Afternoon Transcript - Who's Who Worldwide Government Scandal Trial Transcript For Afternoon Session - Feb 03

Stinkiest Trials In America
The Illicit Smashing of Who's Who Worldwide Excecutive Club

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1 A F T E R N O O N S E S S I O N.
2 THE COURT: I want to make it clear my admission
3 was with respect to a general basis. I did not admit any
4 documents specifically as of now. We'll have to do that
5 on an exhibit by exhibit basis.
6 (Jury enters.)
7 THE COURT: Please be seated, members of the
8 jury.
9 You may proceed.
10 THE WITNESS: Am I sworn in already?
11 THE COURT: Well, we'll do it again just to make
12 sure.
13 R I T A R I E G E R , having been previously sworn by
14 the Clerk of the Court, was examined and testified as
15 follows:
16 THE WITNESS: My name is Rita Rieger,
17 R-I-E-G-E-R.
18 THE COURT: Have a seat, Ms. Rieger.
19 DIRECT EXAMINATION
20 BY MS. SCOTT: (Continued.)
21 Q Good afternoon.
22 A Good afternoon.
23 Q Could you tell us where you live?
24 A I live in Folsom, California.
25 Q What do you do for a living?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 A I'm a pharmacist.
2 Q What does your job involve?
3 A I receive prescriptions either written or called in,
4 I fill them, dispense them and give instructions as to the
5 use of the medication.
6 Q How long have you been doing that job?
7 A As I said yesterday, 1959, graduated from college in
8 1958 and did an internship from that year, but actually
9 since 1958.
10 Q Have you ever been contacted by a company called
11 Who's Who Worldwide Registry?
12 A Yes, I have.
13 Q And did you eventually purchase a membership from
14 them?
15 A Yes, I did.
16 Q And can you tell us approximately when you were first
17 contacted by the company?
18 A I would guess sometime in 1993 because I moved in '94
19 and I had received the information that they were going to
20 send me by then, 1993.
21 Q How were you first contacted?
22 A By telephones, as far as I remember, I was called at
23 work.
24 Q Do you remember the name of the person that called
25 you?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 A I recall his name as Michavel and that may be a part
2 of a name or a first name or a part of a last name because
3 --
4 THE COURT: You better repeat what you said.
5 THE WITNESS: I recall his name as Michavel, and
6 that may be part of a name or a first or last part of a
7 first name or a part of a last name or all or one of the
8 other. I try to do name associations to remember

9 conversations because the job I do and one of the doctor's
10 name is Michavel that I work with.
11 BY MS. SCOTT:
12 Q Did you eventually speak with this person over the
13 telephone?
14 A I believe I did. I think he called me back at work
15 on another day. At a time I had suggested would be a
16 reasonable time to call and it wouldn't be as busy.
17 Q You eventually spoke with somebody who said they were
18 from Who's Who Worldwide?
19 A Yes, and they either referred to the Michavel person
20 or said they were. I'm not sure which is which, but there
21 was reference made to that original phone call.
22 Q Now, what happened when you eventually had a
23 conversation with the person from Who's Who Worldwide?
24 A This person told me that I had been nominated for a
25 very prestigious award to be included -- that I had been
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 nominated for Who's Who in the World and I was familiar
2 with Who's Who because I've been in Who's Who Among
3 Students in American Colleges and Universities twice and I
4 had had other awards --
5 MR. GEDULDIG: Judge, I will object in that the
6 answer now is not responsive to the question.
7 THE COURT: Yes, motion granted.
8 You said that a person told you that you've been
9 nominated for Who's Who in the World?
10 THE WITNESS: Yes.
11 THE COURT: The jury is instructed to disregard
12 it. The answer should be disregarded.
13 BY MS. SCOTT:
14 Q You said that somebody nominated you. Did this
15 person give an indication who had nominated you?
16 A I asked and they said that was not readily revealable
17 information or they couldn't find that information for me
18 at that point and it w as usually an anonymous thing as far
19 as I was concerned if a person was a member of Who's Who
20 already.
21 Q Now, I'm showing you Government's Exhibit 9-D which
22 is in evidence (handing.)
23 THE COURT: 9-D is in evidence?
24 MR. WHITE: D as in Daniel.
25 MR. TRABULUS: Your Honor, I'm not sure it is in
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 evidence.
2 THE COURT: I'm not sure either.
3 MS. SCOTT: Okay. Your Honor, it's for
4 Identification.
5 BY MS. SCOTT:
6 Q Do you recognize that?
7 A Yes, it's definitely my writing.
8 Q What is that document?
9 A It says please include me as a candidate for
10 inclusion in the Who's Who Registry, Platinum Edition.
11 MR. LEE: Objection, Your Honor. Move to strike
12 the answer.
13 THE COURT: Sustained. 9-D?
14 BY MS. SCOTT:
15 Q Ms. Rieger, --
16 THE COURT: -- Excuse me. 9-D I have is the
17 addressee portion of a letter. Is that what it is?
18 MS. SCOTT: No, Your Honor. It's a lead card.
19 THE COURT: Well, you show me what you say 9-D
20 is.
21 MS. SCOTT: (Handing and indicating.)
22 THE COURT: Have you got another copy of this?
23 MS. SCOTT: I'll see if I can find one.
24 Your Honor, our copies are on one side as well.
25 THE COURT: All right. You may proceed and you
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 will have to show me, if there is any objection. Then
2 I'll have to take a look at it.
3 BY MS. SCOTT:
4 Q Ms. Rieger, can you tell us without reading it what
5 that is?
6 A A card received to fill in for this company.
7 Q Who did you receive it from?
8 A I would guess it is from Who's Who Worldwide.
9 MR. SCHOER: Objection as to her guessing.
10 THE COURT: When you say you guess --
11 THE WITNESS: Well --
12 THE COURT: Excuse me. Relax, will you?
13 THE WITNESS: Excuse me. I'm trying.
14 THE COURT: When you say I guess, that may be a
15 figure of speech that laypeople use, but in court we don't
16 allow people to guess about things generally. So when you
17 say you guess, does that mean with reasonable certainty
18 you received it from a certain source, is that what you
19 mean?
20 THE WITNESS: Yes, I do.
21 THE COURT: Do you understand what I'm saying?
22 THE WITNESS: I certainly do. Yes, I'm sorry.
23 THE COURT: All right. So where did you receive
24 it?
25 THE WITNESS: Where did I receive it?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 THE COURT: I mean, from whom did you receive it?
2 THE WITNESS: From Who's Who Worldwide.
3 MS. SCOTT: I offer Government's Exhibit 9-D.
4 THE COURT: Any objection?
5 MR. SCHOER: I have no objection, but may I see
6 the original, please?
7 THE COURT: Yes.
8 MR. SCHOER: Thank you.
9 THE COURT: Any objection?
10 MR. SCHOER: No, Judge.
11 THE COURT: All right. Government's Exhibit 9-D
12 in evidence.
13 (Government's Exhibit 9-D received in evidence.)
14 BY MS. SCOTT:
15 Q Ms. Rieger, taking a look at that lead card there,
16 can you tell us whether there is a postmark on it?
17 A Yes, I have to take my glasses out.
18 Mailed from Sacramento, California, 14, December,
19 1992.
20 THE COURT: Did you say mailed from Sacramento
21 California?
22 THE WITNESS: That's what the postmark is.
23 BY MS. SCOTT:
24 Q Did you mail this card from Sacramento on December
25 14, 1992?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 A Yes.
2 Q Going back to your conversations with the person who
3 called you from Who's Who Worldwide, what did this person
4 tell you about how members were selected for membership in
5 the company?
6 A He said that they were selected by nomination of
7 other members.
8 Q And what did he say happened after a person was
9 nominated by another member?
10 A That the data that we submitted would be considered
11 by a Board of Directors to be determined. Then it would
12 be determined by that Board of Directors whether or not we
13 would be included in the registry or whether we would be
14 included in the registry.
15 Q Were you told anything about what percentage of
16 nominees would be accepted for membership?
17 MR. SCHOER: Objection.
18 THE COURT: Yes. Don't lead the witness,
19 please.
20 BY MS. SCOTT:
21 Q How many nominees were you told would be accepted for
22 membership?
23 MR. TRABULUS: Objection. Same objection, Your
24 Honor.
25 THE COURT: Yes, sustained.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 BY MS. SCOTT:
2 Q Ms. Rieger, what else were you told about the
3 selection process?
4 A I was told that the nomination was valid for a
5 certain length of time, but there were varying degrees of
6 years that one could subscribe to for membership. That
7 when those memberships were up, if the person didn't
8 review it, then that slot became available for someone
9 else. And that would come from the nominations of other
10 members to fill it.
11 Q Was that the only way that a slot could become
12 available?
13 A That was my understanding.
14 Q Now, what were you told were your chances of becoming
15 a member?
16 MR. SCHOER: Objection.
17 THE COURT: You will not be able to lead the
18 witness on these conversations. In other words, you will
19 say what was the conversation.
20 What else, if anything, was said? Please don't
21 tell us what you think was said.
22 BY MS. SCOTT:
23 Q What were you told about how long the company had
24 been in business?
25 MR. JENKS: Objection.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 MR. SCHOER: Objection.
2 THE COURT: Sustained.
3 BY MS. SCOTT:
4 Q Ms. Rieger, what else do you remember about your
5 conversation with the person from Who's Who Worldwide?
6 A I recall that there weren't a whole lot available,
7 that there were a few slots available from a company that
8 had been in business a long time that were well-known as
9 providers of recognition for those who were worthy. I had
10 referenced being acquainted from Who's Who from previous
11 experience, and it seemed to me --
12 MR. LEE: Objection, Your Honor.
13 THE COURT: Yes. The question is, was anything
14 else said to you? Now think about it. Was anything else
15 said in the conversation by this person you were talking
16 to?
17 THE WITNESS: I thought that's what I was
18 relating, sir.
19 THE COURT: Anything else?
20 THE WITNESS: Yes. That everybody who was
21 nominated wasn't accepted for membership. I'm at a loss
22 to know what is acceptable and what isn't.
23 THE COURT: The question is, what was the
24 conversation? What did this man tell you? That's the
25 question. And if you've told us everything he has told
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 you, that's the end of the answer. Is there anything else
2 he told you that you can think about now?
3 THE WITNESS: There are only -- there was only a
4 small chance you would be accepted into membership and it
5 would be taken under advisement, the information that we
6 provided them.
7 Q What were you told a membership would offer to you?
8 MR. NELSON: Objection.
9 THE COURT: Do you want to come up, Counsel?
10 MS. SCOTT: Yes.
11 (Side bar.)
12 THE COURT: Now, I better lay the foundation for
13 what will be. I suppose you will have other witnesses.
14 The witnesses will have to testify of their own
15 knowledge and remembrance as to what the conversations
16 were. I'm not going to allow you that leeway. I will not
17 allow that. If you bring out that their memory may not be
18 clear or they may have forgotten, if you have something
19 that will refresh their recollection, I'll let you use
20 that.
21 MS. SCOTT: Your Honor, may I submit one thing.
22 These are questions about subject areas that are touched
23 upon. It's not a leading question about what they are
24 told. It actually just refers them to the subject area of
25 the conversation. That's all I'm doing with these
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 questions.
2 THE COURT: I'm not allowing it.
3 MS. SCOTT: Okay.
4 THE COURT: This is the crucial part of the case
5 as far as the fraud is concerned. I'm not allowing you to
6 give them any hints by mentioning subjects. If their
7 recollection isn't clear and you want to refresh their
8 recollection, you have a statement made by them or
9 anything else, you can show it to them, but I'm not going
10 to allow you to give them hints to tip them off as to what
11 they forgot to say. If they forget, they forget and so be
12 it.
13 (End side bar.)
14 (An unrelated matter was taken by the Court.)
15 THE COURT: You know, there are no positives in
16 the federal court among judges. I will give you an inside
17 information that the Chief Judge of the district is
18 not my boss. I am independent. That's what makes the
19 federal courts so unique. However, when he calls, I
20 jump.
21 Okay. Where are we?
22 MR. WHITE: Your Honor, I thought there was
23 another recurring issue we needed to iron out.
24 THE COURT: You want to iron it out yet? I
25 thought I ironed it out.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 MR. WHITE: This may save time, Your Honor.
2 THE COURT: Come up.
3 (Side bar.)
4 MR. WHITE: I just want to make sure since this
5 is the first witness and there will be a recurring
6 pattern. The statement that the witness identifies that
7 she can recall, she was told, which are the subject of the
8 indictment which are alleged to be misrepresentations in
9 the indictment, we intend to ask her about.
10 Since materiality is a key issue in the case, any
11 materiality made about misrepresentation, if she said, for
12 example, I was told that I was nominated, we intended to
13 ask her with specificity can you tell us how that
14 statement that you were nominated which you just recounted
15 affected your decision to purchase, if at all.
16 THE COURT: Yes, I'll let you say that.
17 Absolutely. But I don't want any help to the witness at
18 this crucial point as far as giving them hints as to,
19 well, did they say anything about committing murders? Did
20 they say anything about rapes? Did they say anything
21 about robberies? I don't want that. I'm not going to
22 allow it. If they object, unless they want it, then they
23 will not object, but if they object I will not allow it.
24 In other words, if the witness has to spontaneously or if
25 her memory needs to be refreshed as to these very
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 important portions of the case.
2 MR. WHITE: I wasn't up here to reargue the case,
3 Your Honor, but as far as where we go from here.
4 THE COURT: Well, if it affects you, of course.
5 MR. WHITE: Step two, materiality.
6 THE COURT: The United States Supreme Court
7 decided that.
8 MR. WHITE: That's true, although the jury is
9 a fact-finder, the deciding body here it will be a
10 disputed issue at trial.
11 THE COURT: That's why you have to bring it out.
12 MR. WHITE: The part two that we intend to bring
13 out that it's material, it will be subject to connection.
14 This witness can't testify about it, but this witness was
15 in fact taken from a mailing list and documents and
16 evidence will reflect it and other witnesses will reflect
17 that later on in the trial. And we intended to ask the
18 witness if the method of selection had been by mailing
19 list, not by nomination, would that have affected her
20 decision. Is that a permissible question?
21 THE COURT: Yes, I'll let you do that, but I will
22 tell the jury there is no such evidence in the case, this
23 is subject to connection. If it's not connected, they are
24 to disregard it.
25 MR. WHITE: That will be a recurring thing.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 THE COURT: You are giving me a good faith
2 representation you will connect it, right?
3 MR. WHITE: Oh, yes.
4 MR. TRABULUS: Your Honor, with regard to the
5 question of materiality, I'm concerned that the jury may
6 get confused between a particular decision that was made
7 by an individual member and the overall question of
8 materiality. As I understand the law of materiality, the
9 question is not whether or not the statement or
10 misstatement happened to effect this particular individual
11 but whether by its nature under I guess an objectively
12 reasonable type standard is of such a type to effect
13 somebody. So there is the danger of the jury confusing
14 what a particular individual claims would have affected
15 them and the issue of materiality which is really
16 independent with what happened in that particular person's
17 mind.
18 THE COURT: That may be, but I may have to cover
19 that in my charge if you so request but I'll allow the
20 government to go into whether -- that would be the basic
21 question. "If you knew this, would you have purchased
22 this book?" Absolutely. I will allow him to say that.
23 MR. TRABULUS: Your Honor, may I have a
24 continuing objection to that question as well as the
25 second question which Mr. White mentioned with regard to
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 the mailing list rather than have to get up all the time.
2 MR. SCHOER: May I be heard with respect to the
3 mailing list question?
4 THE COURT: Yes.
5 MR. SCHOER: That question only becomes
6 permissible, it seems to me, when the witness has
7 indicated that they asked that question -- I don't think
8 the government's position is Who's Who Worldwide had to
9 affirmatively tell everyone who called that their name
10 came from a mailing list. So unless the witness asked
11 whether or not my name came from a mailing list, it's not
12 material to the bargain and the question shouldn't even be
13 asked.
14 THE COURT: Overruled. I'm going to allow him to
15 ask it. This witness testified that she was told she was
16 nominated by someone, I don't recall what, nominated by
17 someone.
18 MR. JENKS: Anonymous, or by another member.
19 THE COURT: The person told me I was nominated
20 from -- for Who's Who in the World. I was told someone
21 nominated me. They couldn't find who nominated me. It's
22 usually anonymous whether a person is a member of Who's
23 Who nominated me. I was selected by a nomination by other
24 members. That's another part of her testimony.
25 The data was submitted, considered by the Board
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 of Directors whether we would be included.
2 No. Under that basis, I'll allow it.
3 Overruled.
4 (End side bar.)
5 BY MS. SCOTT:
6 Q Ms. Rieger, are you able to remember everything that
7 was said to you in that conversation from the person with
8 Who's Who Worldwide?
9 A I would say not.
10 MR. GEDULDIG: May I ask Ms. Scott to speak into
11 the microphone. I'm having a hard time hearing her.
12 THE COURT: She generally speaks up, now she is
13 getting softer, not that you are not soft, of course, but
14 a little softer.
15 MS. SCOTT: All right.
16 BY MS. SCOTT:
17 Q Is there anything that would refresh your
18 recollection about what you were told?
19 A Could be.
20 Q I'm showing you Government's Exhibit 3500-RR-1.
21 Can you take a look at that document for a few
22 minutes?
23 A (Perusing.) Okay.
24 Q Does that document refresh your recollection about
25 anything else that was said to you during the
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 conversation?
2 A Yes.
3 Q Can you tell us what that is?
4 A (Perusing.)
5 MR. LEE: Objection, Your Honor.
6 THE COURT: Will you tell me she shouldn't read
7 from this document.
8 MR. LEE: Yes.
9 THE COURT: Now, Ms. Rieger, we've been through
10 this before. You cannot read from that document because
11 it is not in evidence. You don't have to turn it down,
12 leave it up. However, you can look at it. If it
13 refreshes your recollection, you can testify as to your
14 refreshed recollection, but please do not just read from
15 the document.
16 Do you follow what I'm saying?
17 THE WITNESS: I do.
18 THE COURT: Okay.
19 THE WITNESS: Yes.
20 THE COURT: Now, go ahead.
21 BY MS. SCOTT:
22 Q Can you tell us what that document reminds you of,
23 Ms. Rieger?
24 A It reminds me that the person I spoke with said he
25 had been employed by the company for years. He also said
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 there was something like a 16 percent acceptance rate of
2 the people who applied for membership in the organization;
3 that they wanted a representation of broad spectrum of
4 professions. I think that's about it.
5 Q Ms. Rieger, what was the most important thing they
6 told you that would want you to purchase this membership?
7 MR. LEE: Objection, Your Honor.
8 THE COURT: Overruled.
9 A The fact that I had been nominated by a person.
10 Q Now, why did you think this purchase would be
11 advantageous to you?
12 A At that particular time I was interested in taking
13 class in creative writing and I thought perhaps that would
14 be a good way to network with other people who were in the
15 publishing or writing business.
16 Q Was there any -- withdrawn.
17 How did your perception that members were
18 nominated for membership relate to your understanding that
19 this was a valuable membership for you?
20 MR. JENKS: Objection.
21 THE COURT: Read it back, please.
22 (Record read.)
23 THE COURT: Sustained.
24 BY MS. SCOTT:
25 Q Ms. Rieger, the information that you had been
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER

