a look at the flip side

19 of that card and tell us if there is a post mark on it?

20 A Yes. It reads the 25th of April, 1993.

21 Q Now, did you eventually purchase a membership from

22 Who's Who Worldwide?

23 A Yes, I purchased a membership.
24 Q Now, if you can take a look at Exhibit 15-D, like in
25 Dog, which is already in evidence.

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
3326
Wheeler-direct/White


1 (Handed to the witness.)

2 Q Does that document say on the top, order form, on the

3 top right-hand corner?

4 A That's right, it does.

5 Q Is there a date listed there on the left-hand side on

6 the top?

7 A Yes, 4/22/93 is the date of the order form.

8 Q Under where it says order form, it says account

9 executive number one, can you read what it says next to

10 that?

11 A The lady's name, Laura, is indicated.

12 Q You said you received a telephone call after you

13 returned this card?

14 A That's correct.

15 Q Tell us what happened in that telephone call.

16 A I was at the desk. It was a blind call. I normally

17 do not get outside calls to my office. But the person on

18 the other end of the phone identified themselves as a

19 representative of Who's Who, and they had received my

20 response to their letter. And I said I would like to

21 visit with you a little bit about your nomination.

22 We began discussing what I had previously done

23 during my military career and the positions held, and then
24 what I had done while I was with General Dynamics and then
25 Lockheed, and those positions, what they entailed and so

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
3327
Wheeler-direct/White


1 forth.

2 We talked about each of the jobs a little bit.

3 She indicated that it sounded like I was a good candidate

4 for selection in Who's Who, and that she would go forward

5 with the nomination.

6 During that discussion I said, I feel very

7 honored about being nominated. Can you tell me who

8 nominated me?

9 She said, no. We are not at liberty to discuss

10 who nominated you.

11 I said, did someone in my current position, my

12 superior?

13 She said, I am sorry, Mr. Wheeler, I can't tell

14 you. That's confidential information, and we can't

15 disclose that. And that was basically what we had said in

16 that conversation. She didn't say I was accepted or I was

17 not accepted.

18 She did discuss with me what the cost of

19 fulfilling the nomination was, and asked me if at that

20 time I would be interested in continuing the purchase of a

21 Registry, and it would have the name in it. And that was

22 about it, sir.

23 Q Now, did you agree to purchase a membership?
24 A Yes, I did agree to purchase the membership.
25 Q And how did you pay for it?

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
3328
Wheeler-direct/White


1 A As best I recall I paid for it with Master Card. I

2 know it is a charge card. I don't remember which one it

3 was.

4 Q And do you recall what length of membership you

5 purchased?

6 A I know we talked about several types of membership,

7 lifetime and what not. I am probably sure I probably

8 purchased the least amount of time that was offered.

9 Q And if you can take a look at Exhibit 15-B, which is

10 in front of you --

11 A Is this still the order form?

12 Q Let me show you.

13 (Counsel approaches the witness stand.)

14 Q 15-B, which is the pink copy.

15 A All right.

16 Q Now, do you recognize that document?

17 A Yes. This was the invoice, or looks like the invoice

18 that I received when I got the plaque.

19 Q Now, the government offers Exhibit 15-B?

20 THE COURT: Any objection?

21 MR. TRABULUS: No.

22 THE COURT: Government's Exhibits 15-B, for

23 Baker, in evidence.
24 (Government's Exhibit 15-B received in evidence.)
25 Q Mr. Wheeler, can you take a look at that, and does it

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
3329
Wheeler-direct/White


1 indicate what length of membership you purchased?

2 A Yes. It says I bought five years of membership.

3 Q And how much did you pay for that?

4 A Somewhere in the neighborhood of $400, as I recall.

5 Q Total?

6 A Total -- on the invoice, I am sorry, it shows $297 on

7 the invoice. I think there was another charge after

8 that. I am not real familiar with it.

9 Q Let me ask you, did you agree to make a further

10 payment after this one?

11 A There was a discussion about the additional payment.

12 And as I recall, that was for the register, or the book.

13 And that billing did not take place until it was

14 published. And I said yes to that.

15 Q Now, can you tell us what, if any, statements that

16 were made to you in this telephone conversation affected

17 your opinion to purchase a membership?

18 A The person on the other end of the line in discussing

19 with me my purchase, emphasized over and over again that

20 it was a selective process by which I was nominated.

21 Someone told them that I was a qualified --

22 MR. LEE: Objection.

23 THE COURT: Overruled.

To continue this fascinating testimony and undercurrents of the power game,
here is a full version of Feb 9th transcript here


Dirty Federal Trials of the 20th Century     The Tragic Miscarriage of Justice for Salespeople of
Examples Of The Death of Justice In America and Trial
Help the Who's Who-ers by calling the President at 202-456-1414 today,
demanding that he pardon the Who's Who Six immediately

By NO Means Typical     Such people!       Strictly Politics      Judge?      Incredible list of alleged victims

Tiny sampling of Managing Directors     Cross Benjamin    Cross Springer     Direct Quote         Con THESE People?!!

Million-dollar con man testifying to stay out of prison        America's Best & Brightest       Main Page       Masters and Millionaires

Please remember to feed those who are hungrier than you by giving, at no cost to you.
Two free clicks actually saves a human life!. Help MrShortcut permanently eliminate hunger deaths and starvation on the global scale with shortcuts. Free clicks to save lives!
Thoughtful orporate sponsors donate 1.1 cups of staple food for our free clicks.
When you click this food button and the one that pops open you save a human life... no charge to you.




Worth noting, hundreds of thousands of people visit the websites currently producing
growing thousands of cups of food PER DAY to feed starving people,
websites, created by the same hands that brought you this really offensive trial,
an obscenely imbalanced federal trial.