Irina Partial

Download as pdf or txt
Download as pdf or txt
You are on page 1of 51

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 1 of 51

IN THE UNITED STATES DISTRICT COURT


FOR THE EASTERN DISTRICT OF CALIFORNIA
---oOo--BEFORE THE HONORABLE MORRISON C. ENGLAND, JR., JUDGE
---oOo--UNITED STATES OF AMERICA,
Plaintiff,
vs.

No. 2:08-cr-00427

ALEXANDER POPOV,
RAMANATHAN PRAKASH, LANA
LE CHABRIER,
Defendants.

---oOo--REPORTER'S PARTIAL TRANSCRIPT


CROSS-EXAMINATION OF
IRINA GIYENKO
WEDNESDAY, JUNE 1, 2011
---oOo---

Reported by:

DIANE J. SHEPARD, CSR #6331, RPR

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431


1

Filed 07/06/11 Page 2 of 51

APPEARANCES

2
3
4
5
6
7
8
9
10
11
12

For the Government:


BENJAMIN B. WAGNER
UNITED STATES ATTORNEY
501 I Street, Suite 10-100
Sacramento, California 95814
BY: PHILIP A. FERRARI
JEAN M. HOBLER
Assistant U.S. Attorneys

For the Defendant, Lana Le Chabrier


JAN DAVID KAROWSKY
Attorney at Law
716 19th Street, Suite 100
Sacramento, California 95811

13
14
15
16
17
18
19
20
21

For the Defendant, Alexander Popov:


RICHARD ALAN MOSS
Attorney at Law
255 South Marengo Avenue
Pasadena, California 91101

For the Defendant, Ramanathan Prakash:


RONALD NEIL RICHARDS
Attorney at Law
P.O. Box 11480
Beverly Hills, California 90213

22
23
24
25

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 3 of 51

SACRAMENTO, CALIFORNIA

WEDNESDAY, JUNE 1, 2011

PARTIAL TRANSCRIPT

---oOo---

IRINA GIYENKO,

a witness called by the Government, having been first duly

sworn by the Clerk to tell the truth, the whole truth, and

nothing but the truth, testified as follows:

CROSS-EXAMINATION

10

BY MR. RICHARDS:

11

Q.

Good afternoon.

12

A.

Good afternoon.

13

Q.

Now, you came here from Kazakhstan?

14

A.

Yes.

15

Q.

So it's good to know that Borat's just a movie.

16

How are you doing?

So, anyway, when you came here in 2001, you --

17

Mr. Ferrari asked you, you got arrested at a store?

18

A.

Yes.

19

Q.

And where -- were you stealing with some other girls

20

in the report?

21

A.

No.

22

Q.

Who did you get arrested with?

23

A.

There was my friend and my sister.

24

Q.

And were you guys looking out for each other to try

25

to steal the merchandise?

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 4 of 51

A.

No.

Q.

Who got caught first?

A.

My friend.

Q.

And then I noticed when you got arrested in 2008 you

told the person arresting you that you just got -- you

basically lost your job, is that correct?

A.

Yes.

Q.

And you said you didn't have any money, remember

that?

10

A.

Yes.

11

Q.

Then I noticed that you received $4,700 from the FBI

12

on August 27, 2008.

13

payment?

14

A.

I don't remember the date.

15

Q.

Was -- do you remember -- do you want me to -- do you

16

want to refresh your memory or do you approximately remember

17

getting a $4,700 payment?

18

A.

19

remember the date.

20

Q.

21

agents?

22

A.

Yes.

23

Q.

So you received -- do you remember how much you

24

received total, is it 12, 13,000 dollars from the Government in

25

2008?

Do you remember receiving that in one

I approximately remember how much was it, but I don't

Okay.

Did you remember receiving $6,773 from the HHS

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 5 of 51

A.

I don't remember.

Q.

Well, were you -- was that a true statement when you

said you didn't have any money when you were caught stealing in

2008?

A.

Yes.

Q.

So did you spend all the money that the Government

had given you previously, the 12, 13,000 dollars?

A.

Yes.

Q.

What did you spend it on?

10

A.

Paying off debt.

11

Q.

What kind of debt?

12

A.

Credit card.

13

Q.

And while you were working at the clinic, you said

14

your salary was 1200 a week?

15

A.

Yes.

16

Q.

And when you first started --

17

MR. FERRARI:

18

THE COURT:

Objection.
Sustained.

Misstates the evidence.


It was 1200 -- well, you can

19

ask her again.

20

Q.

BY MR. RICHARDS:

21

A.

A week?

22

Q.

$1,200 total?

23

A.

A month.

24

Q.

When you first went and got the job, did they -- who

25

referred you to this clinic?

How much was your salary a week?

A month $1,200.

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 6 of 51

A.

Temp agency.

Q.

And did the temp agency when they referred you, did

they tell you that you were going to be doing anything illegal?

A.

No.

Q.

So when you started working there, did someone at the

clinic say this is an illegal clinic?

A.

No.

Q.

When you first started working there, did you think

this was a medical office?

10

A.

Yes.

11

Q.

All right.

12

you went to the clinic?

13

A.

Zoya.

14

Q.

And did anybody at that date tell you this was going

15

to be an illegal clinic?

16

A.

No.

17

Q.

Now at some point, though, you started doing illegal

18

things there, right?

19

A.

Yes.

20

Q.

And how long after you started working there did you

21

decide to help steal from the Government?

22

MR. FERRARI:

23

THE COURT:

And who was the first person you met when

Objection.
Sustained.

24

Q.

BY MR. RICHARDS:

Well, when you were doing illegal

25

things, who did you think was paying for them?

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431


1

MR. FERRARI:

THE COURT:

Filed 07/06/11 Page 7 of 51

Objection.
Sustained.

Q.

BY MR. RICHARDS:

thing you started doing?

MR. FERRARI:

THE COURT:

Do you remember the first illegal

Objection.

Misstates the record.

Sustained.

Q.

BY MR. RICHARDS:

At some point did you start doing

anything wrong?

A.

Yes.

10

Q.

And how long was that after you worked there?

11

A.

Could you rephrase that question?

12

Q.

Well, I'm assuming your first week at the clinic you

13

just worked there and you didn't break any laws, right?

14

A.

The first four weeks.

15

Q.

The first four weeks.

16

just decide to start doing something different?

17

A.

No.

18

Q.

And what changed after four weeks where you

19

consciously knew that you were doing something wrong?

Now after four weeks, did you

I was doing what I was trained for.

20

MR. FERRARI:

Objection.

21

THE COURT:

22

MR. RICHARDS:

23

THE COURT:

Misstates the record.