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1 nominated and other members that had been nominated, how,
2 if at all, did that relate to your perception this was a
3 valuable networking tool for you?
4 MR. JENKS: Objection.
5 THE COURT: Sustained.
6 Q How did the information that you had been nominated
7 affect your perception of the book?
8 MR. TRABULUS: Objection.
9 MR. JENKS: Objection.
10 THE COURT: Overruled. If at all. Did it affect
11 your perception?
12 THE WITNESS: Absolutely.
13 THE COURT: How?
14 THE WITNESS: I figured if someone had vouched
15 for my being by nominating me for an award of this merit
16 -- of this scope, that it would lend a lot to the fact
17 that someone really thought that I was outstanding and
18 that I had been nominated by someone. If you had to be a
19 member of the organization to nominate someone else, of
20 course that would lend credence to the nomination process
21 itself. If they had been deemed worthy of honest
22 themselves and they chose to say -- to say that I was
23 worthy of an honor of such a fact, it would lend a lot of
24 credence to my nomination to this organization.
25 Q And what sort of credence are you talking about?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 MR. TRABULUS: Your Honor, move to strike because
2 the question was in relation to the book. She has
3 testified concerning the nomination.
4 THE COURT: Motion denied.
5 BY MS. SCOTT:
6 Q And what kind of credence do you mean?
7 A Well, if you weren't nominated by someone who could
8 vouch for your character and I feel like nomination for
9 this sort of an honor would include that, that you had to
10 be an outstanding, upstanding as well, person and someone
11 would have to know what kind of pharmacist I was, for
12 instance, to think that I was worthy of this sort of an
13 award. I wouldn't have wanted the registry at all if I
14 hadn't thought it was based on that sort of meritorious
15 nomination.
16 Q If in fact your name had been obtained not by
17 nomination from another member, but from a mailing list,
18 would that have affected your decision to buy the
19 membership?
20 A Absolutely. I wouldn't have wanted it.
21 Q Why is that?
22 A Because a mailing list doesn't do anything to sort
23 out what kind of person you are, you could be a sleaze
24 bucket and still be on a list, a mailing list, for heavens
25 sake.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 Q How much did you pay for your membership?
2 A They offered different length memberships and I opted
3 for the lifetime membership which is $490.
4 Q And how did you pay for it?
5 A By credit card.
6 Q How did you give them, Who's Who Worldwide, your
7 credit card number?
8 A I gave it by phone.
9 Q Now, I'm showing you Government's Exhibits 9-B and
10 9-E for Identification.
11 Do you recognize those?
12 A Yes, I do.
13 Q What are they?
14 A They are billing for the membership.
15 Q How did you obtain those?
16 A Through the mail.
17 MS. SCOTT: I offer Government's Exhibits 9-B and
18 9-E.
19 THE COURT: Any objection?
20 Government's Exhibit 9-B for Baker and 9-E for
21 Easy in evidence.
22 (Government's Exhibits 9-B and 9-E received in
23 evidence.)
24 BY MS. SCOTT:
25 Q Showing you Government's Exhibit 9-F for Frank for
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1 Identification.
2 Do you recognize that?
3 A Yes, I do.
4 Q What is that?
5 A That is a typewritten note by me to Who's Who
6 Worldwide. That asks them to make the biographical data
7 changes to read as follows regarding my biography.
8 MS. SCOTT: I offer Government's Exhibit 9-F as
9 in Frank.
10 THE COURT: Any objection?
11 Government's Exhibit 9-F, for fox, in evidence.
12 (Government's Exhibit 9-F received in evidence.)
13 BY MS. SCOTT:
14 Q Taking a look at Government's Exhibit 9-B.
15 What information is contained in that document?
16 A 9-B, okay. (Perusing.) It says Who's Who Worldwide
17 19 -- better get the glasses on again, 1983 --
18 THE COURT: Well, you will not go through all of
19 this. What do you have in mind?
20 MS. SCOTT: Your Honor, the date and amount and
21 what it commemorates.
22 THE WITNESS: Okay.
23 A Addressed to Rita Rieger, dated 2/4/93, invoice
24 number, and it has on here reference 105, one lifetime
25 member, split billing Who's Who Registry, Who's Who Global
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 Business Leaders, one Who's Who custom wall plaque, 9 by
2 12 lifetime, complimentary privileges and service, $490
3 plus $7 shipping charges.
4 Q What information is contained lower down on that
5 invoice?
6 A It has my business as a health care -- I'm a service
7 provider type of organization, acute care unit, University
8 Medical Clinic. Area of distribution, campus and visiting
9 students. Expertise, drug dispensing. Parent
10 organization, State University at Sacramento. Favorite
11 book, author -- do you want me to read the answers to them
12 too?
13 Q You don't need to read the answers, Ms. Rieger.
14 Is this information about yourself that you
15 provided to Who's Who Worldwide?
16 A Yes, it is.
17 Q Now, if you take a look at Government's Exhibit 9-F
18 for Frank, what is that?
19 A That's my addendum to this information.
20 Q And what were you doing when you gave them that
21 addendum?
22 A Giving them a corrected list of information that they
23 had listed on this invoice that would be published in the
24 directory.
25 Q Did you receive a plaque in connection with this
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2651
Rieger-direct/Scott

1 membership?
2 A Yes, I did.
3 Q And did you receive a directory?
4 A Yes. Yes, I did.
5 Q What happened when you received the directory?
6 A I thought something was strange. It just didn't seem
7 like something that you would pay $500 for.
8 Q What, if anything --
9 A I also got an invoice for $97 more and when I called
10 and asked them about that, they said, well, that was what
11 the split billing statement meant on the original invoice.
12 MR. LEE: Objection, Your Honor.
13 THE COURT: On what ground?
14 MR. LEE: Testimony as to her state of mind at
15 that time in the past.
16 THE COURT: State of mind.
17 MR. LEE: Her reaction.
18 THE COURT: Her reaction to it?
19 MR. LEE: I didn't say reaction.
20 THE COURT: I'm sorry, can't hear you.
21 MR. LEE: I thought it was improper as an
22 evidentiary matter. State of mind testimony. What
23 happened in the past.
24 THE COURT: Well, I'll overrule the objection.
25 Next question.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2652
Rieger-direct/Scott

1 You got another invoice for $97, you say?
2 THE WITNESS: Yes, I did.
3 BY MS. SCOTT:
4 Q What happened when you saw this invoice?
5 A My blood pressure went up.
6 Q Why?
7 MR. LEE: I object.
8 THE COURT: Yes, strike it out.
9 You want to proceed with that without getting her
10 emotional state involved.
11 MS. SCOTT: Yes, Your Honor.
12 THE WITNESS: I was angry there was virtually
13 another $100 more that would be charged. It was my
14 understanding, actually from the card that I had sent in
15 even, it said that on this card, uhm, there is no charge
16 or obligation on your part for inclusion in the registry.
17 So I called them and asked why I had received another bill
18 for $97 and was told that it was on -- it was stated on
19 the invoice that it was a split billing and I figured
20 since I had been dumb enough to give them my credit card
21 number with the expiration date, that they charged it to
22 me and I decided it wasn't worth the fight.
23 MR. LEE: Objection.
24 THE COURT: Yes, sustained. Starting with "I was
25 dumb enough" is sustained and it is stricken. Disregard
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2653
Rieger-direct/Scott

1 it.
2 BY MS. SCOTT:
3 Q You testified that you called and spoke with someone
4 at the company?
5 A Yes, I did.
6 Q What did you ask that person to do?
7 A I asked them to explain to me why I was being billed
8 for another $97.
9 Q Had anyone told you prior to that that you would be
10 billed for another $97?
11 A I had not understood that, no. It was my
12 understanding from the card saying there is no charge or
13 obligation on your part for inclusion in the registry,

14 that that would have been covered. In fact, I believed
15 that the $490 included the registry, the plaque and all
16 other services that would be rendered by that company.
17 MR. SCHOER: Objection.
18 MR. NELSON: Objection, Your Honor. I ask that
19 the answer be stricken as unresponsive to the question.
20 THE COURT: And I believe. The jury is
21 instructed to disregard it.
22 THE WITNESS: May I restate it?
23 MS. SCOTT: I'll rephrase the question, Your
24 Honor.
25 BY MS. SCOTT:
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2654
Rieger-direct/Scott

1 Q Why did you or what was your reason for asking for a
2 refund?
3 A I thought that I had already paid for it in the
4 $490 --
5 MR. SCHOER: Objection. There is no testimony
6 that she asked for any refund.
7 THE COURT: Is that your objection?
8 MR. SCHOER: Yes, Judge.
9 THE COURT: Overruled.
10 BY MS. SCOTT:
11 Q And why is it that you believed you were entitled to
12 a refund?
13 MR. JENKS: Objection.
14 THE COURT: Did you say you were entitled to a
15 refund?
16 THE WITNESS: I believed that I had already paid
17 for the registry.
18 THE COURT: Well, did you mention refund when you
19 called them or did you say --
20 THE WITNESS: I asked them why I was being
21 charged another $97 when I already paid another $490 to
22 the company.
23 THE COURT: So the word "refund" is not in the
24 picture, Ms. Scott.
25 MS. SCOTT: Your Honor, I apologize but I'm a
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2655
Rieger-direct/Scott

1 little bit confused about what is in the record or what
2 isn't. So if necessary I might ask the court for a
3 readback so I can figure out where --
4 THE COURT: There is no need for that. The
5 witness said she called up and asked why was she charged
6 another $90 some-odd. I didn't hear any refund
7 mentioned.
8 BY MS. SCOTT:
9 Q Can you explain why you were confused why you had
10 been charged for this additional $97?
11 MR. JENKS: Objection. Asked and answered.
12 THE COURT: It's repetitious. She's already
13 explained it.
14 MS. SCOTT: That was my confusion as to what is
15 in the record and what is not and if I'm asking a
16 repetitious question it's because I'm not sure whether the
17 initial answer is in the record.
18 THE COURT: It seems very clear to me. The
19 witness testified she got another bill for $97. She
20 called up and said why am I charged another $97. I
21 thought the $400 some-odd covered it. Isn't that what
22 happened?
23 T HE WITNESS: That's correct.
24 BY MS. SCOTT:
25 Q And where did you get the impression that the $490
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2656
Rieger-direct/Scott

1 covered the directory?
2 A (Perusing.) On the invoice it says "lifetime
3 membership/split billing Who's Who Registry, Who's Who
4 Global Business Leaders, one Who's Who custom wall plaque
5 9 by 12 lifetime, complimentary privileges and services."
6 THE COURT: You have to slow down, very much
7 slower. We don't have -- the jury doesn't have that
8 document in front of them.
9 THE WITNESS: Okay.
10 THE COURT: They have to listen to what you're
11 saying and I know you are not used to this.
12 THE WITNESS: You're right.
13 THE COURT: But you have to go slow.
14 THE WITNESS: Okay.
15 THE COURT: Okay.
16 THE WITNESS: Where do you want me to back up
17 to?
18 THE COURT: I think you should start all over
19 again.
20 THE WITNESS: Okay. The reason I felt the
21 registry was covered, it is listed on the invoice that
22 came from Who's Who Worldwide dated 2/4/93. On that
23 invoice is listed " one lifetime membership/split billing,
24 Who's Who Registry, Who's Who Global Business Leaders, one
25 Who's Who custom wall plaque 9 by 12." There's one line
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2657
Rieger-direct/Scott

1 that is given to the word "lifetime." I don't know what
2 that is relative to, but underneath it is "complimentary
3 privileges and services. Membership total, $490.
4 Shipping charges $7, for a total of $97."
5 To me in the business that I'm in when you get an
6 invoice like that, the bottom line indicates that
7 everything above was included on that invoice.
8 MR. SCHOER: Objection.
9 THE COURT: Overruled.
10 BY MS. SCOTT:
11 Q Now, Ms. Rieger, could you read the language in the
12 lower -- in the box at the bottom of the invoice that is
13 in a blue box.
14 A Yes.
15 Q Can you tell us what that language says?
16 A "Important information. By membership preference and
17 for your convenience the membership amount is split
18 billed. The first payment as shown is due now. Your
19 custom wall plaque will be shipped within two weeks of
20 payment. The final payment of $97 is due in December when
21 the Who's Who registry is released. Your membership
22 privileges have already been activated. You may use Who's
23 Who Worldwide as a credit reference."
24 Q Now, when you received the invoice containing this
25 language, was that before or after you had made the
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2658
Rieger-direct/Scott

1 purchase for the membership?
2 A It was after I talked to them on the phone and had
3 giem my numbers, I believe -- I'm not sure.
4 Q Were you contacted again by the company after
5 receiving the directory?
6 A Well, I got an invoice with that for $97.
7 Q After receiving the $97 invoice, did you receive any
8 other communications from the company?
9 A Oh, yes. I got a couple of newsletters and I'm not
10 certain but I received a template and a little pocket
11 organizer, I think it was, with a logo on it.
12 Q Did you use the book for networking?
13 A No, I did not.
14 Q Can you tell us why that was?
15 A After I looked at it I just didn't think that it had
16 the merit that I thought it would have and so the people
17 who were listed in it.
18 Q Were you ever able to find the person who had
19 nominated you from looking at the book?
20 A No, I was not.
21 Q When you say that you didn't want to use the book for
22 networking because of the people in it, what did you mean
23 by that?
24 A Well, I thought that some of the biographies weren't
25 really, really outstanding. I just really didn't feel
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2659
Rieger-cross/Jenks

1 this was Global Business Leaders particularly.
2 MS. SCOTT: I have no further questions. Thank
3 you, Your Honor.
4 THE COURT: All right. Cross-examination.
5 MR. TRABULUS: Your Honor, may I just have a
6 moment?
7 THE COURT: Yes.
8 MR. JENKS: Judge, I'll give Mr. Trabulus some
9 time to collect his thoughts. I'll ask a few questions.
10 THE COURT: Very well.
11 CROSS-EXAMINATION
12 BY MR. JENKS:
13 Q Good afternoon, Ms. Rieger.
14 A Good afternoon.
15 Q Ms. Rieger --
16 A Your name is?
17 Q I'm Mr. Jenks, Ms. Rieger.
18 A Thank you.
19 Q J-E-N-K-S. I'm the attorney for Who's Who Worldwide,
20 okay.
21 A Okay.
22 Q You came in from California, I take it, correct?
23 A That's correct.
24 Q And did you fly in over the weekend?
25 A Yes, I did.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2660
Rieger-cross/Jenks

1 Q And did the government pay your expenses, I take it,
2 to fly you from California?
3 A I'm assuming they did.
4 Q Well, when you say you are assuming, you don't expect
5 to have to pay to come from California to testify in New
6 York without being reimbursed for your trip by the United
7 States Government through Mr. White and Mrs. Scott; am I
8 correct?
9 A I think that's part of the agreement, yes.
10 Q Well, the agreement is that the United States
11 Government -- withdrawn.
12 Would it be fair to say that the United States
13 Government asked you to come here to testify in this
14 trial?
15 A Yes, I was subpoenaed for that.
16 Q All right.
17 But prior to your being subpoenaed for that, you
18 were contacted by telephone from a member of the United
19 States Government, is that true?
20 A Yes.
21 Q And did Inspector Biegelman or Martin Biegelman
22 contact you about coming here to testify in this case?
23 A I don't remember talking to Mr. Biegelman.
24 Q All right.
25 A I got a questionnaire from him.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2661
Rieger-cross/Jenks

1 Q You got a questionnaire from him.
2 MR. JENKS: If I can have the original
3 questionnaire, Ms. Scott.

4 Q That's 3500-RR-1.
5 A Yes.
6 Q Now, the date of that questionnaire is June 14, 1995;
7 am I correct?
8 A That's right.
9 Q Prior to June 14, 1995 when you received this
10 questionnaire, had anyone from the United States
11 Government contacted you?
12 A No.
13 Q Prior to the receipt of this questionnaire, had you
14 made any complaints to any federal agency concerning the
15 business practices of Who's Who Worldwide?
16 A No.
17 Q Had you made any complaints to any Better Business
18 Bureau regarding the business practices of Who's Who
19 Worldwide?
20 A No.
21 Q Did you make any complaints to any state agency or
22 any consumer agency either in New York or in California
23 concerning anything that you had had with Who's Who
24 Worldwide?
25 A No.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER

2662
Rieger-cross/Jenks

1 Q All right.
2 So up until the time the United States Government
3 contacted you, you have not gone anyplace to complain
4 about anything that had happened with your transaction
5 concerning Who's Who Worldwide, is that fair to say?
6 A Well, I complained to the company about the billing,
7 yes.
8 Q Well, that's a separate issue.
9 I'm talking about, I don't want to talk about the
10 billing right now. I'm talking about, did you make any
11 complaints to any agency regarding the practices of
12 Barbara Walters of Who's Who Worldwide prior to the
13 receipt of this questionnaire?
14 A If you start feeling like you've been done, you don't
15 advertise it.
16 Q So your answer is no, am I correct, ma'am?
17 A Yes.
18 Q When did you get to New York?
19 A Sunday evening.
20 Q And you flew in from California during the day
21 sometime on Sunday?
22 A All day Sunday.
23 Q Did the United States Government give you money to
24 take that air trip?
25 A No.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2663
Rieger-cross/Jenks

1 Q They are going to reimburse you, though; am I
2 correct?
3 A On my expenses, I think, yes.
4 Q When you say on your expenses, I take it we're
5 talking about all your expenses associated with your trip;
6 am I right?
7 A I'm not sure what you are including in the blanket
8 "all."
9 Q Let me go through them one step at a time.
10 From Sunday night when you got here, you've been
11 staying in a hotel, correct?
12 A That's right.
13 Q Staying over here in the Marriott in Uniondale?
14 A Yes.
15 MR. WHITE: Objection, Your Honor.
16 THE COURT: Yes, sustained. Strike it out. The
17 jury is instructed to disregard it.
18 Let's not get into that. The hotel is
19 sufficient.
20 BY MR. JENKS:
21 Q You are staying in a hotel, correct?
22 THE COURT: No more of that.
23 Q The government has agreed to pay for your lodging; am
24 I correct?
25 MR. WHITE: Objection to the whole line of
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2664
Rieger-cross/Jenks

1 questioning.
2 THE COURT: Overruled.
3 MR. WHITE: Your Honor --
4 THE COURT: Who is making the objections, you or
5 Ms. Scott?
6 MR. WHITE: I'm sorry I jumped up. I'm sorry.
7 THE COURT: Okay. You want to make the
8 objections or does Ms. Scott?
9 MS. SCOTT: Yes, Your Honor. I objected to the
10 whole line of questioning and I believe you overruled the
11 objection.
12 THE COURT: Well, okay. Go ahead.

