RECEIVED

NOV 22 2004

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

DOAR RIECK & MACK

x

UNITED STATES OF AMERICA,

Plaintiff,

-against-

DISTRICT COUNCIL OF NEW YORK CITY AND VICINITY OF THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, et.al.,

Defendants.

90 CIV 5722 (CSH)

x

Independent Investigator Deposition

DEPOSITION of CHESTER SIMON, taken by the Independent Investigator, Walter Mack, Esq., pursuant to letter subpoena, at the offices of Doar, Rieck & Mack, Esqs., 217 Broadway, New York, New York 10007-2911, on Wednesday, November 10, 2004, at 5:00 p.m., before Stewart Nissenbaum, a Shorthand Reporter and Notary Public of the State of New York.

TANKOOS REPORTING COMPANY, INC.

305 Madison Avenue Suite 449

New York, N.Y. 10165
(212)349-9692

142 Willis Avenue P.O. BOX 347 Mineola, N.Y. 11501

(516)741-5235

1   Chester Simon   35

2   became aware that I was bringing people in to

3   testify, that notices were being sent from

4   me, what, if any, advice were you given as to

5   what you should do about the videotape or about coming down here? Was there any type

7   of -- were you encouraged to say something or

8   not say something, or do something or not do

9   something? What was the response of Boom and

10   the carpenters at the site, to the

11   investigation being conducted by me?

12   A   I know when I got the letter,

13   Derek asked me if I got a letter; I told him

14   yes, I got a letter.

15   He told me, you can't tell them

16   you get cash or else they are going to pull

17   your card; and he said that if I said I get

18   cash, they are going to deny it.

19   Q   "They" being?

20   A   Him and his company, are going to

21   deny that they pay cash.

22   And he also said to me, I don't

23   know if he said it to the other guy, that,

24   remember, as contractors, we talk to other

25   contractors, so you're -- if you say you get

(212) 349-9692 TANKOOS REPORTING COMPANY, INC. (516) 741-5235

1   Chester Simon   36

2   cash, it's going to make it harder for you to

3   get a job if something happened.

4   Q   Was that said on one occasion, or

5   on a particular date?

6   A   I was working; he said he wants

7   to talk to me.

8   Q   Go through it for me again. What

9   did you say; what did he say?

10   A   He was telling me about if I'm --

11   he hopes I am not going to say I get cash,

12   because that's going to make it bad for

13   everybody. What else? If I say I get cash,

14   they are just going to deny it.

15   Remember, the contractors talk to

16   each other, they are going -- like he's

17   telling you, okay, if you go in and say you

18   get cash, and say we lay you off, if you try

19   'to get a job with the next contractor, they

20   are going to know that you ratted out a

21   different contractor.

22   I'm not saying it is a threat,

23   but the way it was put to you, it's like a

24   threat.

25   Q   Did he say to you: This is not a

(212) 349-9692 TANKOOS REPORTING COMPANY, INC. (516) 741-5235

1   Chester Simon   40

2   A   Yes.

3   Q   And finally, in terms of simply

4   saying, I got cash, and knowing that you

5   would be laid off, that going on the

6   out-of-work list, you felt that that means

7   you would be there three to four months, I

8   think is what you said, before you got work?

A   Yes.

10   Q   And that work, you wouldn't know

11   how long or how big a job that would be;

12   would that be fair?

13   A   Yes.

14   Q   Why do you stay that long on the

15   out-of-work list; do you have an opinion

16   about that?

17   A   Because I called the out-of-work

18   list and all the numbers I was getting, like

19   was in Brooklyn, 2500; Manhattan North, 3500.

20   Manhattan South was like two-something-

21   hundred. You're talking about guys that they

22   have on the list already. You're talking at

23   least three to four months you have to wait

24   before you get a call.

25   Q   Let me make sure. I'm trying to

(212) 349-9692 TANKOOS REPORTING COMPANY, INC. (516) 741-5235