Sustained.
I'm not --

Please rephrase the question.

24

Q.

BY MR. RICHARDS:

After four weeks did you realize

25

that what you were doing was wrong?

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 8 of 51

A.

No.

Q.

At what point did you realize what you were doing was

wrong?

MR. FERRARI:

THE COURT:

THE WITNESS:

Objection.

Assumes facts.

Overruled.
I didn't realize what exactly going on

until approximately a month and a half to two months.

there is something wrong, but I couldn't explain what exactly

is wrong.
BY MR. RICHARDS:

I knew

10

Q.

And what was the first thing you

11

did once you realized there was something going wrong but you

12

couldn't explain it?

13

A.

14

fiance.

15

Q.

Jason?

16

A.

Yes.

17

Q.

Jason was the guy that was your lookout when you were

18

stealing in 2008, right?

19

A.

No.

20

Q.

Do you want me to show you the report?

21

A.

He was not a lookout.

22

Q.

Was he arrested with you?

23

A.

He was arrested separately.

24

Q.

All right.

25

in Sacramento and help get you a diversion on the theft case?

I went to -- I went home and I discussed it with my

Did the Government go to the State court

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 9 of 51

A.

Could you rephrase that?

Q.

After you were arrested, did you call the agents that

you were working for and tell them you got arrested?

A.

No.

Q.

So they didn't know about it?

A.

Didn't feel like to call.

Q.

Did you ever tell the agents you got arrested?

A.

Yes.

Q.

When was that?

10

A.

Recently.

11

Q.

When?

12

A.

Last week.

13

Q.

So last week was the first time that you disclosed to

14

the Government that you got arrested?

15

A.

Yes.

16

Q.

And who did you specifically tell that to?

17

A.

There was David Kvach.

18

Q.

Who?

19

A.

David Kvach and also Phil Ferrari.

20

Q.

Phil.

21

A.

Yes.

22

Q.

Yeah.

23

A.

No.

24

Q.

No.

25

you were arrested?

The prosecutor, Mr. Ferrari?


Phil Ferrari.
Anybody else?

Not Jean?

And what did Phil say to you when you told him

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 10 of 51

MR. FERRARI:

MR. RICHARDS:

THE COURT:

MR. RICHARDS:

did as a result of her disclosure.

6
7

Objection.

Your Honor --

I'm going show anything the Government

Overruled for now.

BY MR. RICHARDS:

MR. FERRARI:

THE COURT:

10

Relevance.

What's the relevance?

THE COURT:
Q.

10

What did Phil say?

Well, Your Honor -Excuse me.

MR. RICHARDS:

No.

Excuse me.

What he said?

I said what was his response when

11

you told him -- her he was arrested -- when she told him he was

12

arrested (sic).

13
14

THE COURT:

MR. RICHARDS:

Well, I'm going into conversations

with the witness prior to her testifying.

17

THE COURT:

Sustained.

There is a way to do this.

18

That's not it.

19

Q.

20

testified in this court today?

21

A.

Yes.

22

Q.

And what did he tell you?

BY MR. RICHARDS:

23

MR. FERRARI:

24

THE COURT:

25

What's the

relevance to this whole line of questioning?

15
16

What's the relevance of that?

Q.

Did you speak with Phil before you

Objection.

Vague and relevance.

Sustained.

BY MR. RICHARDS:

When did you speak to him?

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431


1

THE COURT:

Filed 07/06/11 Page 11 of 51

Vague as about what, when.

Q.

about the arrest, what did you tell him?

BY MR. RICHARDS:

MR. FERRARI:

THE COURT:

When you spoke to him last week

Objection.

Relevance as to that.

Sustained.

Q.

testimony today?

A.

Could you rephrase that?

Q.

BY MR. RICHARDS:

BY MR. RICHARDS:

Did you talk to him about your

You said last week that you went

10

and spoke to Phil about you being arrested, right?

11

A.

Yes.

12

Q.

And did you tell him that -- did he say anything

13

about disclosing that arrest to the defense?

14

A.

I'm sorry.

15

Q.

When you told him you were arrested, where was he

16

when you told him?

17

A.

He was in the office.

18

Q.

Okay.

19

that arrest?

20

A.

No.

21

Q.

Okay.

22

the arrest?

23
24
25

11

I don't understand.

And did he -- did you ask him to help you with

Did you -- did he say anything to you about

MR. FERRARI:

Objection.

Relevance.

Happened last

week.
THE COURT:

Sustained.

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431


BY MR. RICHARDS:

Filed 07/06/11 Page 12 of 51

12

Q.

Prior to you testifying today, did

you talk to him about your testimony with respect to the

arrest?

A.

I don't understand what exactly you're asking.

Q.

Okay.

this is not the first -- didn't you practice your testimony at

all with the Government?

Let's back up.

MR. FERRARI:

THE COURT:

Before you testified today,

Objection.

Argumentative.

Sustained.

10

Q.

BY MR. RICHARDS:

Did you go over your testimony

11

today with the Government before you testified?

12

A.

No.

13

Q.

You never met with them prior to today?

14

A.

Not today.

15

Q.

No.

16

A.

Yes.

17

Q.

Okay.

18

A.

I don't remember actual dates.

19

Q.

Well, did you come down to the courthouse to tell

20

them last week about the arrest?

21

A.

Yes.

22

Q.

All right.

23

A.

I was asked to come here.

24

Q.

By whom?

25

A.

By David Kvach and Phil Ferrari.

Prior to today?

When did you meet with them?

And why did you come that day?

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 13 of 51

Q.

here was?

A.

That they have few questions.

Q.

About the arrest?

A.

About that they have questions.

me.

Q.

ask you?

And did they tell you what the purpose of you coming

They didn't specify

They didn't specify what kind of questions they have.


Okay.

So when you got here, what questions did they

MR. FERRARI:

10

13

THE COURT:

Objection.

Relevance.

Sustained.

11

Q.

BY MR. RICHARDS:

Did you know why you were coming

12

here before you came here?

13

A.

No.

14

Q.

So when you got here, did they want to talk to you

15

about the case?

16

A.

Yes.

17

Q.

Okay.

And what did they tell you about the case?

18

MR. FERRARI:

Objection.

19

THE COURT:

20

MR. RICHARDS:

21

THE COURT:

Relevance.

Sustained.
Your Honor --

Sustained, counsel.

BY MR. RICHARDS:

Move on.

22

Q.

Now, when you -- when you -- when

23

you -- after the six weeks, when you decided -- after you

24

talked to Jason, your boyfriend, did you still take money from

25

the Government after you got arrested?

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431


1

MR. FERRARI:

THE COURT:

Filed 07/06/11 Page 14 of 51

Objection.

