BANK OF AMERICA FORMER CEO KENNETH D. LEWIS, CHAIRMAN WALTER E. MASSEY AND CFO JOE L. PRICE REFUSE TO BE DEPOSED-FOR FEAR OF PERJURY CHARGE?

1/16/2010

CHICAGO-(AEAE)-NOTICES for depositions of BANK OF AMERICA former CEO Kenneth D. Lewis, Chairman, Walter E. Massey and CFO Joe L. Price and Subpoenas issued to Defense Counsel have met with a motion for a Protective Order and Request to Quash Subpoenas, asserting that the request was an “effort to harass”. “Furthermore, deposing opposing counsel is a harassing technique to impose additional costs and burdens upon Defendants."
Because of the broad scope of discovery in civil litigation, "it is exceedingly difficult to demonstrate an appropriate basis for an order barring the taking of a deposition." Naftchi v. New Fort Medical Center, etal., 172 F.R.D. 130 (S.D.NY 1997) citing, 8 Charles Alan Wright, Arthur R. Miller & Richard L. Marcus, Federal Practice and Procedure.-Civil 2D section 2037, at 494-95 (1994)(hereinafter "Wright"). "Nor, in ordinary circumstances, does it matter that the proposed witness is a busy person or professes lack of knowledge of the matters at issue, as the party seeking the discovery is entitled to test the asserted lack of knowledge."
SEE YOU IN COURT 'boys"

5 Comments

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COURT WATCHER

1/15/2010 03:10:08 pm

Corporate officers "never" want to submit to depositions under oath for "fear" of a perjury charge.

1/17/2010 01:19:53 am

You never did tell us who is in trouble with Bank of America. Is it Leo or Christopher? Don't delete my question. Just answer it. Also would like to know if this has to do with your real estate scam in Arizona. Everyone knows about it so deleting it won't make it go away. If you can't deal with it, I suggest you not post a blog.

Whirling

1/17/2010 10:52:28 am

Neither of them are in"trouble" with the Bank of America, its the Bank of America who is in trouble. Section 802 of the Sarbanes-oxley Act imposes penalties of fines and/or of to 20 years imprisonment for altering, destroying, mutilating, concealing, falsifying records. There is evidence that BA may have falsifed records dprior to their receiving the $40 billion in bail out money...If they do not make the truthful answers to their admissions within the next 30 days, they may have to find new Officers...

1/19/2010 01:16:58 am

I suspect whirling is you Leo. Everyone knows you don't go after anyone unless they've done something to you and you don't give a rat's ass about justice.

Oven Toasted

1/20/2010 11:40:36 pm

"Justice" can be defined in many ways. The simplest is that it is the absence of injustice. This allows us to see the appropriateness of prevention. We should not have to wait for someone to abuse others before acting. Once a "situation" has become clear, we must act to prevent injustice.

Americans for the Enforcement of Attorney Ethics