UNITED STATES DISTRICT COURT
                      SOUTHERN DISTRICT OF NEW YORK 
                      -------------------------------------------x 
                      UNITED STATES OF AMERICA,
                      
                                          Plaintiff,
                                                         90 CIV 5722
                                -against-                  (CSH)
                      
                      DISTRICT COUNCIL OF NEW YORK CITY
                      AND VICINITY OF THE UNITED
                      BROTHERHOOD OF CARPENTERS AND
                      JOINERS OF AMERICA, et.al.,
                                   
                                          Defendants.
                      -------------------------------------------x 
                      Independent Investigator Deposition 
                                             
                                            February 18, 2005 
                                            10:24 o'clock a.m. 
                       
                                   DEPOSITION of PETER O'KEEFE, 
                      taken by the Independent Investigator, Walter 
                      Mack, Esq., pursuant to letter subpoena, at 
                      the offices of Doar, Rieck & Mack, Esqs., 217 
                      Broadway, 7th Floor, New York, New York 
                      10007-2911, before Stewart Nissenbaum, a 
                      Shorthand Reporter and Notary Public of the 
                      State of New York.
                      
                      
                      
                      
                              TANKOOS REPORTING COMPANY, INC.
                      305 Madison Avenue        142 Willis Avenue 
                      Suite 449                 P.O. BOX 347 
                      New York, N.Y. 10165      Mineola, N.Y.  11501 
                         (212)349-9692             (516)741-5235 






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                       A P P E A R A N C E S : 
            2          
                                                                
            3          
                       DOAR RIECK & MACK
            4               217 Broadway, 7th Floor
                            New York, New York 10007-2911
            5          
                       BY:   WALTER MACK, ESQ.
            6               Independent Investigator  
                        
            7           
                        
            8          O'DWYER & BERNSTEIN, ESQS.        
                       Attorneys for Union 
            9               52 Duane Street
                            New York, New York 10007
           10           
                       BY:   STEVEN KASARDA, ESQ.
           11          
                       
           12          
                       UNITED STATES DEPARTMENT OF JUSTICE      
           13          U.S. Attorney's Office 
                       Southern District of New York                
           14               86 Chambers Street
                            New York, New York 10007 
           15                        
                       BY:   ELAINE WONG, paralegal
           16          
                                                 
           17          
                       ALSO PRESENT: 
           18           
                             Donald Sobocienski
           19           
                        
           20                              
                                           * * *
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            2                      MR. MACK:  On the record.
            3                      It is 10:24 on Friday, the 18th.
            4                      Elaine Wong, Steve Kasarda, Don 
            5               Sobocienski, and not anybody but Mack is 
            6               here to basically indicate that I just 
            7               received a call from Mr. O'Keefe, with 
            8               his apologies that, basically to the 
            9               effect that medication that he was 
           10               taking leading up to a doctor's 
           11               appointment today, I think it's actually 
           12               before 4:00, has occasioned him great 
           13               internal distress, such that he is 
           14               spending most of his time in the rest 
           15               facilities, and is therefore unable to 
           16               appear.  
           17                      What I told him was, that I would 
           18               give him the benefit of the doubt; but 
           19               that it was up to him today, to set a 
           20               new date that he would meet without 
           21               fail, or I would ask the District Court 
           22               to intervene and secure his presence, 
           23               which he understood the significance of 
           24               his appearing, and that he will call me 
           25               later today, after he leaves his doctor, 


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            2               in order to set up a new appointment to 
            3               appear.  
            4                      So with that on the record, I 
            5               want to apologize to all, and certainly 
            6               including Mr. Nissenbaum; I recognize he 
            7               was here and ready to go; and I 
            8               apologize to Elaine and Steve and to 
            9               everyone, but it is really something 
           10               that sometimes comes with the turf, and 
           11               when we have a new time and new 
           12               opportunity to proceed with Mr. O'Keefe, 
           13               I will let you know.  
           14                      Let's close the record.
           15                      (Time noted:  10:27 o'clock a.m.) 
           16         
           17                              * * *
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            1
            2          
                                   C E R T I F I C A T E
            3          
                       
            4         
                      STATE OF NEW YORK   ) 
            5                             )      ss: 
                      COUNTY OF ROCKLAND  ) 
            6          
                       
            7                      I, STEWART NISSENBAUM, a Shorthand 
            8         Reporter and Notary Public within and for the 
            9         State of New York, do hereby certify: 
           10                      That the within is a true and 
           11         accurate transcript of the proceedings held on the 
           12         18th day of February, 2005. 
           13                      I further certify that I am not 
           14         related to any of the parties to the proceeding by 
           15         blood or marriage, and that I am in no way 
           16         interested in the outcome of this matter. 
           17                      IN WITNESS WHEREOF, I have hereunto 
           18         set my hand this     day of                , 2005. 
           19          
           20                                                    
                                         STEWART NISSENBAUM
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