14

Vague.

Sustained.

Q.

BY MR. RICHARDS:

Government after you got arrested?

MR. FERRARI:

THE COURT:

Did you take money from the

Objection.

Vague.

Sustained.

Q.

BY MR. RICHARDS:

In August of -- in 2008 -- in

August of 2008, after you got arrested, did you take money from

the Government?

10

A.

No.

11

Q.

No.

12

A.

October, November.

13

Q.

All right.

14

three years -- or you waited until, let's say, April or May of

15

2011 to disclose to the Government that you got arrested, is

16

that your testimony?

17

A.

Yes.

18

Q.

All right.

19

Government, you were told that if you got arrested for any

20

reason, you were supposed to tell them?

21

A.

Don't remember.

22

Q.

All right.

23

Jason about keeping the arrest from the Government?

Do you remember when you got arrested in 2008?

And it's your testimony that you waited

Didn't -- when you agreed to work for the

24

MR. FERRARI:

25

THE COURT:

Did you ever have a conversation with

Objection.

Relevance.

Sustained.

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431


BY MR. RICHARDS:

Filed 07/06/11 Page 15 of 51

Q.

is that when you made the call to Medicare?

A.

No.

Q.

How long after you talked to Jason about your

concerns did you make the call to Medicare?

A.

Around January.

Q.

Of '07?

A.

Yes.

Q.

And when you called, did you -- do you remember who

10

you spoke to first?

11

A.

No.

12

Q.

No.

13
14

MR. FERRARI:

15

When -- after you spoke to Jason,

Misstates the record.

Question

misstates the record.

15

THE COURT:

Sustained.

16

Q.

BY MR. RICHARDS:

Your boyfriend called for you,

17

correct?

18

A.

Yes.

19

Q.

And when was the first time that you spoke with

20

someone from Medicare?

21

A.

The very next day after he called.

22

Q.

And was that on the phone or in person?

23

A.

On the phone.

24

Q.

And how many times did you speak to them on the phone

25

before you had an in-person meeting?

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 16 of 51

A.

Once.

Q.

And who did you speak to first on the phone, if you

remember?

A.

you mean agents?

Q.

eventually contacted by agents?

A.

Yes.

Q.

All right.

Could you please specify?

Do you mean Medicare or do

When you first spoke to Medicare were you then

And when was the first time you were

10

contacted directly by agents?

11

A.

Approximately two weeks after.

12

Q.

And how long did it take you before you agreed to

13

start working for the agents?

14

A.

Right away.

15

Q.

Okay.

16

for it, was that your idea or the agents' idea?

And who brought up the subject of getting paid

17

MR. FERRARI:

18

THE COURT:

19

Q.

20

agents?

21

A.

16

Objection.

Relevance.

Sustained.

BY MR. RICHARDS:

Did you request any money from the

No.

22

MR. FERRARI:

23

THE COURT:

Objection.

Relevance.

Sustained.

24

Q.

BY MR. RICHARDS:

Did you call -- did your boyfriend

25

call Medicare because you wanted to get some sort of reward

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431


1

Filed 07/06/11 Page 17 of 51

17

money?

MR. FERRARI:

THE COURT:

THE WITNESS:

Objection.

Relevance.

Overruled.
No.

Q.

motive in calling Medicare?

A.

No.

Q.

Then why did you accept the money?

A.

I was offered.

10

Q.

By who?

11

A.

It was a job afterwards.

12

Q.

My question was, who offered you the money?

13

A.

The agents, the Government.

14

Q.

And did they give you any conditions, if you

15

remember, about receiving this money?

16

A.

That I had to pay taxes on them.

17

Q.

Okay.

18

you got arrested you were to tell them?

19

A.

No.

20

Q.

Isn't it true --

21

BY MR. RICHARDS:

Well, did you have any financial

And you don't remember any condition about if

MR. FERRARI:

Your Honor, objection to that question.

22

Relevance.

He's already pointed out that the arrest happened

23

after she stopped working for us.

24

THE COURT:

Sustained.

25

MR. RICHARDS:

I didn't point out when she stopped

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431


1

Filed 07/06/11 Page 18 of 51

working.

THE COURT:

Sustained.

Q.

working for the Government?

A.

In August 14th, I believe, 2008.

Q.

Now, you mentioned earlier that -- you mentioned

earlier that you read some charts of some patients, and --

8
9

18

BY MR. RICHARDS:

When do you believe you stopped

Well, actually, let me start with this.

You said you

saw Sofia give blood, do you remember that testimony?

10

A.

Yes.

11

Q.

What chart was that with?

12

A.

I don't remember.

13

Q.

Did she draw blood on herself every day?

14

A.

No.

15

Q.

How many times did you see her draw blood and put it

16

in a chart?

17

A.

Two times.

18

Q.

Is there a reason why you didn't photocopy that chart

19

and give it to the agents so we wouldn't be guessing what chart

20

it is now?

21

A.

Could you repeat that again?

22

Q.

I said, is there a reason why you didn't photocopy

23

that chart so we would have evidence --

24

MR. FERRARI:

25

THE COURT:

Objection.

Argumentative.

Sustained.

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431


BY MR. RICHARDS:

Filed 07/06/11 Page 19 of 51

Q.

Did you photocopy it?

photocopied that chart that you allege that she drew blood on

and put the blood results in the chart, right?

A.

No.

Q.

Did you ever ask Vardges for more money as a result

of all the things that you were doing?

raise at any time?

A.

Yes, I did.

Q.

When did you get a raise?

10

A.

Approximately four, five months after I started to

11

work in Richmond also.

12

Q.

And what was the raise?

13

A.

$600.

14

Q.

A month?

15

A.

I'm sorry.

16

Q.

So your salary went from 1200 to 2,000?

17

A.

Temporarily.

18

Q.

Okay.

19

A.

Because then he reduced it to $600 a month.

20

Q.

So it went from 1200 to 1800 and then back to 600?

21

A.

From 1200 to 2,000, then to 600.

22

Q.

By the time it was at 600, was that when you were

23

getting money from the Government?

24

A.

Yes.

25

Q.

So the Government was paying you 150 a week?

19

So you never

I mean, did you get a

How much was the increase?

$800.

Why was it temporary?

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 20 of 51

20

A.

Yes.

Q.

So you were getting 600 from the Government and then

between 600 to 1800 -- or 600 to 2,000 from Vardges?

MR. FERRARI:

THE COURT:

THE WITNESS:

Objection.

Relevance.

Overruled.
Yes.

Q.

BY MR. RICHARDS:

Did the Government pay you in cash

or check?

A.