13 BY MR. JENKS:
14 Q Would it be fair to say that the government is paying
15 for your lodging, ma'am?
16 A Yes.
17 Q And your meals?
18 A To a certain amount.
19 Q And your transportation back and forth to the
20 airport; am I correct?
21 A Yes.
22 Q Now, would it be fair to say that the first time you
23 heard from anyone in the government concerning Who's Who
24 Worldwide was June 14, 1995 when you received this
25 questionnaire or sometime thereafter?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2665
Rieger-cross/Jenks

1 A Yes.
2 Q And you responded and filled out this questionnaire;
3 am I correct?
4 A I did.
5 Q And after you filled out this questionnaire, you sent
6 it back to the government; am I right?
7 A That's correct.
8 Q And would it be fair to say that sometime subsequent

9 to sending back the questionnaire, you received a
10 telephone call from members of the United States
11 Government, right?
12 A That's correct.
13 Q And who was the first person that contacted you?
14 A Attorney Ron White, I believe.
15 Q From the United States Attorney's Office?
16 A Yes.
17 Q And you and he --
18 A No, wait a minute. It may have been Al Pagano. I'm
19 not certain.
20 Q But it was either Al Pagano or Ron White?
21 A Yes.
22 Q And I take it you had a conversation with one of
23 them, correct, when they contacted you?
24 A Yes.
25 Q And can you tell us the sum and substance of the
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2666
Rieger-cross/Jenks

1 conversation that you had with either Inspector Pagano or
2 with Mr. White?
3 A They identified themselves as being from the U.S.

4 Attorney's Office and that they were working on a case
5 that Mr. -- A postal inspector in the area had contacted
6 me about that they would be the prosecutors in the case.
7 Q This was the first telephone call that you got,
8 correct?
9 A I believe so.
10 Q Did they tell you that it was a criminal case that
11 you would be testifying in?
12 A I don't remember that.
13 Q Did they tell you that people, that it was their
14 feeling that people have been defrauded by the company or
15 by various people of the company?
16 A No.
17 Q Did you ask them what kind of case it was?
18 A I figured it would be a postal inspector case. That
19 is what they referenced.
20 Q Did they tell you they were prosecuting various
21 members of the company that you had paid money to?
22 A No.
23 Q Okay.
24 When you got this letter, by the way, is th is the
25 only letter you got, this letter dated June 14, 1995 from
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2667
Rieger-cross/Jenks

1 the postal inspector?
2 A Letter from whom?
3 Q From the United States postal inspector.
4 A Yes.
5 Q When you got this letter, you received a cover letter
6 with it; am I correct?
7 A I don't remember that.
8 Q All right.
9 Is the cover letter there on top?
10 A (Indicating) Is that what you mean?
11 Q Yes.
12 That is your writing on 3500-RR-1?
13 A Yes.
14 Q Your writing is in fact at the bottom of that cover
15 letter, correct?
16 A If that's the cover letter, yes.
17 Q So you did in fact receive a letter along with that
18 questionnaire addressed to "dear postal customer;" is that
19 correct?
20 A Yes.
21 Q You read that letter; am I rig ht?
22 A Yes.
23 Q Did you understand that by reading that letter that
24 Who's Who Worldwide was the subject of an investigation by
25 the United States Postal Inspection Service?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2668
Rieger-cross/Jenks

1 A Yes.
2 Q Okay.
3 Now, after you had this conversation, I take
4 it -- and I'm trying to get the sequence of things, how
5 long thereafter when you received this letter did you have
6 a conversation with a member of the government?
7 A I don't know.
8 Q Six months, a year?
9 A I don't know.
10 Q You have no idea when the first time is?
11 A No.
12 Q You remember the substance of the conversation
13 though; am I correct?
14 A Yes.
15 Q And it was either with Mr. White or with Mr. Pagano,
16 correct?
17 A Yes.
18 Q How long did the conversation take place?
19 A You mean how long did we talk on the phone?
20 Q Yes.
21 A I don't remember.
22 Q You don't remember.
23 Well, you seem to remember a conversation back in
24 1993 with someone from Who's Who Worldwide?
25 A You are asking me for how many minutes it took us to
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2669
Rieger-cross/Jenks

1 converse.
2 Q Excuse me, ma'am, I'm not finished with the
3 question.
4 You recall having a conversation with someone
5 from Who's Who Worldwide --
6 A Yes, I do.
7 Q Back in 1993; am I correct?
8 A Yes.
9 THE COURT: Excuse me. You have to wait until
10 the question is over --
11 THE WITNESS: Sorry.
12 THE COURT: -- before you answer.
13 THE WITNESS: Sorry.
14 BY MR. JENKS:
15 Q And you recall very intimate or detailed par ts of
16 that conversation, did you not?
17 A Yes, I do.
18 Q In fact, you recounted them for Ms. Scott when she
19 questioned you, right?
20 A Yes. Can you remember where you were when President
21 Kennedy was killed?
22 Q Okay.
23 A Hey, there are certain events in your life that you
24 remember better than others.
25 MR. JENKS: Judge, I will ask that it be stricken
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2670
Rieger-cross/Jenks

1 and the witness be given an instruction just to respond to
2 the questions.
3 THE COURT: Yes, the entire answer given by the
4 witness is stricken. The jury is instructed to disregard
5 it.
6 Ms. Rieger, under our method of proceeding, after
7 the prosecutor questions you then the defense attorneys
8 are permitted to cross-examine you and they can question
9 you with reg ard to very specific things. If you don't
10 remember or you don't know, just say so. But just listen
11 to the questions and try to answer responsively.
12 THE WITNESS: Okay.
13 THE COURT: If you haven't been permitted to
14 answer fully, Ms. Scott is listening to this and she will
15 have another chance to question you if she thinks you
16 haven't been permitted to fully answer.
17 Do you follow?
18 THE WITNESS: Yes, I do.
19 THE COURT: In our procedure, cross-examination
20 is very important. Every lawyer has a right to
21 cross-examine the opposing witness.
22 THE WITNESS: As a newcomer to the Court, it is a
23 little confusing to me how they can lead the witness and
24 how others can't.
25 THE COURT: Good thinking. That's what they can
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2671
Rieger-cross/Jenks

1 do. They ca n lead and the others can't. You just
2 summarized it better than I do.
3 THE WITNESS: I need an education like that.
4 THE COURT: Well, you're doing very well. Now,
5 just listen to the questions.
6 MR. JENKS: Would you like a cup of water?
7 THE WITNESS: I can go ahead with that. Thank
8 you.
9 BY MR. JENKS:
10 Q There came a time you had a conversation with either
11 Mr. White or Inspector Pagano?
12 A Yes.
13 Q Did you have another conversation with the
14 government?
15 A Yes.
16 Q Before you flew here, correct?
17 A Yes.
18 Q And that was sometime after -- withdrawn.
19 How long thereafter was the second conversation?
20 A Well, it all compressed into the time between
21 probably July of '95 and now.
22 Q Okay.
23 How many conversations would you say all total
24 that you had with members of the Unit ed States Government
25 prior to your flying here from California?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2672
Rieger-cross/Jenks

1 A Probably four.
2 Q And they asked you essentially to volunteer to be a
3 witness; am I correct?
4 A They didn't have to ask me.
5 Q You volunteered to be a witness?
6 A I said I hope I can help you in this investigation.
7 From Dr. Biegelman or Mr. Biegelman's letter, I wrote on
8 there that I hope I could help the investigation.
9 Q But up until the point of receiving anything from
10 Inspector Biegelman, you had not filed any complaints with
11 anyone anywhere, correct?
12 THE COURT: We'll not get into that again. We've
13 covered it three times already in every way, state,
14 federal and otherwise.
15 BY MR. JENKS:
16 Q The four conversations that you say you had
17 approx imately, right --
18 A At least. I had that many.
19 Q At least.
20 A Yes.
21 Q Would it be fair to say that you volunteered to come
22 here to be a witness for the government in this case,
23 correct?
24 A If the government didn't pay for it, I would have
25 gladly paid for it.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2673
Rieger-cross/Jenks

1 Q Did you expect to come here and recoup your $497?
2 A No, that was not the purpose of this visit.
3 Q All right.
4 I want to talk about what you got when you became
5 a member. You received a card in the mail; am I correct?
6 A Yes, essentially.
7 Q A package in the mail from Who's Who Worldwide, is
8 that fair to say?
9 A When are you saying I received this?
10 Q Prior to you becoming a member.
11 A I don't remember that.
12 Q Take a look at the Go vernment Exhibits in front of
13 you. I believe it is 9-D.
14 THE COURT: D for Dog or B for Baker?
15 MR. JENKS: D for Dog, Your Honor.
16 BY MR. JENKS:
17 Q Do you see 9-D?
18 A Yes.
19 Q Is that a card you received in the mail from Who's
20 Who Worldwide?
21 A Yes.
22 Q All right.
23 When you received that card in the mail, would it
24 be fair to say that was the first communication that you
25 had from the company Who's Who Worldwide?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2674
Rieger-cross/Jenks

1 A I do not remember the sequence from that, whether
2 this was first or the phone call was first.
3 Q You are not certain?
4 A No, I'm not.
5 Q But you did fill out this card; am I correct?
6 A I did.
7 Q And this was prior to your sending any money,
8 correct, to Who's Who Worldwide ?
9 A Yes.
10 Q And the card does say there is no charge or
11 obligation on your part for inclusion in the registry,
12 correct?
13 A Correct.
14 Q And you filled out your name Rita Rieger, right?
15 A That's correct.
16 Q And the fact that you were a pharmacist at a student
17 health center in Sacramento, California?
18 A That's right.
19 Q And you on your own sent it back with your return
20 address to Who's Who Worldwide, right?
21 A Right.
22 Q And that was as a result of something that you had
23 obviously received in the mail from California.
24 You got this in the mail?
25 A I would say so.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2675
Rieger-cross/Jenks

1 Q And you filled it out and mailed it back, correct?
2 A Yes.
3 Q And would it be fair to say this was prior to your
4 p urchasing a membership from Who's Who Worldwide?
5 A I don't know that that's the sequence of it, no. I
6 don't know whether I got this before or after I spoke with
7 them on the phone.
8 Q All right.
9 You are not certain then?
10 A No, I'm not.
11 Q Now, there came a time that you spoke with someone on
12 the phone at Who's Who Worldwide, correct?
13 A Yes.
14 Q Several conversations on the phone; am I right?
15 A More than one.
16 Q Did you speak to different people on different
17 occasions?
18 A I'm not certain.
19 Q And you are not certain as to who it was that you in
20 fact spoke to, correct?
21 A I know there was reference to the first call at each
22 time, the reference that I had spoken with, somebody had
23 refreshed my memory, yes, I remember that I spoke with
24 somebody from Who's Who.
25 Q Now, when you agre ed at some point to purchase a
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1 membership, am I correct --
2 A That's correct.
3 Q -- And your testimony was that you were not told
4 after you purchased a membership that you were going to
5 get another bill for $97 for the registry; am I correct?
6 A That was my understanding.
7 Q That was your understanding.
8 Now, when you purchased the membership, you
9 received back from them this invoice, I mean this
10 confirmation or invoice.
11 Take a look at Government's Exhibit 9-E.
12 A Yes.
13 Q You received that in the mail which basically was a
14 confirmation of your becoming a member in Who's Who
15 Worldwide; am I right?
16 A Biographical data, yes.
17 Q In fact, that biographical data that is there in this
18 9-E in evidence, that's biograp hical data that you
19 provided to the company?
20 A Through telephone interview and written, yes.
21 Q This is not something that they made up, this is
22 something that you gave them, right?
23 A Yes.
24 Q I'll ask you to look at 9-E with me.
25 When it says the type of business you are in,
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1 health care, that is correct, right?
2 A Yes.
3 Q When it says "the type of organization," "an acute
4 care university medical clinic," that was correct at the
5 time, right?
6 A Yes.
7 Q And when it says "the area of distribution, "campus"
8 and in visiting students, that was right?
9 A Yes.
10 Q -- And it says "expertise, drug dispensing." Do you
11 see that, right?
12 A Yes.
13 Q Is that drug dispensing because you are a pharmacist?

14 A Correct.
15 Q Parent organization was California State University
16 at Sacramento?
17 A Right.
18 Q Yes?
19 A Yes.
20 Q And it lists various hobbies and sports and books you
21 might like and be interested in, correct?
22 A Yes.
23 Q There came a time you said that you paid your $497
24 and then you got this new bill in the mail for $97,
25 correct, to buy the registry?
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1 A Yes, that came with the registry, yes.
2 Q Take a look at 9-E here for the jury that is in
3 evidence, and take a look up toward the top, the first
4 third of the page.
5 Do you see where the word "details" is? Do you
6 see where it says details?
7 A Yes.
8 Q Do you see right underneath details, it says "one
9 lifetime membership, split billing "? Do you see that?
10 A Yes.
11 Q Take a look again down to the bottom of the page on
12 the left where it says "important information." Do you see
13 that?
14 A Yes.
15 Q It says in that paragraph, does it not, "the final
16 payment of $97 is due in December when the Who's Who
17 registry is released." That's in big printed letters on
18 that Who's Who Worldwide form; am I correct?
19 A Yes.
20 Q When you received this invoice statement, 9-E,
21 shortly after your purchase of the membership, did you
22 call to Who's Who Worldwide and ask them what this
23 additional $97 is?
24 A No. The invoice has the registry listed right under
25 the membership above the $497 total line.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 Q But it says "split billing," am I correct, on the
2 invoice?