Cash.

10

Q.

Now, did you have to sign a receipt for the money?

11

A.

Yes.

12

Q.

And when you -- when you said that you took an EKG on

13

yourself, did you remember what file that was for?

14

A.

No.

15

Q.

Is there a reason, if you know, why you didn't make a

16

copy of the file you participated in faking?

17

A.

Because I didn't get a chance.

18

Q.

Was that before you worked for the Government?

19

A.

No.

20

Q.

Okay.

21

A.

Approximately two and a half years.

22

Q.

Two and a half years.

23

you never once photocopied a file with a fake blood test, is

24

that correct?

25

A.

It was during.
How long did you work for the Government for?

And in two and a half years

Yes.

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 21 of 51

21

Q.

And you never once photocopied a file that you gave

yourself a fake EKG?

A.

I never had opportunity.

Q.

In two and a half years you were never alone with the

files, is that your testimony?

A.

them.

Q.

patient number, is that what you're saying?

Those files were taken to L.A., so I could not get to

So you couldn't even write down the name or the

10

A.

Not in front of everybody.

11

Q.

So you're saying you couldn't even take a 15-minute

12

break to just write down one patient name that you put a fake

13

EKG in?

14

MR. FERRARI:

15

THE COURT:

Objection.

Argumentative.

Sustained.

16

Q.

BY MR. RICHARDS:

Did you ever tell the agents that

17

you were faking EKGs and could they give you assistance on how

18

to document that?

19

A.

Yes.

20

Q.

And what did the agents tell you?

21

A.

I told them that Vardges is pushing me to do EKG, and

22

that's -- that was all.

23

Q.

How many EKGs did you do, do you think?

24

A.

One.

25

Q.

Oh, just one.

All right.

Was there thousands of

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 22 of 51

patients or hundreds of patients?

A.

Hundreds.

Q.

So you did -- out of the hundreds of patients, you

did one fake EKG?

A.

6
7

That I did.
MR. RICHARDS:

please, that you played.

22

Yeah.

Can we play the audio now,

Thank you.

(Audio playing 3:47 p.m. to 3:48 P.M.)


Q.

BY MR. RICHARDS:

When you heard Vardges say she's

10

the director of this office, did you have an understanding as

11

to how director was being used in this office?

12

A.

No.

13

Q.

Did anybody ever have a conversation with you about

14

what a medical director is?

15

A.

No.

16

Q.

You saw the transcript that was just played in front

17

of you on the tape.

18

word director meant?

19

A.

The owner of the office.

20

Q.

I'm saying, did Vardges ever have a specific

21

conversation with you about what the word director meant?

Did you understand at the time what the

22

MR. FERRARI:

23

THE COURT:

The --

Asked and answered.


Sustained.

24

Q.

BY MR. RICHARDS:

All right.

So when -- did you ever

25

-- when this call that was just played for Dr. Teitelbaum to

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 23 of 51

call another doctor, isn't it true that the reason why

Dr. Teitelbaum was calling that other doctor was because they

wanted the doctor to believe there was another doctor on the

premises so the doctor could feel comfortable?

A.

23

No.

MR. FERRARI:

THE COURT:

Objection.
Sustained.

Q.

BY MR. RICHARDS:

Now did Vardges ever ask you for

advice on how to run the clinic?

10

A.

No.

11

Q.

Did you ever tell Vardges during this time period

12

while you're working for the Government that you don't like

13

what you're doing and you don't want to work there anymore?

14

A.

No.

15

Q.

And would it be fair to say that during this entire

16

time while you were working for the Government, you simply did

17

all the things that you were told so you could still stay there

18

and gather information, is that fair to say?

19

A.

Yes.

20

Q.

You weren't the person that would be saying, let's

21

say, I don't like what's going on here, and I want to stop it

22

because that wasn't your job, right?

23

A.

Could you rephrase that?

24

Q.

You had a job shortly after you started working there

25

to gather information for the Government and not create any

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 24 of 51

friction between you and the boss of the clinic, right?

A.

words.

Q.

Would a translator be helpful?

A.

No.

make sense on me.

Q.

understand.

I'm sorry.

I'm sorry.

If you can rephrase.

I know it's easier when they're doing it, so I

Objection.

THE COURT:

Sustained.

ordered to disregard it.

12

What you're saying.

Well, it's the way you put words that doesn't

MR. FERRARI:

10
11

You will need to choose little bit easier

I don't understand the meaning.

24

MR. RICHARDS:

Stricken.

The jury is

Counsel, no more comments.


Sorry, Your Honor.

13

Q.

BY MR. RICHARDS:

14

tape with Jenny -- you know that tape --

15

A.

Yes.

16

Q.

-- with Max.

17

make Max feel comfortable that Jenny was going to bring more

18

patients?
MR. FERRARI:

20

THE COURT:

Isn't it true that you were trying to

19

21

Q.

22

play the tape then?

When you were on the videotape, the

Objection.

Foundation.

Sustained.

BY MR. RICHARDS:

23

MR. FERRARI:

24

MR. RICHARDS:

25

MR. FERRARI:

We'll just -- do you want to just

It's your cross-examination.


Can we play that tape?
Do you remember the exhibit number?

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431


1
2

MR. RICHARDS:

Filed 07/06/11 Page 25 of 51

Yeah.

It was Exhibit 146.

25

Yeah.

146.

MR. FERRARI:

Do you have a clip?

MR. RICHARDS:

MR. FERRARI:

MR. RICHARDS:

(Audio/video playing.

The clip by the bed.


Okay.

There's more than one clip.

I think it was the last clip.

BY MR. RICHARDS:

3:52 p.m. to 3:53 p.m.)

Q.

When you said, "yes, Song," who

were you trying to help in that conversation?

10

A.

11

trying to make Max understand the name correctly.

12

Q.

Did Max have trouble understanding her or something?

13

A.

Yes.

14

Q.

And did you speak to her on a regular basis?

15

A.

Yes.

16

Q.

So you understood her English, is that what it was?

17

A.

Yes.

18

Q.

All right.

19

sleep studies.

20

A.

Yes.

21

Q.

And weren't sleep studies referred out for someone

22

else to do them?

23
24
25

I'm just trying to generally to -- I guess to -- I'm

You mentioned that the clinic didn't do

Do you remember that testimony?

MR. FERRARI:

Objection.

States facts not in

evidence.
THE COURT:

Sustained.

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431


1

Q.

as to where sleep studies were done?

A.

In L.A.

Q.

In L.A.?

A.

Yes.

Q.

You're saying that the study was actually done in

L.A. or drafted in L.A.?

8
9

BY MR. RICHARDS:

Filed 07/06/11 Page 26 of 51

Do you have any personal knowledge

Let me withdraw the question.


sleep study is?

26

Do you know what a

Do you have any training in a sleep study?

10

A.

Yes.

I don't have training, but I know what that is.

11

Q.

Did you ever specifically investigate whether or not

12

these sleep studies were being done?

13

A.

I spoke with Sofia once.

14

Q.

About a sleep study?

15

A.

Yes.

16

Q.

Okay.

17

file went to L.A., did you ever go to L.A. and look at the

18

files?

19

A.

No.

20

Q.

Did you ever -- when you got the files back, did you

21

ever specifically have a conversation with any of the doctors

22

that worked on those files?

23

A.

No.

24

Q.

And my client over here, Dr. Prakash, you never met

25

him, correct?

Now, when the sleep study, let's say, or the

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

27

Filed 07/06/11 Page 27 of 51

A.

No, I never did.

Q.

And you heard counsel ask you did you ever receive

any calls from any of the doctors in this -- that -- he

mentioned my client's name, Dr. Prakash, and you said, no, I

never spoke to him.

clinic, were you?

A.

No, I was not.

Q.

You were brought in as a receptionist, right?

A.

Yes.

10

Q.

Did you ever -- were you ever told by the agents to

11

contact -- let me strike that.

12

But you weren't considered the boss of the

Did the agents ever ask you to contact Vardges on a

13

regular basis and record him?

14

A.

Yes.

15

Q.

And did they ever give you a script of what to ask

16

him?

17

A.

No.

18

Q.

So they never told you what type of questions to ask

19

him, right?

20

A.

No.

21

Q.

But if the agents had wanted to give you a script of

22

certain questions to ask, you could have asked them, right?

23

MR. FERRARI:

24

THE COURT:

25

Q.

Objection.

Relevance.

Sustained.

BY MR. RICHARDS:

Well, let me rephrase then.

When

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 28 of 51

28

you called up Vardges to get information that was being

recorded or videotaped, how did you decide on what to ask him?

3
4

MR. FERRARI:

Objection.

Assumes facts not in

evidence.

THE COURT:

Sustained.

Q.

BY MR. RICHARDS:

Were you given any guidelines for

those recorded meetings?

A.

No.

Q.

So it was basically you just do a normal day and

10

whatever comes on the tape comes on the tape, is that fair to

11

say?

12

A.

That's correct.

13

Q.

So there was never any prompting by you?

14

A.

Never.

15

Q.

And --

16

A.

(Witness coughing.)

17

Q.

So during that time period, the two and a half years,

18

you had numerous conversations with Max and Vardges, right?

19

A.

Yes.

20

Q.

And at no time did the agents tell you, look, we need

21

to get some information on other people in this case, they

22

never had that conversation with you?

23

MR. FERRARI:

24

THE COURT:

25

Q.

I apologize.

Objection.

Relevance.

Sustained.

BY MR. RICHARDS:

Okay.

Did the agents ever

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 29 of 51

specifically ask you to try to get information about the

doctors?

MR. FERRARI:

THE COURT:

Objection.

Relevance.

Sustained.

Vague also.

Q.

also another foreign language being spoken.

language that was?

8
9
10

BY MR. RICHARDS:

MR. FERRARI:
Q.

In the video that we saw there's

Objection.

BY MR. RICHARDS:

Do you know what

Vague as to which video.

The video I showed you and the one

the Government showed you.

11

MR. FERRARI:

12

THE COURT:

Two videos.

Compound.

Sustained.

13

Q.

14

video that we saw was there any foreign language?

15

A.

You mean with Max?

16

Q.

Yeah.

17

A.

Yes, it was.

18

Q.

And are you speaking Russian to him?

19

A.

Yes.

20

Q.

All right.

21

video?

22

A.

BY MR. RICHARDS:

I was telling him -MR. FERRARI:

24

THE COURT:
Q.

In the last video -- in the last

And what were you telling him in the

23

25

29

Objection.

Vague as to when.

Sustained.

BY MR. RICHARDS:

Is there a -- without getting into

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 30 of 51

30

what you said, was there a reason why you were speaking

Russian?

A.

Because he understood better in Russian.

Q.

I see.

Jenny's house?

A.

Once.

Q.

And how many times had you seen Dr. Teitelbaum come

to the Sacramento clinic?

A.

I didn't count.

10

Q.

A lot, right?

11

A.

A lot.

12

Q.

And the picture you saw of Dr. Teitelbaum, that was a

13

DMV photo, did you know that or not?

14

A.

Yes, I did.

15

Q.

Did Dr. Teitelbaum, when he was in the clinic, did he

16

wear, you know, regular civilian clothes, or did he dress like

17

a doctor?

18

A.

Normally he would have medical clothes.

19

Q.

Why, when you first became concerned about what was

20

going on with the clinic, did you decide to have your boyfriend

21

call Medicare as opposed to notifying somebody else?

22

A.

I didn't know who else to call.

23

Q.

Well, I'm just trying to narrow your thought on

24

specifically why of all places, Medicare.

25

come to call their number first over calling Dr. Prakash?

And how many times did you bring him to

How did you just

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 31 of 51

A.

have to contact them.

Q.

That's what Jason told you?

A.

Yes.

Q.

And is Jason -- is Jason an expert in Medicare?

6
7

Because Jason told me this is Medicare fraud so we

MR. FERRARI:

Objection.

Relevance and

argumentative.

8
9

31

THE COURT:
Q.

Sustained.

BY MR. RICHARDS:

Okay.

What -- did you show Jason

10

any documents from the clinic?

11

A.

No, I did not.

12

Q.

You did not.

13

one that guided you to call Medicare, is that fair to say?

14

A.

He -- yes.

15

Q.

All right.

16

Medicare because you had sort of a sense of right and wrong and

17

you just wanted to do what's right?

18

A.

Yes.

19

Q.

And that was your only motive, that you're just a

20

good, you know, citizen and you wanted to call, is that fair to

21

say?

22

A.

23
24
25

Okay.

And so basically Jason was the

And did you -- did you have Jason contact

Yes.
MR. RICHARDS:

All right.

I'll pass the witness.

Subject to recall.
THE COURT:

Go ahead.

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431


1

Filed 07/06/11 Page 32 of 51

32

CROSS-EXAMINATION

BY MR. MOSS:

Q.

Good afternoon, Miss Giyenko.

A.

Good afternoon.

Q.

When did you start working at the Sacramento clinic

on Folsom Boulevard?

A.

It was October 2006.

Q.

Do you remember specifically when in October,

beginning, end, middle?

10

A.

I don't remember exactly when.