3 A That's correct.
4 Q That's not a term you would be familiar with as being
5 a pharmacist, would you, split billing?
6 A No.
7 Q And it also says right there, right on the form that
8 you received shortly after the purchase of your membership
9 that the final payment of $97 is due in December when the
10 Who's Who registry is released, correct?
11 A Umm-hmm.
12 Q It says that there, right?
13 A Yes, it says that.
14 Q And it would be fair to say that you received this
15 confirmation or this invoice with all your credentials on
16 it shortly after you purchased the membership, correct?
17 A Probably, yes.
18 Q All right.
19 Well, the invoice dated is 2/4/93; am I correct?
20 A Yes.
21 Q Would it be fair to say that you purchased your
22 membership sometime around early February of 1993?
23 A Yes, I would think so. Before that .
24 Q Right.
25 Well, your credit card was charged, would it be
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1 fair to say, on February 4, 1993?
2 A I don't know.
3 Q All right.
4 Do you have the credit card receipt there in that
5 package?
6 A If you would like I can look for it.
7 Q Let me ask you if you have 9-A there.
8 A No, I do not.
9 Q I'll ask you to take a look at Government's Exhibit
10 9-A (handing). Would that be your credit card receipt or
11 your credit card number for the purpose of Who's Who,
12 ma'am?
13 A It looks like it, yes.
14 Q Was that in fact the amount that was in fact charged?
15 A $497.
16 Q Right.
17 A Yes.
18 MR. JENKS: Is that in evidence, Mr. White?
19 MR. WHITE: No.
20 MR. JENKS: I'll offer 9-A in evidence.
21 MS. SCOTT: No objection, Your Honor.
22 THE COURT: So marked in evidence.
23 (Government's Exhibit 9-A received in evidence.)
24 BY MR. JENKS:
25 Q When was it charged?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 A This receipt is dated 2/4/93.
2 Q And what we were looking at which was 9-E in front of
3 you, the invoice date was 2/4/93; am I correct?
4 A That's right.
5 Q And your membership date was 2/3/93, right?
6 A (Perusing.) I don't see that anywhere.
7 Q Well, look at 9-E up on the top. It says effective
8 membership date on the top right-hand corner?
9 A On E, you said?
10 Q Yes.
11 A "Effective membership date, 2/3/93."
12 Q Now, you didn't address initially this $97 issue
13 right away; am I correct? You said you addressed it
14 sometime in the future when you got a statement in the
15 mail, right?
16 A That's correct.
17 Q And I'm going to show you this book, it's a
18 Defendant's Exhibit.
19 MR. TRABULUS: I think the next one would be
20 either O or P, I lost track. Make it O.
21 THE COURT: No, O was used for Identification.
22 MR. TRABULUS: Make it P.
23 THE COURT: My unofficial list tells me that.
24 MR. JENKS: I'm asleep here at this point. What
25 was the exhibit?
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1 THE COURT: P for Peter.
2 MR. JENKS: For Peter.
3 BY MR. JENKS:
4 Q I'll show you what has been marked as Defendant's
5 Exhibit P for Identification and I'll ask you to take a
6 look specifically at page 120.
7 A This is not the copy of the registry I received.
8 Q Okay.
9 I'll ask you to open it up to page 120. Which
10 r egistry -- before we go forward, which registry did you
11 receive?
12 A I received a red one, didn't have anything about
13 Executive Club on it, I believe.
14 Q Let me continue with this and then we'll get to the
15 red one, okay. Take a look at page 120 in here.
16 A Umm-hmm.
17 Q Is your name in this registry here Who's Who
18 Executive Club?
19 A Yes.
20 Q It's on page 120. Do you see it, ma'am?
21 A Yes, I do.
22 Q And that's you, "Rita M. Rieger, Registered
23 Pharmacist;" am I right?
24 A That's right.
25 Q And in this listing let's look at it together. In
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1 the listing it has you as a pharmacist; am I right?
2 A Umm-hmm.
3 Q With the student health center in Sacramento,
4 California.
5 A Right.
6 Q And the bus iness, it shows where you work; am I
7 correct?
8 A Yes.
9 Q And it also shows information about California State
10 University, right?
11 A Umm-hmm.
12 Q Your favorite magazine, the Bottom Line?
13 A Umm-hmm.
14 THE COURT: You have to answer yes rather then
15 make the sound you've been making.
16 BY MR. JENKS:
17 Q FV, favorite vacation, would be Switzerland?
18 A Yes.
19 Q And your hobbies or sports would be music, writing,
20 photography, garden, golf, snow sking, hiking and
21 bicycling; is that correct?
22 A Yes.
23 Q And this is the information that you provided to
24 Who's Who Worldwide; am I right?
25 A Yes.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 Q And your name does appear in this registry,
2 Defendant's Exhibit P, which is Who's Who Executive Club
3 for 1994 and 1995, correct?
4 A Yes.
5 Q Now, you purchased the lifetime membership in 1993;
6 am I right?
7 A Yes, that's what the sheet says.
8 Q You are in here for '94 and '95 under lifetime
9 members?
10 A Right.
11 Q Is there anything in that entry about Rita Rieger,
12 Registered Pharmacist, that is in fact inaccurate or
13 untrue?
14 A No.
15 Q In fact, everything that is in here is information
16 that you had provided to Who's Who, right?
17 A Yes.
18 Q And they gave you a listing in the book under
19 lifetime members in the registry of Who's Who; am I right?
20 A Yes.
21 Q Now, if you just look through here, let's just look
22 with me on this side, just randomly pick a column, okay.
23 You testified that you were dissatisfied with --
24 you didn't feel that the people that were listed in the

25 book were global leaders, is that fair to say?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 A I said I didn't think that they all were.
2 Q Right. You didn't think they all were.
3 Pick any column, pick this column here. Let's
4 start here.
5 Is there an entry for a Roger Rigolli?
6 A Yes.
7 Q He's the president of Blue Ridge Tea & Herb Company,
8 Ltd.?
9 A That's what it says.
10 Q Let's skip down because that is a corporation the
11 next entry. Let's look at David W. Riley. Dr. David W.
12 Riley. Do you see that?
13 A Umm-hmm. Yes.
14 THE COURT: How do you spell Riley?
15 MR. JENKS: R-I-L-E-Y.
16 BY MR. JENKS:
17 Q He's the president of Extrusion Engineers. Do you
18 see that entry?
19 A Yes.
20 Q Joel Rimler, he's the president of Proteus Data
21 Syste ms. Do you see that?
22 A Yes.
23 Q And finally let's do one more or two more entries.
24 Let's look at the next entry in this column. Just a
25 random clinic. Jamie Rindock.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 That person is a vice-president of Integra
2 Mortgage Company?
3 A That's correct.
4 Q And finally one last name in this column, that's the
5 same page you are, Beverly S. Rierdon. It says that she
6 is the owner and attorney of the law offices of Beverly S.
7 Rierdon. Do you see that?
8 A Yes.
9 Q And it would be fair to say all of the people that I
10 just randomly selected from a column of the book going
11 down the list are all presidents and/or owners of various
12 businesses?
13 A That's correct.
14 Q And it's your testimony that you were dissatisfied
15 wi th the selection of the members that were contained in
16 that book, is that so?
17 A Titles don't make a person.
18 Q That's true. But it is still your testimony, despite
19 what I've read out loud at random there just picking a
20 column, that those people were not up to snuff, so to
21 speak, to you?
22 A I didn't say those particular people.
23 Q But you did say you felt that the quality --
24 A I thought there were listings that didn't merit being
25 there, is what I said.
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1 MR. JENKS: Your Honor, I will offer Defendant's
2 Exhibit P in evidence.
3 THE COURT: Any objection?
4 MS. SCOTT: No objection.
5 THE COURT: Defendant's Exhibit P for Peter, in
6 evidence.
7 (Defendant's Exhibit P received in evidence.)
8 THE COURT: I think we'll take a recess at this
9 time.
10 Members of the jury, we'll take a ten-minute
11 recess. Please don't discuss the case. Keep an open
12 mind.
13 Please recess yourselves.
14 (Jury exits.)
15 THE COURT: Where is Mr. Dunn?
16 MR. DUNN: I'm right here.
17 THE COURT: Mr. Dunn, did the court security
18 officer speak to your client about using the machinery
19 that he wanted to use?
20 MR. DUNN: They just asked if he would bring it
21 in. He will not bring it in until later.
22 THE COURT: He just asked to bring it in.
23 MR. WHITE: Your Honor, may I make a point while
24 the jury is out. The government would ask in light of
25 Mr. Jenks' questioning you instruct the jury that the
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1 government is required by law to offer reimbursement of
2 travel e xpenses and other expenses to witnesses. They can
3 raise it to the extent they think it creates some bias on
4 the part of the witness but the government is required to
5 do so.
6 THE COURT: I don't know if that is so. I don't
7 think there is anything wrong. In fact, I think it is
8 very usual, proper, ordinary and done all the time for the
9 government to pay for the witness' expenses. Where do you
10 say it is by law?
11 MR. WHITE: I'm pretty sure, Your Honor, that
12 they do. But at a minimum --
13 THE COURT: When I was trying cases I used to
14 bring that out right away that we paid for certain things,
15 right, Mr. White. But I don't know where you say it is by
16 law.
17 MR. WHITE: I'll look it up, Your Honor. But can
18 Your Honor instruct the jury at a minimum that that is the
19 typical custom and practice that all the witnesses are
20 rei mbursed for their expenses.
21 THE COURT: No, I will not instruct the jury to
22 that effect. What I will do in my charge is to say that
23 it is perfectly proper for lawyers on both sides to
24 interview witnesses and speak to them before they
25 testify. That I will say. I will not say anything about
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 the expenses. If you show -- that's a new one, I never
2 heard that one. However, if you will show me by law the
3 government is required to pay for the expenses, then I
4 will charge the jury to that effect.
5 MR. WHITE: Okay. I'll look at the statute. I
6 thought -- I was under the impression that the government
7 was.
8 THE COURT: It may be, but it may be custom and
9 use. It may be policy. It may not be a statute.
10 MR. WHITE: Well, I know whenever -- well, I'll

11 look it up.
12 THE COURT: Okay.
13 (Recess taken.)
14 THE COURT: You may proceed, Mr. Jenks.
15 BY MR. JENKS:
16 Q Ms. Rieger, I'll show you Defendant's Exhibit Q for
17 Identification, and this is the Who's Who Worldwide Global
18 Edition registry, 1993 and 1994, correct?
19 A Yes.
20 Q Take a look at page 84, the top left-hand corner, the
21 first entry on the page.
22 A That's mine.
23 Q Is that you?
24 A Yes.
25 Q Is all the information that is listed in this caption
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 enclosed naming of you, accurate and correct?
2 A I don't understand the notation Dist, Fair Oaks,
3 California. That's not -- that's where I lived at the
4 time but it's not where I worked and it is listed under
5 the drug information and dispensing.

6 Q But all the information about your education, your
7 employment, your background, your hobbies, etcetera,
8 that's all fairly accurately listed; is that correct?
9 A Yes.
10 Q All right.
11 Is this the registry that you had actually
12 purchased, this book?
13 A Yes, that's what I received.
14 Q This is the 1993-1994 edition?
15 A Yes.
16 Q And on page 84, it would indicate who the lifetime
17 members were in the book; am I right?
18 A Yes.
19 Q And you were listed as a lifetime member; am I right?
20 A That's right.
21 Q And this is the one you bought and the one you got
22 for the purchase that you made?
23 A Yes.
24 MR. JENKS: All right. I'm going to offer this,
25 Your Honor, Defendant's Exhibit Q for Identification, in
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 evidence.
2 THE COURT: Any objection?
3 MS. SCOTT: No objection.
4 THE COURT: Defendant's Exhibit Q, for Queen, in
5 evidence.
6 (Defendant's Exhibit Q received in evidence.)
7 BY MR. JENKS:
8 Q Now, Ms. Rieger, you had actually sent biographical
9 data to Who's Who Worldwide about who you are in your
10 background, right?
11 A Yes.
12 Q That's Government's Exhibit 9-F in evidence.
13 A Yes.
14 Q You see that, right?
15 A Yes.
16 Q And that's in evidence. It says "Dear sirs, please
17 change the biographical data on Rita M. Rieger, to read as
18 follows. . ." Do you see that?
19 A Yes.
20 Q And there it proceeds to list your business, your
21 education, your hobbies, your favorite vacation place.
22 You see all of that, right?
23 A Yes, that was a correction to the invoice.
24 Q Right.
25 So l et me make sure I understand that when you
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 said it is a correction to the invoice. The invoice is
2 9-E, right?
3 A Yes.
4 Q That's the invoice, right?
5 A Yes.
6 Q And that's the invoice --
7 A Actually that is a copy of 9-B, it looks to me like.
8 They are both dated 2/4/93.
9 Q Well, do you have 9-B in front of you?
10 A Yes.
11 Q And look at 9-B then.
12 A Yes.
13 Q After you got 9-B, okay, you then sent to Who's Who
14 Worldwide your biographical data, right?
15 A 9-B is the top copy of 9-E, right?
16 Q Yes, that's the invoice.
17 A Yes.
18 Q So you received 9-B, the invoice and then you sent
19 off your biographical --
20 A Corrections to it.
21 Q Corrections, right?
22 A On the biographical data.

23 Q The corporation, Who's Who Worldwide, when they got
24 your biographical data, they put it in the book, it's in
25 that book, the red book you bought, right?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 A Yes.
2 Q It's in there, correct?
3 A Yes.
4 Q You would agree with me? I mean, I'm standing here a
5 while cross-examining you, you are an educated woman,
6 right, you have a Bachelor of Science degree from Idaho
7 State University?
8 A Yes.
9 Q You are an articulate woman, you would agree with
10 that?
11 A I agree with what in fact?
12 Q That you are an articulate person, right?
13 A Yes.
14 Q And you are well-traveled. You've been to
15 Switzerland, I take it, if it's your favorite vacation
16 place, correct?
17 A Yes.
18 Q And you work in an acute care fa cility at the time in
19 a medical clinic of a State University in California,
20 right?
21 A Yes.
22 Q And you had no problem whatsoever reading or writing
23 or understanding English, right?
24 THE WITNESS: I'm supposed to be polite but he's
25 supposed to be sarcastic. Yes, I can read and write
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 English.
2 THE COURT: He can be what he wants to be as long
3 as he doesn't step out of line. He hasn't done that yet.
4 But it is obvious to everybody in the courtroom he's that
5 way, so, you know, he can be that way if you think he's
6 that way. I can't stop him.
7 A Yes, I can read and write English.
8 Q I'm a nice guy. I'm not trying to be sarcastic,
9 okay. I'm just asking you questions about your
10 biographical background.
11 A Thank you for your clarification.
12 Q There's nothing personal between you and me, you
13 understand that?
14 A I'm with you, I think.
15 Q All right.
16 Now, with all this background and so forth that
17 you have, how was it that you say that you were able to be
18 taken by being sold a registry or a membership in a group?
19 A I had other honors in my lifetime and this seemed
20 quite similar at the outset.
21 Q When Ms. Scott had questioned you, she asked you, one
22 of the questions, what's the most important reason to
23 purchase a membership? Do you remember that? Do you
24 remember her asking you that question?
25 A I don't think those were her exact words, but okay.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 I get the gist of it.
2 Q And you answered, and it's the jury's recollection
3 that controls, but you answered "the fact that I had been
4 nominated." Do you recall saying that?
5 A Yes. That someone nominated me.
6 Q Wouldn't it be really true to say, with all the
7 kidding aside, the reason a person purchased a membership
8 in one of these directories or registries is for vanity or
9 for ego reasons?
10 A That's pretty hard to deny.
11 Q Wouldn't that really be part of a reason to buy a
12 book to see your name in there as a Who's Who --
13 A No, not altogether.
14 Q But that would be one of the reasons?
15 A It could influence it, yes.
16 Q So in other words, you pay a certain price, like
17 everything in life, you pay a certain price for something,
18 correct? In this case you pay a certain price for vanity,
19 right?
20 A I didn't view this as a vanity publication.
21 Q Well, not even a little bit to see your name in
22 print?
23 A No, I had seen my name in print a lot of times
24 before.
25 Q But everything I had just read from your biographical
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 data would indicate to me as an objective person that you
2 deserve to be in a Who's Who Worldwide registry based on
3 your career achievements and background? Would you agree
4 with that?
5 A No, not compared to the others in the registry.
6 Q Except you have 35 years experience, right?
7 A Closer to 40.
8 Q Closer to 40 years experience.
9 You work at a university, you've had a lot of
10 high expenses, you have a Bachelor of Science degree and
11 you are a Registered Pharmacist, correct?
12 A That's right.
13 Q And there's a lot of drugs by all of these
14 pharmaceutical companies on the market, right?
15 A Umm-hmm. Yes.
16 Q Pharmacy is a complex thing to understand, right? I
17 mean, you just don't go work in a pharmacy and start
18 dispensing prescription drugs, do you?
19 A No.
20 Q So you would not agree with me when you say you are
21 exactly the person who should be in a Who's Who registry,
22 and that's essentially --
23 A I thought I might qualify as the reason it is listed
24 at all.
25 Q Would you agree with the statement that you are the
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1 kind of person who should be in that Who's Who registry?
2 A Probably not when I look at other peoples' buying
3 fees.
4 Q But you don't think your buying fee is good? Your
5 background is not good?
6 A Yes, I think it is.
7 Q You feel that you should be in a Who's Who, no?
8 A Yes.
9 Q So what you did you paid a certain amount of money to
10 get into a Who's Who; am I right? $497, right?
11 A Plus 97.
12 Q Plus 97.
13 You got in a Who's Who, correct?
14 A Yes.
15 Q And they put your biographical data in the book as
16 they said they would, right?
17 A Yes.
18 Q And you got a book, correct?
19 A Yes.
20 Q And all that biographical data was listed in the book
21 as a lifetime member and several books that are here,
22 right?
23 A Yes.
24 Q Except now as you sit here you are not too happy
25 about spending $490 plus $97 for the book?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
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1 A That's correct.
2 Q Did you ever buy something in your life where after
3 you bought it you said why did I do this? Besides this.
4 Did you ever do anything in your life with -- withdrawn.