11

Q.

Do you remember whether -- were you interviewed in

12

October, or were you interviewed prior to October?

13

A.

I was interviewed in October.

14

Q.

How long between when you were interviewed the first

15

time?

16

second interview you had?

17

A.

One day.

18

Q.

And how soon after that did they engage your

19

services?

20

A.

Next week.

21

Q.

Do you know whether you were interviewed on a day

22

that patients were there or when they didn't have patients?

23

A.

There was no patients at that time when I came in.

24

Q.

The physical layout of the clinic on Folsom

25

Boulevard, did it look like a normal medical office?

Was there a time lag between interview one and the

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 33 of 51

A.

Yes.

Q.

Did it have medical equipment inside?

A.

The front desk, like normal front desk.

was equipped like any other room for nurses.

Q.

registered nurse, is that correct?

A.

Yes.

Q.

Did you ever see her credentials?

A.

It was on the walls.

10

Q.

So there was degrees or what have you that were on

11

the walls.

12

walls?

13

A.

Yes.

14

Q.

And Zoya's responsibilities were to do blood

15

pressure, weight, height, take vital statistics, and draw

16

blood, is that a fair statement?

17

A.

And EKG.

18

Q.

What?

19

A.

EKG.

20

Q.

EKG.

21

A.

No.

22

Q.

While you were there, do you have an estimate as to

23

how many EKGs specifically were done on any of the patients

24

that were designated to be Dr. Popov's patients?

25

A.

33

Zoya's room

And you understood that Zoya was supposed to be a

Was there anything of Dr. Teitelbaum's on the

I remember something.

Do you remember how many EKGs were done?

No, I don't.

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 34 of 51

34

Q.

Do you have any estimate as to whether it could be

one, more than one, more than a hundred?

A.

It would be more than a hundred.

Q.

Dr. Teitelbaum dressed as a doctor, is that correct?

A.

Yes.

Q.

Did he look professional, the way he approached the

patients?

A.

Most of the time.

Q.

He was an elderly gentleman, too, was he not?

10

A.

Yes.

11

Q.

The picture, that is, the Department of Motor

12

Vehicles picture is a casual shot, is it not?

13

A.

I would -- I suppose.

14

Q.

And that portrays him in a very different way than

15

what he would present himself at the clinic, is that a fair

16

statement?

17

A.

No.

18

Q.

Face is the same.

19

not?

20

A.

21

DMV picture.

The face looks the same.

On that picture I couldn't see how he's dressed on

22

MR. MOSS:

23

MR. FERRARI:

24

MR. RICHARDS:

25

Q.

Dress is different, though, is it

Could we pull up the picture?

BY MR. MOSS:

Do you know the exhibit number?


It's Exhibit 148.
That shows him with an open collar,

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 35 of 51

does it not?

A.

in the office.

Q.

didn't you?

A.

He would put medical jacket over.

Q.

Did the jacket designate that he was a medical

doctor?

M.D.?

Okay.

He would actually dress pretty much like that

But you said that he was dressed professionally,

Did it have embroidery with his name or initials,

10

A.

No.

11

Q.

But it looked characteristically like a medical

12

jacket that most doctors wear, am I correct?

13

A.

Yes.

14

Q.

And he would see the patients on the days that

15

patients were seen, is that correct?

16

A.

Some of them.

17

Q.

And he would sign for all of them, would he not?

18

A.

Yes.

19

Q.

And he would put his initials on papers that went

20

into the files, is that a fair statement?

21

A.

Actual signature.

22

Q.

Actual signature.

23

35

There was no initials.

No name on it.

The patient files that existed from the Folsom Avenue

24

clinic were in better shape than the ones that came from

25

Richmond, is that what your testimony is?

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 36 of 51

A.

Yes.

Q.

And they looked like normal medical files, is that

correct?

A.

36

Yes.

MR. FERRARI:

THE COURT:

Objection.

Vague.

BY MR. MOSS:

Sustained.

Q.

Do you have an idea as to what a normal

medical file would look like?

A.

Not really.

10

Q.

How many files did you yourself put together while

11

you were working at the clinics that you worked at?

12

A.

Once I started to work, I did almost every chart.

13

Q.

And the charts would have progress note papers, would

14

they not?

15

A.

Yes.

16

Q.

And they would have the tests, the diagnostic tests

17

that were performed?

18

A.

Yes.

19

Q.

Results of blood tests that were either concocted or

20

were real?

21

A.

Yes.

22

Q.

They would have -- when sleep studies were done they

23

would be documented, would they not?

24

A.

Yes.

25

Q.

And specifically with sleep studies, was it your

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

37

Filed 07/06/11 Page 37 of 51

understanding that they occurred -- or the documentations that

was in the files of their occurrence would have been at a

location other than the Folsom Avenue clinic?

A.

Could you rephrase that, please?

Q.

I'll try to take it apart.

indicate that sleep studies are done on a specific patient, is

that correct?

A.

Yes.

Q.

And the specific patient would have endured a sleep

The sleep studies

10

study at night, is that your understanding?

11

A.

Yes.

12

Q.

And was the clinic open at night?

13

A.

No.

14

Q.

But the records that would be put in the file would

15

support that a sleep study was done in the evening hours at a

16

location, is that correct?

17
18

MR. FERRARI:

Objection as to the last part of that

question.

19

THE COURT:

Sustained.

20

Q.

BY MR. MOSS:

You were asked about a sleep study, I

21

believe, that occurred on November 24th and would be reflected

22

in Exhibit 117.

Can we draw that up?

23

MR. FERRARI:

24

exhibit and tell her where to go.

25

MR. MOSS:

You're going to have to give the

I have to tell you what number.

Forgive

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431


1

me.

Filed 07/06/11 Page 38 of 51

I'm real inexperienced in this area.

MR. RICHARDS:

The record should reflect the good

sportsmanship of Mr. Ferrari.

MR. MOSS:

As a matter of fact, I have a hard copy

that probably is easier for me to get to.

Bates number?

7
8

38

If I give you the

(Discussion between counsel.)


Q.

BY MR. MOSS:

Thank you.

Starting with 00012, that indicates a polysomnography

10

report.

Was that something that you knew to be a sleep study?

11

A.

12

that, um --

13

Q.

14

Does that indicate that there was an interpretation of this

15

sleep study by Dr. Thomas M. Heric, M.D.?

16

A.

17

the charts.

18

Q.

19

preparation to testify here with the Government?

20

A.

I believe so, yes.

21

Q.

Did they show you this part of the file?

22

A.

Yes, they did.

23

Q.

But as you sit here today you don't recall going over

24

this with them?

25

A.

I don't recall this particular paper, so I would say

If we could move to the next, the very next page.

I don't believe I've seen this type of papers in all

Did you review the Chia Yang file as part of your

No.

I do recall going over it.

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 39 of 51

39

Q.

time?

A.

Yes.

Q.

But as far as you know, the file that deals with Chia

Yang was the same that was seized on the search warrant in

August '08 that exists here today and has been marked and

accepted into evidence, which is on the screen, isn't that

correct?

A.

Yes.

10

Q.

Following that page, which would be 13, if we can

11

move to 14, 15, 16, 17, and 18.

12

the sleep study documentation that is in that file?

13

A.

Yes.

14

Q.

Do you know whether Dr. Heric did any other sleep

15

studies for other patients, either for Dr. Popov or

16

Dr. Prakash, at the Folsom Avenue clinic?

17

A.

I don't know who is Dr. Heric.

18

Q.

There were other sleep studies that were done, is

19

that correct?

20
21

You just don't recall having seen it prior to that

MR. FERRARI:

Are all those pages part of

Objection.

Assumes facts not in

evidence.

22

THE COURT:

23

Q.

24

were done that were documented -- withdraw that question.

25

BY MR. MOSS:

Sustained.
Were there other sleep studies that

Were other sleep studies documented in the files or

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 40 of 51

40

the medical charts of other patients from the Folsom Avenue

clinic?

A.

Yes.

Q.

In the time that you were there at the Folsom Avenue

clinic, do you have an estimate as to how many sleep studies

were done?

A.

of them.

Q.

Approximately all of them.

It should be almost all

The sleep studies records, were those records that

10

were initially in the files before they went to Los Angeles?

11

A.

Yes.

12

Q.

And then when the files were returned, the sleep

13

study records were intact in the same files, is that correct?

14

A.

15

sleep study.

16

already the actual test.

17

Q.

18

of the sleep studies, is that correct?

19

A.

No, I wasn't.

20

Q.

And what is your testimony as to who would be

21

accountable for that activity?

Before they went in L.A. it would be order form for


It came back to Folsom for Sacramento clinic with

And you were not responsible for the billing of any

22

MR. FERRARI:

23

THE COURT:

Objection.

Vague.

BY MR. MOSS:

Sustained.

24

Q.

Who would have been accountable for

25

billing the sleep studies that were billed from the Folsom

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431


1

Filed 07/06/11 Page 41 of 51

41

Avenue clinic?

MR. FERRARI:

THE COURT:

Objection.

Vague as to accountable.

Sustained.

Q.

BY MR. MOSS:

Who would have prepared the billings

that were submitted to Medicare vis-a-vis -- excuse me -- with

respect to the clinic's -- I'm sorry -- the sleep studies that

were documented in the files of the Folsom Avenue patients?

A.

Sofia.

Q.

Did she also do the other billing for other

10

diagnostic services that were done?

11

A.

I don't know.

12

Q.

Now Sofia left at some point in time, did she not?

13

A.

Yes.

14

Q.

And was it your testimony that that was around

15

January of 2007?

16

A.

Probably late January of 2007.

17

Q.

Do you know who took over the billing functions after

18

she left?

19

A.

Sushan.

20

Q.

Martirosyan?

21

A.

I'm sorry?

22

Q.

Shushan Martirosyan?

23

A.

I don't know her last name.

24

Q.

Did you have any daily contact with her?

25

A.

Yes, I did.

Around that time.

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 42 of 51

42

Q.

Was she based in the Southern California area, or was

she based in the Northern California area?

A.

I know she is from Los Angeles.

Q.

Did she visit the clinic?

A.

Not when I was there.

Q.

You testified about PFTs.

pulmonary function tests?

A.

Yes.

Q.

And to your knowledge is that a diagnostic test that

Do you know them to be

10

is performed on Medicare beneficiaries, patients?

11

A.

12

patients.

13

Q.

14

tests were in fact performed on Medicare patients who visited

15

the Folsom Avenue clinic, is that correct?

16

A.

Yes.

17

Q.

The computer that generated those reports, as far as

18

you could tell would there be any way of distinguishing a

19

report that was generated from that computer which was

20

concocted as opposed to one that was actually performed on a

21

patient?

They were not -- they were never performed on

But there was documentation reflecting that those

22

MR. FERRARI:

23

THE COURT:

Objection.

Lack of foundation.

BY MR. MOSS:

Sustained.

24

Q.

Do you know whether the -- was the

25

documentation on the pulmonary function tests, the PFTs, was

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 43 of 51

43

that documentation also placed in the files of the patients who

were designated to have PFTs?

A.

Yes.

Q.

Did you yourself ever attempt to call Dr. Popov?

A.

No, I never did.

Q.

Had you ever met Dr. Popov?

A.

No, I never did.

Q.

Did any of your associates tell you that they had

seen Dr. Popov?

Sofia?

10

A.

Could you repeat that again?

11

Q.

I'll take them one at a time.

12

you that she had met Dr. Popov?

13

A.

She said that she did.

14

Q.

What about Zoya Belov, did she ever tell you that she

15

had met Dr. Popov?

16

A.

I'm not sure.

17

Q.

And what about Naza?

18

A.

I don't remember.

19

Q.

Did the agents who handled you ever ask you to call

20

Dr. Popov?

21

A.

No.

22

Q.

Were you ever asked to record a conversation with

23

Dr. Popov?

24

A.

No.

25

Q.

There were, obviously, that you testified to, three

Did Sofia ever tell

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 44 of 51

44

recorded conversations, two which were video and audio and one

that was audio.

other conversations while you were a cooperating witness with

the Government?

A.

Yes.

Q.

How many times?

A.

Don't remember.

Q.

Do you remember who you tape recorded, who you

recorded?

10

A.

Yes.

11

Q.

Who?

Did you tape record or did you record any

12

MR. FERRARI:

13

THE COURT:

Objection.

Vague.

BY MR. MOSS:

Sustained.

14

Q.

15

the assignment of recording witnesses in this investigation on

16

behalf of the Government?

17

MR. FERRARI:

18

THE COURT:

Who did you record in connection with

Objection.

Vague as to time.

BY MR. MOSS:

Sustained.

19

Q.

During the -- do you recall when you

20

recorded these conversations, these other conversations?

21

A.

I cannot remember specific dates.

22

Q.

Do you remember whether or not you recorded

23

conversations in January 2007 after you became a -- or when was

24

it exactly that you signed a cooperation agreement?

25

A.

It was probably mid February, around there, or maybe

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 45 of 51

45

late February.

Q.

Government prior to signing the agreement?

A.

No.

Q.

After you signed the agreement, how many recordings

did you make?