5 Did you ever go into a store and purchase
6 something and then an hour later after you get home you
7 say to yourself, what did I buy this for?
8 A Yes, and I've been refunded my money.
9 Q But not always, correct? Sometimes you buy something
10 where there is no refund, right?
11 A I can't think of a time like that.
12 Q Did you ever ask -- now that we're talking about
13 refunds, did you ever ask Who's Who Worldwide for a refund
14 of your money at any time?
15 A No.
16 Q So why would -- withdrawn.
17 You never asked them to give you back the $497,
18 did you?
19 A I asked them not to bill me anymore.
20 Q But you did not ask them to give you back the $497?
21 A No, I had agreed to do that.
22 Q Okay. You had voluntarily agreed to purchase some
23 membership in a Who's Who directory; am I right?
24 A Yes.
25 Q And when you go t your membership in the directory,
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1 you were disappointed, so to speak, with the product,
2 right?
3 A Yes.
4 Q Well, that happens every day, correct? You buy
5 something and you are disappointed from the product?
6 A No, not for me.
7 Q You go and buy a Zenith TV and you get it home and
8 you don't like it.
9 A Only if it didn't work or it wasn't proposed what it
10 was advertised to be.
11 Q Did you ever purchase something and you were
12 disappointed in what you've purchased?
13 A I thought I just answered that.
14 Q That doesn't mean that you didn't get any value for
15 what you paid for; is that right? You would agree with
16 that?
17 A If it's something that doesn't do anything for me, it
18 isn't worth a penny.
19 Q Just becaus e it doesn't do anything for you, doesn't
20 mean that it doesn't have any value; am I right?
21 A I couldn't agree with that.
22 Q All right. Let's move on then.
23 Besides the book, all right, you got a plaque; am
24 I correct?
25 A Yes.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2700
Rieger-cross/Jenks

1 Q Did you put the plaque up anyplace in the office?
2 A No, I didn't.
3 Q But you received a plaque?
4 A Yes.
5 Q And that was part of your bargain as well as the book
6 that you would get for your payment?
7 A Yes.
8 Q And you got a logo also?
9 A Yes.
10 Q Did you use the logo at all?
11 A No.
12 Q When you became a member you got the plaque right
13 away within a couple of weeks of becoming a member?
14 A I don't think so.
15 Q How long did it take?
16 A It seems like i t arrived late.
17 Q Which came first, the registry or the plaque?
18 A I think the registry did.
19 Q You think the hard bond volume came first?
20 A Yes.
21 Q Did you get a magazine called Tribune magazine?
22 A I believe so.
23 Q Did you look at them?
24 A Yes.
25 Q Did you take advantage of any of the benefits and
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2701
Rieger-cross/Jenks

1 services offered inside of those magazines?
2 A Yes.
3 Q But you did receive a magazine as being a member?
4 A I think two of them.
5 Q And you weren't charged any fee for that?
6 A I don't think so, no.
7 Q Did you get a logo or -- withdrawn.
8 You said you got some kind of a leather thing or
9 some kind of thing from the company with their logo on it?
10 A Yes.
11 Q And what was that?
12 A Pocket orga nizer.
13 Q Did you use that at all?
14 A No.
15 Q Never put up the plaque, not a day?
16 A Not a day.
17 Q That's after you had got it?
18 A I had heard -- with.
19 MR. DUNN: Read it back, please.
20 (Record read.)
21 THE COURT: The rest of the answer is stricken.
22 The jury will disregard it.
23 BY MR. JENKS:
24 Q From Who's Who Worldwide, did you remember all the
25 items that you were promised when you bought a membership
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2702
Rieger-cross/Jenks

1 in the company in Who's Who?
2 A Not without paying an additional $97.
3 Q But you did receive all of the items that you were
4 promised; am I right?
5 A Yes.
6 Q And in addition I'm going to go back to the statement
7 where you said the most important reason to purchase the
8 membership was th e fact that you had been nominated,
9 correct?
10 A Yes.
11 Q And I want you to take a look just -- withdrawn.
12 Did you tell anyone else that there were other
13 reasons why you purchased the membership besides the fact
14 that you had been nominated?
15 A Yes.
16 Q And would curiosity be one of them?
17 A Yes.
18 Q And that was curiosity to see who else was in the
19 book?
20 A Curious to see who nominated me.
21 Q What about did you see who nominated you?
22 A I couldn't see that as a matter of curiosity.
23 Q Look at Government's Exhibit 3500-RR-1, and flip to
24 question 25.
25 A Yes.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2703
Rieger-cross/Jenks

1 Q Do you see that?
2 A Yes.
3 Q The question says -- withdrawn.
4 MR. JENKS: I'm sorry, Your Honor. It's not in
5 evide nce.
6 Q Would you read question 25 to yourself and read the
7 answer and let us know if there are other reasons besides
8 being nominated to what made you purchase a membership?
9 A I answered that, that I was curious who else might be
10 in the publication.
11 Q Did you also say that you were curious as to what
12 their achievements were?
13 A Yes.
14 Q And so there was other reasons that you purchased the
15 registry besides the fact that you had been nominated,
16 your curiosity as to who was in it and what their
17 achievements were was another factor that lead to you
18 buying this book; am I right?
19 A That's true.
20 Q Okay.
21 Because you said that in the form that the
22 government gave you to fill out, right?
23 A Yes.
24 Q And I asked you if you received all the items that
25 you expect and you said yes, correct?

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2704
Rieger-cross/Jenks

1 A Yes.
2 Q And you said you didn't put the plaque up for a day;
3 am I right?
4 A That's correct.
5 Q Would it be a fair statement to say that you told the
6 government in their questionnaire that the address book
7 and the printing template seemed like "quality items but
8 it didn't seem like the whole thing was worth the money I
9 paid"?
10 A That's correct.
11 Q But some of the items were quality items, correct?
12 A They seemed like quality items.
13 Q Well, you said that in your own words "they seemed
14 like quality items," correct?
15 A Yes, but seeming and being are not necessarily the
16 same, are they?
17 Q But that happens every day in life when you go to a
18 department store like Sacks Fifth Avenue, you get a couple
19 spills o n there from time to time?
20 A Yes.
21 Q And times it seems like a quality item but you don't
22 get exactly what you paid for?
23 A I don't think it is fair to compare sweaters and
24 books.
25 Q The point I'm trying to make is that every person in
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2705
Rieger-cross/Jenks

1 the course of a lifetime at one point or another, you
2 would agree with me, buys something that you are not happy
3 with and you feel like you got ripped off, correct?
4 A I suppose, yes.
5 Q But that doesn't mean that you were defrauded into
6 buying it, does it?
7 A It could.
8 Q But it doesn't, per se, mean that you were defrauded
9 into buying it, correct?
10 A It depends how the product was represented.
11 MR. JENKS: All right. I have no further
12 questions, Your Honor.
13 (Continu ed.)
14
15
16
17
18
19
20
21
22
23
24
25
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2706
Rieger-cross/Trabulus

1 CROSS-EXAMINATION.
2 BY MR. TRABULUS:
3 Q Good afternoon, Ms. Rieger. My name is Norman
4 Trabulus and I'm representing Mr. Gordon.
5 A What did you say your name is?
6 Q Norman Trabulus.
7 A Spell your last name.
8 Q T-R-A-B-U-L-U-S.
9 A Thank you.
10 Q I'm here on behalf of Mr. Gordon.
11 Do you know who Mr. Gordon is?
12 A Yes.
13 Q Did you ever speak to him as far as you know?
14 A Not that I know of.
15 Q Before you ever came here to New York to testify,
16 have you ever seen him?
17 A No.
18 Q Had anyone whoever identified himself as Bruce Gordon
19 ever spoken to you?
2 0 A Yes, there was a Bruce Gordon, MD in Sacramento for a
21 while.
22 Q And so I take it that what you heard about Bruce
23 Gordon, you heard from either Mr. Pagano or --
24 A I didn't hear anything about Bruce Gordon until I got
25 here.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2707
Rieger-cross/Trabulus

1 Q All right.
2 You mentioned that you received a card in the
3 mail and I think that was 9-D. Do you have that with you
4 there?
5 A (Handing.)
6 Q Do you recall if at the time you received this, you
7 received a cover letter with it?
8 A No, I don't recall that.
9 Q You don't recall one way or the other?
10 A No.
11 Q Now, you gave some answers before, and let me see if
12 I recall them correctly. I think you said when you
13 received the directory, something didn't look right, the
14 people who were in it didn't seem to be, I think you said
15 they didn't seem to be Global Business Leaders; is that
16 right? Do you recall that?
17 A Something to that effect, I think.
18 Q And I think also in response to some questions by
19 Mr. Jenks that were just put to you, you said that you
20 didn't think you belonged in that directory?
21 A I'm ambivalent about that.
22 Q Ambivalent. Okay.
23 When you opened the directory and saw that the
24 people were not Global Business Leaders, were you
25 surprised?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2708
Rieger-cross/Trabulus

1 A Yes.
2 Q Now, when you had these telephone conversations
3 concerning your own inclusion, did anybody --
4 A With whom?
5 Q Well, I don't know with whom. You've testified to
6 some telephone conversations concerning your own possible
7 in clusion and I'm really not sure with who exactly you
8 spoke but there were some people you talked about. You
9 said you had a conversation initially and a couple other
10 conversations which referenced at least the first
11 conversation --
12 A You are talking about applying for membership?
13 Q Right.
14 A Okay.
15 Q As opposed to the conversation later down the road
16 where you talked about whether or not you would have to
17 pay the $97, okay.
18 A Okay.
19 Q Now, did any of the people who you spoke to at that
20 point tell you that -- well, withdrawn.
21 Do you regard yourself as a global business
22 leader?
23 A I've been in leadership positions.
24 Q Do you regard yourself as a global business leader,
25 whatever that term means?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2709
Rieger-cross/Trabulus

1 A Not at present.
2 Q Do you believe at sometime in the past you were a
3 global business leader?
4 A Yes.
5 Q And what do you interpret global business leader to
6 mean?
7 A Someone who has either traveled globally with their
8 business or is involved in making international business
9 decisions.
10 Q Now, from the entry that you saw in this book
11 concerning yourself, which I think you said was accurate;
12 is that correct?
13 A Yes.
14 Q And in fact, you yourself had revised; is that
15 correct?
16 A Yes.
17 Q Would you in reading that entry about yourself, if
18 you didn't know who yourself was -- I'll rephrase the
19 question.
20 If you read that question and it didn't say Rita
21 Rieger but it said James Smith, would you know that James
22 Smith was a global business leader?
23 A No.
24 Q In reading the entries concerning the other people in
25 that book, did you have any more reason to believe that
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2710
Rieger-cross/Trabulus

1 they were not global business leaders any more than you
2 would have been if you had read your own entry?
3 A Some yes, some no.
4 Q So there were some people in there, at least some who
5 could be global business leaders as much as you could,
6 right?
7 A Yes.
8 Q And that would include, for example, people who were
9 listed as a president or CEO of companies?
10 A Yes.
11 Q Did you ever -- withdrawn.
12 When you got the book, did you go through it in
13 detail?
14 A I looked quite extensively for the person who would
15 have nominated me.
16 Q Did anyone tell you before you got the book, that if
17 you got the book you would find in it somebody who
18 nominated you?
19 A They said that the person who had nominated me was a
20 member of Who's Who Worldwide.
21 Q Did they tell you there would be some way in
22 connection with you ordering a book where after that
23 somebody would reveal to you that the name of a person who
24 had nominated you would be in there?
25 A I know from the people that I know and associate with
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2711
Rieger-cross/Trabulus

1 that someone would have written in and said
2 congratulations if they had nominated me for that.
3 Q You are saying if someone would have nominated you
4 they would have written and said congratulations?
5 A Yes.
6 Q Whether or not you had bought the book yourself?
7 A Pardon me?
8 Q Would the person who would have written and said
9 congratulations have written to you even if you didn't buy
10 the book?
11 A I don't know.
12 Q And did they tell you in the conversation that if you
13 bought the book they were going to notify the person who
14 nominated you that you had bought the book?
15 A No.
16 Q Did you read through the entire book to see whether
17 there was anybody in it whose name -- withdrawn.
18 When you got the book, did you read through the
19 entire book to see whether or not you knew initially who
20 was in the book?
21 A I looked for a recognition of names, yes.
22 Q Were there a couple of people you looked for or did
23 you look through the entire book to see if there was
24 anybody you knew?
25 In other words, did you have any particular names
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2712
Rieger-cross/Trabulus

1 in mind to look through the book to see if there were any
2 names in it that you knew?
3 A Yes.
4 Q How many?
5 A Four or five.
6 Q And there were four or five people who you might have
7 suspected that may have nominated you?
8 A Yes.
9 Q And you were disappointed when you didn't find their
10 names in the book?
11 A Yes.
12 Q And that's when you first became unhappy with the
13 book?
14 A No.
15 Q You weren't happy with the book before that?
16 A Yes.
17 Q Before you seen the book?
18 A Yes.
19 Q So that unhappiness had nothing to do with whether or
20 not you had been nominated or not?
21 A I don't follow that.
22 Q Until you checked out to see whether those people
23 were in it or not, you would have no way of knowing
24 whether or not they had nominated you, right?
25 A No.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER

2713
Rieger-cross/Trabulus

1 Q You would have known.
2 A You are suggesting on one hand they may or may not
3 have been in the book.
4 Q Ma'am --
5 MR. TRABULUS: Your Honor, move to strike.
6 THE COURT: Motion granted.
7 Do you want to repeat the question, please.
8 MR. TRABULUS: Yes.
9 BY MR. TRABULUS:
10 Q I think what I had asked you, if I may just repeat a
11 couple of questions.
12 You testified that you looked through the book
13 for four or five names; is that correct?
14 A Yes.
15 Q And you didn't find them?
16 A Right.
17 Q And upon not finding them you were disappointed
18 because that signified to you that no one of those four or
19 five people had nominated you?
20 A Yes.
21 Q You said you were also disappointed with the book
22 even before you had done that?
23 A Yes.

24 Q So when you were disappointed with the book even
25 before you had done that, you were disappointed about
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2714
Rieger-cross/Trabulus

1 something else besides the fact that these people hadn't
2 nominated you; is that correct?
3 A No.
4 Q Yes or no?
5 A I can't answer it because I don't understand you.
6 THE COURT: Okay. These questions call for a yes
7 or no. If you can't answer yes or no, say so. You don't
8 have to answer.
9 THE WITNESS: How do you say it?
10 THE COURT: I can't. You can say I can't answer
11 that yes or no.
12 THE WITNESS: Thank you.
13 MR. TRABULUS: I'll try again.
14 THE COURT: Excuse me. At any time you can't
15 answer a question with a yes or no, say so.
16 THE WITNESS: Okay.
17 BY MR. TRABULUS:
18 Q Ma'am, I'll try it again.

19 Before you looked to see these four or five
20 people in the book, you didn't know whether they were
21 members or not, right?
22 A Right.
23 Q And you didn't know -- withdrawn.
24 I assume the way you figured out that they
25 weren't the ones who nominated you, you looked in the book
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2715
Rieger-cross/Trabulus

1 and didn't see them listed and therefore figured they
2 weren't members, right?
3 A Yes.
4 Q And if they weren't members they couldn't have
5 nominated you, right?
6 A That was my understanding.
7 Q Now, before you looked for those four or five people
8 in the book, you didn't know whether they were members or
9 not, did you?
10 A No.
11 Q And you didn't know whether or not any one of them
12 could have nominated you, right?
13 A Yes.

14 Q But you were still disappointed with the book,
15 correct?
16 A Yes.
17 Q At that point in time you didn't know whether they
18 had nominated you or whether anybody had nominated you,
19 right?
20 A I had been told that I was nominated by someone.
21 Q But you had no cause for disappointment at that point
22 with respect to nomination, correct?
23 A I can't answer that.
24 Q Well, you testified that you were still disappointed
25 about the book that the point, isn't that correct, before
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2716
Rieger-cross/Trabulus

1 you even checked out those four or five people, right?
2 A Yes.
3 Q And is what disappointed you -- well, withdrawn.
4 Now, when you looked through the book, did you
5 make any kind of notation as to the number or percentage
6 of people who had certain types of titles?
7 A No.
8 Q Do you have any idea as to how many people in this
9 book are shown as being either the president or the chief
10 financial officer or vice-president of a company,
11 something along those lines?
12 A No.
13 Q I think you indicated a title doesn't make the person
14 and I think we can all agree, is that fair enough?
15 A That's correct.
16 Q But at the same time certainly from the information
17 that you have here, you might be able to tell something
18 about the type of people here by the title, would that
19 also be fair to say?
20 A The type of people?
21 Q Well, the type of work that they do.
22 A You know what their occupation is.
23 Q Okay.
24 And within the type of business that they work,
25 you might also be able to tell something about their
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER

2717
Rieger-cross/Trabulus

1 position, whether they were an executive, whether they
2 were at the top of a company, whether they were a
3 laborer. Would you tell that from the listings?
4 A Yes.
5 Q In going through the listings, did you find
6 insufficiently many people of a high executive type
7 position?
8 A I didn't study it for that reason.
9 Q I think you testified that -- let me ask you. Was
10 this the first Who's Who that you've ever been included
11 in?
12 A No.
13 Q I think you had indicated, although the answer may
14 have been stricken, that you had been in several times of
15 the Who's Who of American Colleges and Universities?
16 A Who's Who of American Students in Colleges and
17 Universities twice.
18 Q Did you buy the book?
19 A There wasn't a book.
20 Q Was there any type of a publication?
2 1 A Might have been, I don't remember.
22 Q Was that a Marquis publication?
23 A I don't remember.
24 Q Do you know whether you have ever been included in
25 any Marquis publication?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2718
Rieger-cross/Trabulus

1 A No.
2 Q You don't know either way?
3 A I don't know.
4 Q Now, before you got the book, this book, Exhibit Q,
5 nobody came to take your picture, did they, and they
6 didn't ask you to submit a picture, did they?
7 A Right.
8 Q So when you got the book you didn't expect to see any
9 picture in it yourself?
10 A Right.
11 Q You basically just expected to see a listing; is that
12 correct?
13 A Yes.
14 Q And you also were told there would be other people
15 who would be listed in the book?
16 A Yes.
17 Q And so you expected to see other listings as well; is
18 that correct?
19 A Yes.
20 Q In fact, that's what you saw?
21 A Yes.
22 Q A bunch of listings?
23 A Yes.
24 Q And the book was nearly complete, there were some
25 affiliations not listed in terms of organizations, but
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2719
Rieger-cross/Trabulus

1 aside from that it was pretty much everything about
2 yourself that you had put down, correct?
3 A Yes.
4 Q And it was comparable to the other listings that were
5 shown here for other people in terms of the type of things
6 that were in it?
7 A Content, yes.
8 Q And you were asked some questions by Mr. Jenks about
9 whether you had ever bought something and had been
10 disappointed with it afterwards; is that correct?
11 A Yes.
12 Q And have you bought things sight unseen before?