A.

I don't remember.

Q.

Can you give us an estimate of how many?

A.

No.

10

Q.

Could it have been more than ten?

11

A.

I don't remember.

12

Q.

Did you record Vardges Egiazarian on any occasion?

13

A.

Yes.

14

Q.

Did you record him on any occasion other than the

15

three conversations that were recorded that have been marked

16

into evidence?

17

A.

Yes.

18

Q.

What were the other dates or the approximate dates of

19

the other times that you recorded Vardges Egiazarian?

20

A.

I don't remember.

21

Q.

Do you remember whether they were before, during or

22

after the time period of April 10th, '07 through and including

23

May 30th, '07, which is the timeframe of the three recordings

24

that you testified on direct?

25

A.

Did you make any recordings on behalf of the

I'm sorry.

I'm sorry.

I don't remember.

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 46 of 51

46

Q.

Do you remember how many times or can you give us any

estimate how many times you recorded Vardges Egiazarian?

A.

No, I don't remember.

Q.

In any of those conversations do you remember the

content of the conversations as you sit here today?

A.

And whatever that conversation would say, that would be on the

tape.

Q.

It was just specific -- it was just a conversation.

Have you listened to those tapes prior to taking the

10

witness stand here in the last few weeks or months before being

11

designated a witness for this trial?

12

MR. FERRARI:

13

THE COURT:

Objection.

Vague as to which tapes.

Sustained.

14

Q.

BY MR. MOSS:

Did you ever record Miss Martirosyan?

15

A.

I'm sorry?

16

Q.

Did you record Miss Martirosyan?

17

A.

Could you repeat the name?

18

Q.

Martirosyan.

19

A.

I don't know who is that.

20

Q.

Let me get her first name.

21

Shushan?

22

A.

Oh, Shushan.

23

Q.

Did you ever record Naza --

24

A.

Yes.

25

Q.

-- on any other occasion?

I think you know her as

I don't believe so, but I'm not sure.

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 47 of 51

A.

Yes, I did.

Q.

How many times?

A.

Don't know.

Q.

Do you remember when?

A.

No, I don't remember.

Q.

Do you remember anything about the content of those

conversations -- or conversation or conversations?

A.

remember specific things.

47

Everything was about basically patients, and I don't

10

Q.

What about Zoya Belov, did you record her on any

11

occasion?

12

A.

Yes, I did.

13

Q.

Do you have any recollection as to how many times?

14

A.

No, I don't.

15

Q.

Could it have been five times?

16

A.

It could have been.

17

Q.

You testified a little while ago that your

18

cooperation agreement was signed in February.

19

best of your recollection.

20

A.

Yes.

21

Q.

Are you pretty sure of that?

22

A.

I don't -- I don't remember specific date.

23

Q.

But it was somewhere around February, is that

24

correct?

25

A.

Maybe less.

That was the

That sounds pretty right.

Yes, around.

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 48 of 51

Q.

Could it have been as late as June?

A.

I contacted the agents around February, so I don't

remember when I signed actual contract.

MR. MOSS:

Your Honor, I have a document.

If I could

approach the witness and show it to her, it may refresh her

memory.

THE COURT:

Q.

agreement.

48

BY MR. MOSS:

You may approach.


I would like you to look at this

10

A.

Okay.

Yes.

11

Q.

Does that give you a better recollection as to when

12

you signed a cooperation agreement with the Government?

13

A.

Well, yes.

14

Q.

And in fact would that have been as late as May 11th,

15

2007?

16

A.

Yes.

17

Q.

By May of 2007, Dr. Popov was history to the Folsom

18

Avenue clinic, is that correct?

19

MR. FERRARI:

20

THE COURT:

Objection.

BY MR. MOSS:

Sustained.

21

Q.

Do you have any information that he

22

provided any services in May 2007?

23

A.

No, I don't know.

24

Q.

And you would say the same thing about Dr. Prakash,

25

is that correct?

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

49

Filed 07/06/11 Page 49 of 51

A.

Yes.

Q.

I would like, if we could, draw up the Exhibit 110.

Do you recall testifying about Exhibit 110 --

A.

Yes.

Q.

-- on direct.

transcranial doppler information?

000026.

Is that the same type of form that you used at the clinic?

A.

Yes.

10

Q.

And this document has initials at the bottom.

11

know what those initials are?

12

A.

No, I don't know.

13

Q.

And there's a check box TCD, capital T, capital C,

14

capital D.

And did you testify about the


If we can go to page 26,

That's a document that says initial treatment program.

Do you

Does that stand for transcranial doppler?

15

MR. FERRARI:

16

THE COURT:

Objection.

Lacks foundation.

BY MR. MOSS:

Sustained.

17

Q.

18

document?

19

A.

I don't know actual English words for that test.

20

Q.

Weren't you asked about this on direct examination?

21

MR. FERRARI:

22

THE COURT:

Do you know what TCD stands for on this

23
24
25

Q.

Objection.
Sustained.

BY MR. MOSS:
THE COURT:

Misstates the record.

Moving to -Counsel, if you're going to move, we're

at 4:30 right now.

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431


1

MR. MOSS:

THE COURT:

MR. MOSS:

THE COURT:

MR. MOSS:

Pardon me?
I wasn't finished.
I understand.

But it's 4:30.

You can

That's okay.

I plan on being here one way

or the other.

8
9

I'm not finished, Your Honor.

come back Monday.

6
7

50

Filed 07/06/11 Page 50 of 51

THE COURT:

I expect that you will be one way or the

other.

10

Ladies and gentlemen, this will conclude the time

11

that you're going to have in trial for this week.

12

this coming Monday, that is, June 6th, 2011, at 9:00 a.m. And

13

we will in session the 6th, 7th and 8th of next week.

14
15

We'll return

Are there any questions regarding timing or anything


else that I should address before I excuse you?

16

If not, please remember all of your admonitions

17

regarding discussing the case, forming opinions, reading any

18

articles about this case or anyone that has anything to do with

19

it.

20

you.

Please be safe, and we'll see you back next Monday.


You're excused.

Thank

You may step down as well.

21

(Jury out.)

22

(End of partial transcript.)

23
24
25

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431


1

Filed 07/06/11 Page 51 of 51

51

CERTIFICATION

2
3

I, Diane J. Shepard, certify that the foregoing is a

correct transcript from the record of proceedings in the

above-entitled matter.

6
7
8
9
10
11

/s/ DIANE J. SHEPARD


DIANE J. SHEPARD, CSR #6331, RPR
Official Court Reporter
United States District Court

12
13
14
15
16
17
18
19
20
21
22
23
24
25

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

You might also like