13 A Yes.
14 Q And when you bought this, when you ordered this book
15 and joined the membership, did you have a visual image of
16 what the book was going to look like?
17 A Probably.
18 Q And did it -- did it compare to this?
19 A Yes.
20 Q It was similar to this?
21 A Yes.
22 Q This basically looked the way you expected it to
23 look; is that correct?
24 A Yes.
25 Q Did anybody in any of those first three
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2720
Rieger-cross/Trabulus

1 conversations, and when I say three it could have been
2 more, you testified I think about three, where you made
3 the decision to buy the book and to become a member, did
4 anybody mention the availability of a CD ROM, the
5 software?
6 A Yes.
7 Q Did they describe to you what might have been
8 advantages in pu rchasing that?
9 A It would be listings in those.
10 Q Did they tell you that it was free or it was an extra
11 charge? Do you recall?
12 A I don't remember that we discussed it.
13 Q Did you decide that you wanted it or that you didn't
14 want it?
15 A I did not order it.
16 Q Did anybody tell you that the CD ROM might be useful
17 for networking?
18 A I don't remember.
19 Q Did they explain to you that if you had the CD ROM
20 you could just input certain criteria and generate a list
21 of members who met that criteria?
22 A I don't remember that.
23 Q In the nature of your work as a pharmacist, do you
24 ever have occasion now to use CD ROMs?
25 A I do now.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2721
Rieger-cross/Trabulus

1 Q Back in 1993 were you familiar with what CD ROMs
2 were?
3 A Yes.
4 Q And were you aware that they can contain a
5 substantial database of information?
6 A Yes.
7 Q And were you aware that if a computer or if the CD
8 ROM has on it a program or a search engine as sometimes it
9 is called, you can sometimes access that data by different
10 types of categories or parameters?
11 A Yes.
12 Q Do you recall anybody in any of these conversations
13 explaining to you that would be an additional advantage to
14 purchasing the CD ROM, that it would give you additional
15 flexibility in utilizing the information in the directory?
16 A I don't recall that.
17 Q Do you recall what selling points at all were
18 advanced to you as a basis for suggesting that you
19 purchase the CD ROM?
20 A No.
21 Q Was networking something of interest to you? I think
22 you --
23 A Yes.
24 Q And you wanted to network not so much with people in
25 the pharmaceutical or health care profession but people
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2722
Rieger-cross/Trabulus

1 who were interested in writing?
2 A That's correct.
3 Q Of course you knew that your own hobbies were one of
4 the things that would be included in the directory?
5 A Yes.
6 Q And in fact, your hobby of writing was included in
7 the directory?
8 A Yes.
9 Q And so it would be fair to assume -- withdrawn.
10 People you wanted to network with, would they be
11 publishers or other members or both --
12 THE COURT: Do you want to slow down,
13 Mr. Trabulus, please?
14 MR. TRABULUS: Sorry.
15 BY MR. TRABULUS:
16 Q Now, do you recall whether there was any price for
17 the CD ROM that was quoted to you?
18 A No.
19 Q Now, when you called, when you have a conversation
20 concerning the additional payment for the book, had you
21 already received the book, the bill for the book?
22 A Yes.
23 Q And the thrust of your conversation at that point was
24 that you thought you shouldn't have to pay extra for it
25 because it should have been included?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2723
Rieger-cross/Trabulus

1 A Yes.
2 Q It wasn't that you wanted to pay extra for it because
3 you didn't like it?
4 A I can't answer that.
5 Q You don't remember.
6 A I think those two ideals are hard to separate.
7 Q Did you ask for a refund?
8 A No.
9 Q Did the person tell you in speaking to you, did the
10 person who spoke to you explain to you that indeed your
11 original invoice had indicated there was an extra or an
12 additional $97 payment?
13 A That they said it was a split billing, yes.
14 Q Do you have a clear recollection of all of the things
15 that were told to you in the three conversations that you
16 had when you decided to buy the book, I mean to become a
17 member?
18 A Of course not.
19 Q Not of everything, okay.
20 MR. TRABULUS: Your Honor, I would like to
21 publish this invoice to the jury, but before I do that.
22 Q The one that you actually received, was it the yellow
23 one or the pink one?
24 A Both.
25 Q You received both the yellow and the pink?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2724
Rieger-cross/Trabulus

1 MR. TRABULUS: I would like to publish them to
2 the jury.
3 THE COURT: What is "them"?
4 MR. TRABULUS: These are 9-B and 9-E.
5 THE COURT: Very well.
6 BY MR. TRABULUS:
7 Q Do you recall Mr. Jenks read to you, before doing
8 that, a portion which said the final payment of $97 is due
9 in December when the Who's Who registry is released?
10 A Yes.
11 Q And that appears down here, does it not?
12 A Yes.
13 Q And that's the largest, except for the words Who's
14 Who at the top and bill to and ship to, that is in the
15 largest type that appears on the entire document; is that
16 correct?
17 A Yes.
18 Q And now when you got that, you didn't call back Who's
19 Who and tell them there was some kind of misunderstanding,
20 did you?
21 A No.
22 Q Did you ever attempt to use the directory that you
23 received to locate other people who had an interest in
24 writing or who were in the publishing business?
25 A No.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2725
Rieger-cross/Trabulus

1 Q Did you try to do it?
2 A No.
3 Q Did it occur to you at any point there might be
4 people in that book who were interested in writing or who
5 were interested in publishing?
6 A Yes.
7 Q But you never looked to see whether they were there?
8 A I looked to see it but didn't utilize it.
9 Q Did you find any?
10 A I think so.
11 Q How many did you find?
12 A I don't remember.
13 Q Were you shy to contact them?
14 A No.
15 Q Were you contemplating contacting them by telephone
16 or by mail at the point when you first decided to look?
17 A Neither.
18 Q You just were looking to see whether or not there
19 were those people without thinking about actually
20 contacting them?
21 A I can't really answer that.
22 Q Well, was it kind of in the back of your mind you
23 would look around and see if they were in the book and if
24 you found them maybe you would contact them? Was that
25 kind of a general thought?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2726
Rieger-cross/Trabulus

1 A That was before I bought the book.
2 Q After you got the book you said you did look through
3 it to see if there were people in publishing and/or
4 writing, correct?
5 A For a cursory glance.
6 Q And you found some?
7 A Yes.
8 Q And but you say you never contacted them; isn't that
9 correct?
10 A No, there are better ways to contact people.
11 Q Well, when you say that there are better ways to
12 contact people, if there were better ways you knew that
13 before you order ordered the book, right?
14 A No.
15 Q But when you got the book, there was -- withdrawn.
16 When you ordered the book, did you think that it
17 would enable you to contact people other than through a

18 listing which was comparable to the one you gave?
19 A Can you repeat that, please?
20 Q Yes.
21 When you ordered the book, did you think that you
22 were going to be able to utilize it to contact people in
23 either publishing or writing?
24 A That thought entered my mind.
25 Q And did you understand when you got the book the only
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2727
Rieger-cross/Trabulus

1 information that you would have that would relate to
2 people in publishing or writing, would be through listings
3 which contained information comparable to the kind of
4 listing that you had approved for yourself; is that
5 correct?
6 A Biographical data of people, yes.
7 Q And when you went through the book and found
8 biographical data concerning people who were either in
9 publishing or interested in writing, you found ba sically
10 listings comparable to the one you had yourself?
11 A I don't remember that.
12 Q They were different?
13 A I don't remember that.
14 Q When I say comparable, I don't mean --
15 A That wasn't my focus after I received the book.
16 Q When you say there were better ways to contact
17 people, before you got the book -- withdrawn.
18 When you ordered, when you joined Who's Who but
19 before you got the book, did you know that there were
20 better ways than from the book?
21 A No.
22 Q When you got the book you realized there were better
23 ways, is that what you're saying?
24 A Yes.
25 Q And was there any respect in which the book failed to
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2728
Rieger-cross/Trabulus

1 meet your expectations in setting forth a way in which to
2 contact people?
3 A By that time my friends had told me.
4 MR. DUNN: Objection.
5 MR. TRABULUS: Move to strike, Your Honor.
6 A No, I can't answer that.
7 Q Ms. Rieger, I will show you Defendant's Exhibit P.
8 If you can just hold onto it for a moment. If you will
9 bear with me for a moment, I will turn on my laptop
10 computer.
11 Ms. Rieger, when you were interested in people
12 who were in writing, was that basically the scope that you
13 were interested in, writing?
14 A Yes.
15 Q And would those be people who had a hobby of writing,
16 a business in writing or both?
17 A Both.
18 Q Was there a particular geographical area that you
19 were interested in or nationwide?
20 A Probably California.
21 Q Okay.
22 Would it be fair to say you were also interested
23 in publishing?
24 A Yes.
25 Q Would you be good enough to type in the word

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2729
Rieger-cross/Trabulus

1 "publishing."
2 A (Witness complies.)
3 Q Now, I'm going to make -- you left out the letter "i"
4 there. It's a small keyboard.
5 And that was next to something on the screen that
6 says type of business, correct?
7 A Yes.
8 Q Now, next to the word "state --"
9 MS. SCOTT: Objection, Your Honor. This is an
10 item not in evidence.
11 THE COURT: Well, I don't think that -- I don't
12 know what counsel is going to do, but -- what do you
13 intend to do with that, Mr. Trabulus?
14 MR. TRABULUS: Your Honor, what I will do is
15 generate a list on the screen and ask her to look on the
16 screen for names on the list. That's what I will do.
17 THE COURT: Are you objecting to that? If he
18 shows her --
19 MS. SCOTT: I object to reading some thing that is
20 not in evidence.
21 THE COURT: Reading from something not in
22 evidence.
23 MR. TRABULUS: I'll withdraw it, Your Honor.
24 BY MR. TRABULUS:
25 Q Have you just typed in the letters "CA"?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2730
Rieger-cross/Trabulus

1 A Yes.
2 Q Okay.
3 MR. TRABULUS: Forgive me. I made a mistake
4 myself. Bear with me for a moment.
5 I've just typed in publishing and CA again.
6 Do you see a list on the screen?
7 A Yes.
8 Q Would you pick out -- as a matter of fact, I better
9 move down.
10 I don't know if this is a fair question, but
11 approximately how many different names do you seem to be
12 seeing here?
13 A I don't know.
14 Q Okay.
15 The list that you've seen has gone from A to Z.
16 A Yes. From A to Z, yes.
17 Q And if you want me to go up or down a page or
18 whatever, I'll ask you to just randomly select any one or
19 more entries and we can look in that book and see whether
20 it is there.
21 A Entries from where?
22 Q Well --
23 A The name of the company?
24 Q The list of names and there is a company listing to
25 the side, correct?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2731
Rieger-cross/Trabulus

1 A Yes.
2 Q And to the side of that there is an indication "CA,"
3 correct?
4 A Yes.
5 Q So we can pick out any one of those. Do you want to
6 pick one?
7 A I don't understand what we're doing.
8 Q We don't have to hook up a printer, but would you
9 like to pick a name.
10 Do you want to do that one?
11 A Sure.
12 Q And the name we'll look up as Christian Thorson.
13 A Fibromyalgia Network.

14 THE COURT: How do you spell that name?
15 THE WITNESS: T-H-O-R-S-O-N. Fibromyalgia
16 Network.
17 BY MR. TRABULUS:
18 Q We may have to look in several different places in
19 that book so bear with me.
20 Is fibromyalgia something that you are familiar
21 with in your work as a pharmacist?
22 A Yes.
23 Q And that's a medical condition; is that correct?
24 A Yes, it is.
25 Q Okay.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2732
Rieger-cross/Trabulus

1 Do you find a listing here for Christian E.
2 Thorson?
3 A Yes.
4 Q Can you read the page?
5 A 787. Writer and publisher, Fibromyalgia Network and
6 it gives the address.
7 Q Were you interested in the subject -- withdrawn.
8 Were you interested yourself about writing about
9 fibromyalgia?
10 A No.
11 Q But the subject fibromyalgia was something that you
12 were interested in?
13 A It caught my eye.
14 Q Because it was something you were interested in?
15 A Correct.
16 Q And you were interested in getting in touch with
17 people who were writers; is that correct?
18 A At one point, that's correct.
19 Q And when you spoke to the people who were speaking to
20 you in these first three conversations, do you recall
21 telling them that you were interested in networking?
22 A No.
23 Q Okay.
24 Did they say anything to you about networking?
25 A I can't remember.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2733
Rieger-cross/Trabulus

1 Q Did it occur to you in connection with the discussion
2 of the CD ROM that they gave to you, that it might be
3 possible through use of the CD ROM to find other members
4 who were, one, interested or involved in writing and also
5 who were involved in a particular subject matter or
6 matters that might have been of interest to you?
7 A They mentioned networking which I would assume would
8 include those things, so --
9 Q Do you recall asking any of the people who you spoke
10 to who were talking to you about buying the product or
11 becoming a member? Do you remember asking them about how
12 you would actually go about networking?
13 A No.
14 Q When you got the Tribune magazines, do you recall
15 looking through them to see whether there was anything in
16 there that might pertain to writing or publishing?
17 A No, I did not.
18 Q Did you look through them to see if there was
19 anything in there that might pertain to networking?
20 A No, sir.
21 Q Anything relating to any conferences or meetings that
22 might be attended that would relate to that networking?
23 A No.
24 MR. TRABULUS: I have no further questions.
25 (Continued.)
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2734
Rieger-cross/Schoer

1 CROSS-EXAMINATION
2 BY MR. SCHOER:
3 Q Good afternoon, Ms. Rieger.
4 A Good afternoon.
5 Q I would like to try to clarify --
6 A You didn't tell me who you are.
7 Q I'm not sure that I have to tell you who I am.
8 May I ask you a question, please?
9 The exhibit that you have in front of you, the
10 card --
11 A This one?
12 Q Yes, ma'am.
13 When you received that card, did it have a stamp
14 on it?
15 A I don't know.
16 Q Okay.
17 And can you look at that card and does it
18 indicate what date is postmarked on it?
19 A Yes.
20 Q And what date is that?
21 A 1992.
22 Q December of 1992; isn't that cor rect?
23 A Yes.
24 Q And does that refresh your recollection that you must
25 have received that card before you spoke to anyone on the
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2735
Rieger-cross/Schoer

1 phone?
2 A No.
3 Q You looked at the other exhibit, the invoice, and it
4 indicated that your membership started on February 3,
5 1993; isn't that correct?
6 A Yes.
7 Q And does that refresh your recollection that you must
8 have received the card before you spoke to anyone on the
9 phone?
10 A No.
11 Q Okay.
12 Now, in February of 1993, that was the first time
13 that you gave your credit card to someone to join this
14 membership; isn't that correct?
15 A Please repeat the question.
16 Q In February of 1993, February 3rd or so, that's when
17 you gave your credit card to someone to purchase this
18 membership; is that correct?
19 A Yes, from the dates, that's what it says.
20 Q And soon thereafter you received an invoice; isn't
21 that right?
22 A Yes.
23 Q And there were two parts to that invoice and you made
24 certain corrections on one part and returned that to Who's
25 Who Worldwide; isn't that correct?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2736
Rieger-cross/Schoer

1 A Yes.
2 Q Okay.
3 And it wasn't until the end of the year 1993 that
4 you received this second invoice for the split billing,
5 the $97; isn't that right?
6 A I'm not sure when that arrived.
7 Q Did you have any copies of that second invoice?
8 A (Perusing.) I don't know.
9 Q The documents that you have in front of you, did you
10 provide those to the government?
11 A Yes.
12 Q And when you provided documents to the government,
13 did you provide any additional documents other than the
14 ones that you have seen today?
15 A No.
16 Q Okay.
17 So as far as you know, looking through your
18 records, you never found the invoice for the second $97
19 expenditure; isn't that correct?
20 A I did just the other day.
21 Q You found it?
22 A Yes.
23 Q Do you know what date that was?
24 A No.
25 Q Do you have that with you?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2737
Rieger-cross/Schoer

1 A No.
2 Q When you say you found it the other day, it's in
3 California?
4 A That's correct.
5 Q Is it fair to say that you didn't receive the
6 registry, the book until almost a year after you
7 originally signed up for membership?
8 A I don't know.
9 Q In any event, between the time that you got that
10 first invoice and the time that you got the second
11 invoice, you didn't make any complaint to anyone, did you?
12 A No.
13 Q You didn't call the company and ask for a refund, did
14 you?
15 A No.
16 Q And after you received the book, did you call the
17 company and ask for a refund?
18 A No.
19 Q Now, you said on direct examination that you received
20 some newsletters; is that right?
21 A Yes.
22 Q And are the newsletters you are talking about
23 magazines similar to this (handing)?
24 A Yes.
25 Q So this is -- would you call this a newsletter or
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2738
Rieger-cross/Schoer

1 would you call this a magazine?
2 A Probably a magazine.
3 Q Okay.
4 And you say, I think, that you received maybe two
5 of those; is that correct?
6 A I think that is correct.
7 Q Do you know looking at those four that I've shown
8 you, do you have any idea which two you might have seen?
9 A No.
10 Q Do you remember what year it was you received these?
11 A No.
12 Q Do you remember reading the magazine when you got it?
13 A No.
14 Q You didn't look at it at all?
15 A I looked at it.
16 Q Did you look at the member profiles that were in the
17 magazine?
18 A Yes.
19 Q And were those the kind of people that you would
20 think belonged in a Who's Who?
21 A I don't remember.
22 Q Okay.
23 Did you look at the benefits that were provided
24 as they were listed in the magazine?
25 A No.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2739
Rieger-cross/Schoer

1 Q Did you take advantage of signing up for a Hilton
2 Head seminar?
3 A No.
4 Q Did you take advantage of getting savings on your
5 long distance telephone calls?
6 A No.
7 Q Did you take advantage of getting savings with
8 respect to Airborne Express?
9 A No.
10 Q When you traveled, did you use the Med Jet service?
11 A No.
12 Q Did you take advantage of getting a credit card at --
13 with no fee for the first year and with reduced rates for
14 the first year?
15 A No.
16 Q Did you take advantage of an investment portfolio in
17 getting additional interest on certificates of deposit?
18 A No.
19 Q Would you say that all those kinds of things were
20 benefits that could be used by someone if they wanted to
21 use them?
22 A I don't know.
23 Q But you didn't bother to try to use any of these
24 things, did you?
25 A No.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER

2740
Rieger-cross/Nelson

1 MR. SCHOER: I have no further questions. Thank
2 you.
3 THE COURT: Anybody else?
4 MR. NELSON: Yes.
5 CROSS-EXAMINATION
6 BY MR. NELSON:
7 Q Good afternoon, Ms. Rieger.
8 A Good afternoon.
9 Q My name is Alan Nelson.
10 A Thank you.
11 Q Ms. Rieger, the gentleman who was questioning you
12 before me asked you about the Tribune magazines which were
13 in front of you at this time.
14 Am I correct those magazines were all sent to
15 you, at least they are dated 1994 and 1995?
16 You can take a look at the front of the
17 magazines.
18 A I don't know if I received all of them or not.
19 Q Am I correct that the ones you may have received are
20 all from 1994 and 1995?
21 A Yes, that's the date on these. Yes.
22 Q Now, you received the registry around the beginning
23 of 1994; is that correct?
24 A I don't remember.
25 Q Well, either the end of '93, the beginning of '94, in
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2741
Rieger-cross/Nelson

1 that time-frame; is that right?
2 A It had to be before 10/94, because that's when I
3 moved.
4 Q Other than your contact with Who's Who to complain
5 about having to pay the additional $97, you did not
6 contact the company for purposes of registering any form
7 of complaint with the product from 1994 through 1995; is
8 that correct?
9 A That's correct.
10 Q And as when you spoke to Mr. Jenks, you never made
11 any complaints to the Better Business Bureau or to any law
12 enforcement authorities with respect to Who's Who
13 Worldwide's product; is that correct?
14 A Correct.
15 Q There did come a point in time, however, in I believe
16 it was June of 1995, where you received a questionnaire
17 and cover letter from Postal Inspector Biegelman; is that
18 correct?
19 A Correct.
20 Q And would I be correct in stating that that was the
21 first time you became aware of the fact that the company
22 Who's Who Worldwide was under investigation?
23 A Yes.
24 Q Now, when you received that letter, you completed a
25 questionnaire and you sent a questionnaire back to
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2742
Rieger-cross/Nelson

1 Inspector Biegelman; is that right?
2 A Yes.
3 Q And you used that questionnaire for purposes of
4 refreshing your recollection, correct?
5 A Yes.
6 Q And when you received that questionnaire, the cover
7 letter that came with it, you also wrote on; is that
8 correct?
9 A Yes.
10 Q And in that cover letter am I cor rect or do you
11 recall that you stated to Inspector Biegelman and I'll
12 direct your attention to the second page of 3500-RR-1,
13 approximately three quarters of the way down the page, do
14 you recall having stated "I would love to know how it was
15 brought to light"?
16 A Yes.
17 Q Now, after you sent in this questionnaire, I believe
18 it was your testimony that you either spoke to Assistant
19 United States Attorney Ronald White or postal Inspector
20 Pagano or Inspector Biegelman or one of the other postal
21 inspectors shortly after or a month or two after you sent
22 in the questionnaire; is that correct?
23 A I don't remember the time-frame.
24 Q It was some point in time after June of 1995 and
25 today?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2743
Rieger-cross/Nelson

1 A Yes.
2 Q And you've had the oppo rtunity to speak with those
3 individuals on more than one occasion since the time that
4 you sent in the questionnaire; is that correct?
5 A Yes.
6 Q And would I be fair in stating that you had the
7 opportunity to speak with Ms. Scott for some period of
8 time between Sunday night's arrival in New York and your
9 testimony here today?
10 A Yes.
11 Q And you went over what your testimony was going to
12 be?
13 A Yes.
14 Q And you reviewed the questionnaire that you have in
15 front of you at this time?
16 A Yes.
17 Q Did the government ever advise you, and when I say
18 the government, I'm speaking about Mrs. Scott, Mr. White,
19 Mr. Pagano, or any of the other individuals that you met
20 with, that the investigation came to light as a result of
21 a tip-off being given to the government by Reed Elsevir,
22 the publisher of Marquis' Who's Who, who was the major
23 competitor at the time of Who's Who Worldwide Registry?
24 A No, they did not.
25 Q Were you ever apprised by any of these individuals
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2744
Rieger-cross/Nelson

1 working for the government that another source of their
2 information which allowed this to come to light was by an
3 individual by the name of Steve West?
4 A No.
5 Q Did they ever tell you that Steve West was a
6 convicted felon for having published or attempted to have
7 published a registry which he virtually never sent to any
8 of his members and subsequently pled guilty to the federal
9 crime of mail fraud?
10 A No.
11 Q Did they ever tell you that in order to avoid having
12 to go to prison, it was necessary for Mr. West to provide
13 substantial assistance to law enforcement personnel in the
14 prosecution of other individuals to keep himself out of
15 jail?
16 A No.
17 Q And did they ever tell you that that was the source
18 of information that brought to life the nature of this
19 fraud that the government claims it to be?
20 A No.
21 MR. NELSON: Thank you. I have no further
22 questions.
23 THE COURT: Anybody else?
24 MR. GEDULDIG: I have one or two.
25 (Continued.)
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2745
Rieger-cross/Geduldig

1 CROSS-EXAMINATION
2 BY MR. GEDULDIG:
3 Q Ms. Rieger, my name is Martin Geduldig.
4 A Thank you.
5 Q I'll test you later and ask you to spell it.
6 This red book is the one you actually got into
7 first; is that right?
8 A Yes.
9 Q That's called Who's Who Worldwide -- I'm sorry.
10 Could you tell us what the title of that title
11 is?
12 A Who's Who Worldwide Global Edition.
13 Q Okay.
14 THE COURT: Is that Defendant's Exhibit Q, for
15 Queen?
16 MR. GEDULDIG: I believe it is, Judge.
17 BY MR. GEDULDIG:
18 Q Is there a sticker on there?
19 A Looks like it.
20 Q At the time that you applied for membership in the
21 Who's Who Global Edition, you were then working as a
22 pharmacist; is that right?
23 A That's correct.
24 Q And a pharmacy run by one of the State Universities
25 in the State of California?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2746
Rieger-cross/Geduldig

1 A Yes.
2 Q How long had you been working there?
3 A How long?
4 Q At that point how long had you had that job?
5 A About eight years.
6 Q Eight years.
7 A Umm-hmm.
8 Q What did you do before that job?
9 A 1 4 years at Sutter Hospital, Sacramento.
10 Q Did you ever work overseas?
11 A No.
12 Q Have you ever been sent overseas by any of your jobs
13 relating to the pharmaceutical work you were doing?
14 A Yes.
15 Q When was that?
16 A I don't remember the year.
17 Q It was quite a while ago?
18 A Sometime back.
19 Q More than ten years ago?
20 A From now?
21 Q Well, from then.
22 A No.
23 Q Would you consider yourself to be globally involved
24 in the field of pharmaceuticals?
25 A I was at the time.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2747
Rieger-cross/Geduldig

1 Q When you applied for that membership?
2 A No.
3 Q And you hadn't been for some number of years?
4 A Right.
5 Q So would I be correct in saying when you asked to
6 become a member of the Who's Who Global Edition, you had
7 no expectation or no belief that you were involved in any
8 kind of a global business effort or professional effort;
9 is that right?
10 A No.
11 Q I'm correct or I'm wrong?
12 A You're wrong.
13 Q You did think at the time you applied for membership
14 in the Global Edition --
15 A I --
16 Q Let me finish my question.
17 A Sorry.
18 Q You did believe at the time you applied for
19 membership in the Global Edition that your job was somehow
20 globally involved?
21 A No.
22 Q Okay.
23 So would I be correct in saying that your
24 application for membership in that edition, that Global
25 Edition, really did not reflect at the time that you
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2748
Rieger-cross/Geduldig

1 applied for the membership, your professional or your
2 employment position at the time?
3 A No.
4 Q No what?
5 A I don't think -- I think that being, being in
6 pharmacy is a global thing, medications the way they come,
7 but --
8 Q But you weren't doing any kind of international
9 research, were you?
10 A No.
11 Q You weren't treating patients in Bangladesh, were
12 you?
13 A No.
14 Q Or dispensing pharmaceuticals to patients in
15 Bangladesh?
16 A No.
17 Q You weren't going on tours related to pharmacy or
18 relating to your job?
19 A I had.
20 Q I know you had, but that had been years before,
21 right?
22 A Yes.
23 Q So when you applied for membership in that edition,
24 at that time your job was local. You were giving pills to
25 students, right? Basically, I mean, I'm not trying to
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2749
Rieger-cross/Geduldig

1 demean your position.
2 A Yes, but that is completely tangential.
3 Q My point is you realized when you applied for that --
4 A But --
5 Q Let me just finish my question.
6 When you applied for membership in that Global
7 Edition, you would be in there with other people similar
8 to yourself?
9 A I didn't have the Global Edition. I don't remember
10 ever hearing these words until this book came to me.
11 Who's Who Worldwide, it did not say Global Edition.
12 Q All right, Who's Who. Let's kind of restrict it to
13 Who's Who.
14 You were not doing anything that might be
15 considered international, right or wrong?
16 A I could have been nominated by someone from somewhere
17 else in the world.
18 Q Well, then you should not have been upset to learn
19 that other people situated just like yourself or even in

20 positions that were not as important or required the
21 education that you had, might also be nominated by
22 somebody from England or Russia or someplace like that; is
23 that right?
24 A That's true.
25 Q So there were other people in that book that you're
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2750
Rieger-cross/Geduldig

1 unhappy with, that you were listed with, they could have
2 gotten in that book the very same way you believed you had
3 gotten in that book, right?
4 A I'm sure a lot of them thought they did, yes.
5 Q So it is not -- when you say you were unhappy with
6 being listed in that book with other people that you
7 didn't feel belonged in that book --
8 A This is getting away from what I said, I think. I
9 think it is being taken out of context.
10 Q Well, what we'll do then we'll rely on the record.
11 We' ve got this gentleman here. When we talk slow enough
12 he gets everything down we say. We'll just rely on the
13 record.
14 MR. GEDULDIG: I have nothing else.
15 THE COURT: Anything else?
16 (Continued.)
17
18
19
20
21
22
23
24
25
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2751
Rieger-cross/Neville

1 CROSS-EXAMINATION
2 BY MR. NEVILLE:
3 Q How do you do? My name is Jim Neville.
4 A Thank you.
5 Q Ma'am, you stated that you had various telephone
6 conversations with salespeople at Who's Who, right?
7 A Yes.
8 Q And --
9 A Well --
10 Q More than one, you said?
11 A Perhaps. I wasn't sure it was always the same
12 person.
13 Q And when you responded to Postal Inspector
14 Biegelman's questionnaire about your experience here, you
15 stated that you thought you remembered speaking to
16 somebody by the name of Michavel?
17 A Yes.
18 Q Just to go back. When you first had this
19 conversation with this individual, this was really five
20 years ago to the day today, right, February 2, 1993?
21 A I don't know when in 19 -- when I talked with a
22 person on the phone. I don't remember that.
23 Q You may have it in front of you, ma'am, the invoice
24 that was sent to you. I believe --
25 A No, it was in the jury box.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2752
Rieger-cross/Neville

1 Q Oh, I see.
2 Take a look at 9-E, Government's Exhibit 9-E, and
3 up in the right-hand corner there do you see a date there
4 "membership." The effective date or something like
5 that.
6 A Yes, 2/4/93. In fact, the membership date, 2/3/93.
7 Q So it is five years ago to the day, give or take,
8 that you had this conversation with this individual,
9 right?
10 A From now?
11 Q Today.
12 A Yes.
13 Q The 3rd of February, 1998 it is, right?
14 A Correct.
15 Q You were here yesterday for a little while yesterday
16 and some things happened and you came back today, right?
17 A Correct.
18 Q When you first started to testify yesterday, you had
19 mentioned, did you not, that you remembered, you thought
20 you remembered somebody by the name of Michavel, speaking
21 to somebody by the name of Michavel?
22 A Yes.
23 Q Today, correct me if I'm wrong, you kind of rehashed
24 or went over again that first part of your testimony?
25 A Yes.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2753
Rieger-cross/Neville

1 Q And tell me if I'm wrong, but today I thought I heard

2 you say more about that person's name. You spoke about
3 interposing last names and word association?
4 A That's correct.
5 Q And you said you weren't sure if it was a first name,
6 right?
7 A Right.
8 Q Or maybe part of a last name?
9 A Right.
10 Q You didn't say that yesterday, did you?
11 A No, I didn't say that yesterday.
12 Q Between the time that you -- withdrawn.
13 Before you testified yesterday, you had had
14 conversations with Ms. Scott, right, about your testimony?
15 A Yes.
16 Q And she prepped you for your testimony?
17 A Yes.
18 Q She went over the questions she would ask you, right?
19 A Yes.
20 Q So you would know what she would ask you and there's
21 nothing wrong with that. That's what happened, there is
22 nothing wrong with that, right?
23 A Yes.
24 Q After you testified yesterday, when your testimony
25 was interrupted you then had more conversations with
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2754
Rieger-cross/Neville

1 Ms. Scott, didn't you?
2 A Yes.
3 Q And she again discussed your testimony and prepared
4 you for your coming back today and explaining?
5 A Very briefly.
6 Q Now, you are affiliated with many organizations.
7 A Yes. Familiar.
8 Q Gamma Phi Beta?
9 A Yes.
10 Q What is that?
11 A Social sorority.
12 Q Rho Chi.
13 A Yes.
14 Q APHA.
15 A American Pharmaceutical Association.
16 Q SVPHA.
17 A Sacramento Valley Pharmaceutical Association.
18 Q Gold Star Wives. You are a member of that?
19 A Widows of military men, yes.
20 Q People-to-People. Goodwill ambassador.
21 A Yes.
22 Q Public radio.
23 A Yes.
24 Q Now, are y ou aware that some, if not all, of those
25 organizations use mailing lists to contact their members?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2755
Rieger-cross/Neville

1 A That's not how I got into them.
2 Q Did you get into being a participant in public radio
3 by anything other than just by showing interest in this?
4 A They are Tampa-affiliated radio stations.
5 Q When you discovered that you had been nominated for
6 possible membership in Who's Who Worldwide, the
7 organization sounded valid to you, right?
8 A Yes.
9 Q And have you ever heard of Who's Who in America?
10 A Yes.
11 Q And something that is also known as Marquis Who's
12 Who?
13 A I don't remember that name involved with it. I have
14 heard of Who's Who publications.
15 Q Those are the real Who's Who publications, right?
16 A I don't know.
1 7 Q Well, there are Who's Who publications that you
18 consider legitimate, right?
19 A I thought this was too.
20 Q Okay.
21 Now, with those Marquis Who's Who or Who's Who in
22 America, there are no tricks there, right, people get in
23 there because they should be in there, right?
24 A I can't answer that.
25 Q The publishers of those Who's Who in America are
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2756
Rieger-cross/Neville

1 publishers that are merely doing a public service to
2 publicize people deserving to be in that registry?
3 A I can't answer that.
4 Q There is no profit motive involved at all for Who's
5 Who in America?
6 A I can't answer that.
7 Q Now, do you know what the word "Marquis" means?
8 A No.
9 Q Do you know that Marquis is a nobleman in Europe with
10 a ranking above an earl but below a count and below a
11 duke?
12 A No.
13 Q When Marquis Who's Who puts out a publication, are
14 they saying that everybody in there is not as good as a
15 duke but as good as an earl or a count?
16 A I don't know.
17 Q Did you know, ma'am, that Marquis Who's Who using
18 mailing lists to solicit new members?
19 A No.
20 Q Do you know that Marquis Who's Who uses some of the
21 same sales techniques that were used at Mr. Gordon's
22 organization?
23 A No.
24 Q Did you know, ma'am, that Marquis Who's Who now uses
25 CD ROMs and membership upgrades?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2757
Rieger-cross/Neville

1 A No.
2 Q Did you know, ma'am, that Marquis Who's Who sued
3 Who's Who Worldwide and successfully put Who's Who
4 Worldwide out of business?
5 A No.
6 Q You got a membershi p that you paid for, right?
7 A Yes.
8 Q And had you taken the effort to look in that book, to
9 find people that you might want to network with, you could
10 have done that, right? You chose not to?
11 A That's my understanding today, yes.
12 Q Tell me if this makes sense, ma'am. If I'm a
13 business person and let's use you as an example. You are
14 a pharmacist?
15 A Yes.
16 Q You get your Marquis book, excuse me, your Who's Who
17 Worldwide book.
18 A Yes.
19 Q And you decide that you want to change jobs, okay.
20 A Okay.
21 Q That you want to go somewhere else and work as a
22 pharmacist elsewhere. You open up your book and you look
23 in there and you see other people that might be in that
24 line of work and you network with them, you call them to
25 see what is around.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER

2758
Rieger-cross/Neville

1 Is that something that you might do?
2 A No.
3 Q Is that something that a person might do although
4 you wouldn't have done that?
5 A Can't answer that.
6 Q How about if I'm a business person and I contact
7 somebody else in this registry, and by that one contact I
8 end up getting a multi-million dollar contract and the
9 stock of my corporation goes way up.
10 Does that make my investment of 500 bucks in that
11 registry worth it?
12 A I don't know.
13 Q Now, you spoke about people in the book and how they
14 didn't really seem to measure up to what kind of person
15 that should be in a Who's Who, right?
16 A I believe I mentioned something to that effect.
17 Q If I told you that the senior U.S. economist for
18 Toyota Motor Corporation Services North America was in
19 there, would that person qualify to be in a Who's Who for
20 business people?
21 A I don't know.
22 Q How about the president and dean of the General
23 Theological Seminary of the Episcopal Church.
24 A I don't know.
25 Q How about the president and CEO of Izod, you know
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2759
Rieger-cross/Neville

1 with the alligators?
2 A I heard about it.
3 Q How about the chairman of the board and the CEO of
4 the Coca-Cola Company?
5 A I don't know.
6 Q Would that -- you may not drink Coca-Cola but would
7 you consider that guy or gal probably makes a good buck
8 and is a pretty important person?
9 A Probably locally enterprised.
10 Q Probably sell coke in Paris and probably in China,
11 people like that too.
12 A Umm-hmm.
13 Q How about the president and the CEO of the American
14 Ex press Bank. Is that somebody that might fit the bill of
15 a Who's Who publication?
16 A Yes.
17 Q How about the president and CEO of the Dannon
18 Company, Dannon Yogurt Company?
19 How about Mr. Barbera, the chairman and
20 co-founder of Hanna Barbera, Inc. in California?
21 A I kind of lost track what the original question was.
22 Q Would these people make your grade? Would these
23 people fit the bill of people who would be eligible?
24 A I'm not --
25 Q How about the president and CEO of the board of
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2760
Rieger-cross/Neville

1 Kellogg Company?
2 A I don't know.
3 Q Chairman and publisher of Free American News?
4 A I don't know.
5 MR. NEVILLE: I tell you I know I couldn't get
6 into your book.
7 THE WITNESS: No, I'm saying not that it is mine
8 to decide by these people being published. Who are they?
9 By a name, unless somebody vouched for them.
10 Q I understand. By nomination.
11 Now, you joined to be a lifetime member?
12 A Yes. It seemed less hectic that way when it was
13 presented to me.
14 Q But you had the choice, you could have joined for
15 five years?
16 A Yes, I could have said no to membership.
17 Q You could have said no and you could have joined for
18 three years?
19 A Yes.
20 Q Could have joined for a year?
21 A I don't remember what all of my options were.
22 Q Do you remember you were offered a one-year associate
23 membership for $247?
24 A No.
25 Q How about the three-year membership for $287?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2761
Rieger-cross/Neville

1 A I don't remember.
2 Q Five-year membership for $387?
3 A No.
4 Q The lifetime which you purchased was -- I said $387
5 for the five years, right, I'm sorry.
6 And the lifetime is $587. That's what you agreed
7 to?
8 A $490.
9 Q Okay.
10 The split billing is another issue, but you chose
11 to join for lifetime, right?
12 A For another $113 it seemed like quite a bargain.
13 Q Okay.
14 If you were merely curious as to how you were
15 nominated, couldn't you have just bought an one-year
16 membership or even not bought one and still tried to find
17 out who put you in there? Why did you have to pay all of
18 that money?
19 A Probably didn't.
20 Q Well, look, if you want me to tell you how many times
21 I've purchased something that I then wasn't happy with
22 we'd be up here until next year, but I'm just saying that
23 you made a choice, didn't you, ma'am?
24 A Yes.
25 Q you made a choice and you got a book, your name was
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2762
Rieger-cross/Neville

1 in the book, apparently some other pretty important people
2 are in the book.
3 A My choice was made on information that turned out not
4 to be true.
5 Q Well, I understand --
6 A That makes a difference.
7 Q -- That you are here because you are not satisfied
8 with what you purchased and I accept that, but does that
9 mean that -- withdrawn.
10 The person or persons who made this claim to you
11 or these claims that you say are incorrect, you have no
12 idea who they were, do you?
13 A They are someone who represented themselves as spokes
14 people for Who's Who Worldwide.
15 Q I understand that.
16 But you realize this is a criminal case, right?
17 A No.
18 Q Well, may I tell you that it is a criminal case and
19 the people here are facing criminal charges which means
20 they can go to jail. Did you know that?
21 A No.
22 Q Well, so we are not just talking about money here or
23 slapping somebody on the wrist, we are talking about
24 liberty here. Do you understand that?
25 A Umm-hmm.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2763
Rieger-cross/Neville

1 Q Would it make a difference to you if you come in, and
2 I'm not suggesting anything you've said isn't accurate,
3 but you spoke to various people on the phone, right?
4 A I think that it might have been one or more people.
5 Q And you are not sure what the person's name was,
6 right? You have a vague recollection of Michavel's first
7 name or last name, but you are not sure?
8 A Something with the name Michavel in it, not that much
9 of it, I'm quite sure of it.

10 Q Based on that degree of certainty in your own mind,
11 would you be satisfied to have someone go to jail, to have
12 someone misrepresenting something to you on the phone?
13 MS. SCOTT: Objection.
14 THE COURT: Sustained.
15 MR. NEVILLE: I'm going to let you get back home
16 to California.
17 THE WITNESS: Thank you.
18 (Continued.)
19
20
21
22
23
24
25
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2764
Rieger-cross/Dunn

1 CROSS-EXAMINATION
2 BY MR. DUNN:
3 Q Good afternoon. My name is Thomas Dunn.
4 A What's your last name?
5 Q Dunn.
6 When you got this invoice that stated that there
7 was split billing and there was a statement there of $497
8 due, after that you then put a notation on it and drafted
9 up a letter to Who's Who concerning things about you,
10 correct, that you wanted?
11 A Yes.
12 Q And you had received the invoice when you sent that
13 back to Who's Who, correct?
14 A Yes.
15 Q And that was, I think, around February 19th that you
16 dated that letter to Who's Who; is that correct?
17 A I'll check.
18 2/19/93, yes.
19 Q And you are a Registered Pharmacist; is that correct?
20 A Correct.
21 Q And you have to pay very close detail to things that
22 you are preparing to dispense to the public in your job,
23 correct?
24 A Yes.
25 Q And you have to read things closely so you don't make
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2765
Rieger-cross/Dunn

1 any errors; is that correct?
2 A Yes.
3 Q And it's clear -- withdrawn.
4 And you received that invoice before you mailed
5 back that letter on February 19th; is that correct?
6 A That's correct.
7 Q And you stated, I believe, that something doesn't do
8 anything for you if it's not worth a penny; is that
9 correct? Do you remember saying something like that?
10 A Relative to what?
11 Q You made a statement in court today that when you
12 were asked about the registry, that "it doesn't do
13 anything for me if it's not worth a penny." Do you recall
14 stating something to that effect?
15 Yes or no? Do you recall that?
16 A I don't, no.
17 Q Have you ever used terminology like that anywhere?
18 A Well, I said something to that effect this morning
19 but I don't know what it was relative to. Words taken out
20 of context are meaningless too.
21 Q One of the things that you were interested in was
22 networking, correct?
23 A Yes.
24 Q And you didn't make any attempt to network with
25 anyone that was in that book, correct?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2766
Rieger-cross/Dunn

1 A That's correct.
2 Q And you could have looked at something, for example,
3 that was a publisher, you had an address for that person,
4 written a letter, put a stamp on it, requesting
5 information. You could have done that, correct?
6 A I could, yes.
7 Q You could have looked at the address of somebody
8 where they were located that was in writing or publishing,
9 called information, asked for their phone number if they
10 were listed. You could have done that, correct?
11 A Yes.
12 Q And you didn't do any of those things, correct?
13 A Yes.
14 Q You didn't make a single attempt to network with
15 anyone in that book, right?
16 A Right.
17 MR. DUNN: I have no further questions.
18 THE COURT: Ms. Scott?
19 MS. SCOTT: Yes, Your Honor.
20 (Continued.)
21
22
23
24
25
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2767
Rieger-redirect/Scott

1 REDIRECT EXAMINATION
2 BY MS. SCOTT:
3 Q Ms. Rieger, do you remember being asked about how
4 much you remember about your conversation with a
5 salesperson in 1993?
6 A On the question, no.
7 Q Do you remember Mr. Jenks asking you questions about
8 how is it that you remember your conversation back in
9 1993?
10 A Yes.
11 Q How is it that you remember that conversation?
12 A I received a questionnaire about it within two years
13 of when it happened.
14 Q Is there anything about the conversation itself that
15 was memorable to you?
16 A Well, yes, that I had been nominated by someone who
17 thought I was worthy of an honor of this scope. An honor
18 of this size.
19 Q Why is it that you remember something like that?
20 MR. JENKS: Objection.
21 THE COURT: Sustained.
22 BY MS. SCOTT:
23 Q Now, do you remember being asked questions by
24 Mr. Jenks about who was paying your expenses for this
25 trip?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2768
Rieger-redirect/Scott

1 A Yes.
2 Q And do you remember testifying that you would have
3 paid your own way?
4 A Yes.
5 Q If you had to.
6 A Yes.
7 Q Why is that?
8 MR. JENKS: Objection.
9 THE COURT: Overruled.
10 A Because I think that it's an issue of morality to
11 have duped people, misleading them into what they were
12 getting for their money. It's the principle involved in
13 it.
14 Q Now, do you remember being asked by Mr. Jenks about
15 the titles of people that appeared in that book?
16 A Yes.
17 Q I'm talking now about the book Who's Who Executive
18 Club.
19 A Yes.
20 Q And do you remember testifying that titles don't make
21 a person?
22 A Yes.
23 Q Can you tell us what you meant by that?
24 A You can take a list of people and they may be
25 absolute slime as far as their morality or ethics or
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2769
Rieger-redirect/Scott

1 anything else that has to do with making of a character
2 worthy of honest. Could be the biggest sleaze bucket in
3 the world from a mailing list.
4 MS. SCOTT: May I have a moment, Your Honor?
5 THE COURT: Surely.
6 BY MS. SCOTT:
7 Q Ms. Rieger, do you remember testifying that you
8 didn't put your plaque up when you received it?
9 A Yes.
10 Q Can you tell us why that is?

11 A Yes. Because I had heard by then --
12 MR. TRABULUS: Objection, Your Honor.
13 MR. JENKS: Objection.
14 THE COURT: Is it because you heard something
15 from somebody?
16 THE WITNESS: Yes.
17 THE COURT: Okay. Sustained.
18 Do you have plans to go home tonight?
19 THE WITNESS: It has been changed.
20 THE COURT: So you have time.
21 THE WITNESS: Yes, thank you.
22 THE COURT: We'll try to get finished with you
23 tonight, if we can.
24 THE WITNESS: That would be nice, then I could go
25 home early tomorrow.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2770
Rieger-redirect/Scott

1 THE COURT: Okay. We'll see if we can.
2 THE WITNESS: Thank you.
3 BY MS. SCOTT:
4 Q Without telling us what you've heard from other
5 people, can you tell us how it affected your decision to
6 put up the plaque?

7 MR. JENKS: Objection.
8 THE COURT: Sustained.
9 THE WITNESS: Sorry. Am I to answer?
10 THE COURT: No, don't answer.
11 BY MS. SCOTT:
12 Q Now, do you remember Mr. Jenks asking you a lot of
13 questions about purchasing items that were not what they
14 were advertised to be?
15 MR. LEE: Objection to the form of the question.
16 THE COURT: Overruled.
17 A Purchasing items that I was not happy with.
18 Q If in fact your name was selected from a mailing list
19 by Who's Who Worldwide, then did you receive from them
20 what they had represented to you that you had received?
21 A No.
22 Q And what do you mean by that?
23 A What I subscribed to was a book that was comprised,
24 that listed people who had been nominated by members and
25 were thus in my mind vouched for character and would
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER

2771
Rieger-redirect/Scott

1 therefore merit honesty.
2 Q Do you remember Mr. Jenks asked you about whether or
3 not you were curious what was in the book?
4 A Yes.
5 Q Do you remember testifying that you looked through
6 that book for people who had nominated you?
7 A Yes.
8 Q At that time did you look through the book for people
9 who had nominated you?
10 A A couple of evenings and I didn't find the original
11 ones that I thought I might have. I looked for others. I
12 looked for a name that might give me a clue.
13 Q Did you look through the entire book?
14 A Somewhat.
15 Q Do you remember Mr. Trabulus asking you why you
16 didn't use the book to contact other people?
17 A Yes.
18 Q And can you tell us why you didn't?
19 A Because I felt like it was worthless at that point.
20 Q Why is that?
21 A The organization did not measure up to what I
22 expected from the representation that I had received for
23 it.
24 Q Now, do you remember Mr. Trabulus asking you if you
25 were interested in contacting writers?
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2772
Rieger-redirect/Scott

1 A Yes.
2 Q Now, would you have been interested in contacting
3 writers whose names had been obtained from mailing lists?
4 A No.
5 Q Why not?
6 A Again, it comes to a matter of reference of
7 character. I was taught that you were judged by the
8 company you keep and I would like to know about the
9 company I start to keep.
10 Q Do you remember Mr. Schoer asking you about other
11 benefits that were available through membership in Who's
12 Who Worldwide?
13 A Yes.
14 Q And do you remember him talking to you about
15 discounts on long distance services and a Med Jet service,
16 for instance?
17 A Yes.
18 Q Now, what part, if any, did these services play in
19 your decision to purchase a membership from Who's Who
20 Worldwide?
21 A Nothing. They played no part at all.
22 Q What was the most important thing that affected your
23 decision to purchase membership?
24 MR. GEDULDIG: Objection.
25 THE COURT: Sustained.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2773
Rieger-redirect/Scott

1 BY MS. SCOTT:
2 Q Do you remember being asked questions by Mr. Nelson
3 how the government's investigation of Who's Who Worldwide
4 began?
5 A Yes.
6 Q And do you remember being asked questions about
7 whether you knew that Reed Elsevir had attempted to put
8 Who's Who Worldwide out of business?
9 A Yes.
10 Q And do these allegations by the defense have any
11 affect on your evaluation whether or not you would have
12 purchased this membership in Who's Who Worldwide?
13 A No.
14 Q Why is that?
15 MR. GEDULDIG: Objection.
16 THE COURT: Sustained.
17 BY MS. SCOTT:
18 Q Now, do you remember Mr. Neville asking you about
19 networking?
20 A Yes.
21 Q And if the members of Who's Who Worldwide had been
22 taken from mailing lists, would they have been the kind of
23 people you would have wanted to network with?
24 MR. GEDULDIG: Objection.
25 THE COURT: Sustained. Repetitive.
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2774
Rieger-redirect/Scott

1 BY MS. SCOTT:
2 Q I would ask you to look at Government's Exhibits 9-B
3 and 9-E, Ms. Rieger.
4 A Yes.
5 Q And could you take a look at the top of those two
6 documents.
7 A Yes.
8 Q And do you see a box that says "approved," about a
9 third of the way down?
10 A I'm missing something here.
11 Q (Indicating.)
12 A Oh, yes.
13 Q Can you read to us what is in that box that says
14 "approved by"?
15 A "SMI."
16 MS. SCOTT: Thank you. No further questions.
17 THE COURT: Anything else?
18 MR. TRABULUS: A little bit.
19 THE COURT: How long will you be, Mr. Trabulus?
20 MR. TRABULUS: About two minutes. Okay.
21 (Continued.)
22
23
24
25
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2775
Rieger-recross/Trabulus

1 RECROSS EXAMINATION.
2 BY MR. TRABULUS:
3 Q Ms. Rieger, if the names of some people in publishing
4 in the directory were taken from a mailing list of
5 executives in the publishing industry, do you believe that
6 those would be an inappropriate group of people for you to
7 be networking with if you were hoping to publish something
8 that you had wrote?
9 A I can't answer that.
10 Q Let me ask you this. During the course of your
11 career and particularly at the university, have you seen
12 various people receive awards?
13 A Yes.
14 Q And has there ever been an instance in which somebody
15 received an award who you felt may really not have been
16 deserving of that?
17 A Yes.
18 MR. TRABULUS: No further questions.
19 THE COURT: Anything else?
20 Very well. You may step down and --
21 MR. DUNN: Your Honor, I have just one or two
22 questions. I apologize for delaying this recross
23 examination.
24 (Continued.)
25
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2776
Rieger-recross/Dunn

1 RECROSS-EXAMINATION
2 BY MR. DUNN:
3 Q Good afternoon again.
4 Those organizations that you listed on your
5 February 19th letter, those are organizations that you
6 belonged to, correct?
7 A I belonged to at the time.
8 Q Okay.
9 Do you belong to them now?
10 A Not all of them, no.
11 Q Which ones do you not belong to now?
12 A I haven't paid my dues in the pharmaceutical
13 association.
14 Q But the other organizations you do belong to?
15 A Yes.
16 Q And isn't it a fact that those organizations use
17 mailing lists for different sorts of things?
18 A I don't know.
19 Q You have no knowledge of that?
20 A No.
21 Q If you found out that those organizations used
22 mailing lists, would you withdraw from those
23 organizations?
24 A No.
25 MR. DUNN: I have no further questions, Your
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2777
Rieger-redirect/Scott

1 Honor.
2 MS. SCOTT: I have just one question.
3 THE COURT: Go ahead.
4 REDIRECT EXAMINATION
5 BY MS. SCOTT:
6 Q Did any of those other organizations with which you
7 are affiliated claim to you that you've been nominated by
8 an established member?
9 A Yes.
10 Q And have you later learned that any of those
11 organizations used mailing lists?
12 A No.
13 MS. SCOTT: Thank you. No further questions.
14 THE COURT: Anything else?
15 You may step down.
16 THE WITNESS: I'm done?
17 THE COURT: You are finished.
18 THE WITNESS: All right.
19 THE COURT: I mean, your testimony has concluded.
20 THE WITNESS: I'll take it that way.
21 THE COURT: Members of the jury, you want to --
22 unless you want to hear my statements to the jury, you can
23 depart. Just leave it there.
24 THE WITNESS: I will depart. Thank you.
25 Members of the jury, we'll recess until 9:30
OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2778
1 tomorrow morning. I repeat my admonition to you not to
2 discuss the case either among yourselves or with anyone
3 else. I imagine the people at home have given up
4 attempting to get something out of you without success or
5 maybe they just don't care, I don't know. All they want
6 to know is when will you get through with this case.
7 Keep an open mind. Come to no conclusions.
8 Now, I hear reports on the radio that there is
9 some kind of storm coming tomorrow. I don't know. I
10 don't know what the nature of the storm is. It may be
11 rain, it may be partially snow, it may be sleet,
12 whatever. We will keep an eye on the weather. We do not
13 want to have you risk anything in coming here. But it

14 appears to me that it will be all right to come in.

15 As I said, we'll keep an eye on the weather.

16 In the meantime, we'll recess until 9:30 tomorrow

17 morning. Have a nice evening.

18 (Jury exits.)

19 MR. LEE: Your Honor, could we have a direction

20 to Mr. White to instruct Ms. Rieger not to discuss her

21 testimony with any other prospective witnesses. That's my

22 request.

23 THE COURT: To have --
24 MR. LEE: To not discuss her testimony with
25 prospective witnesses that will be called by the

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2779

1 government tomorrow or hence forth because I did observe

2 her during the break discussing with another person who

3 I'm assuming is a prospective witness. I don't know if

4 I'm sure of that but I would respectfully request.

5 THE COURT: Is she still here?

6 MR. WHITE: I don't know if her flight is tonight

7 or tomorrow morning.

8 THE COURT: Well, then I would give her that

9 instruction not to have her discuss her testimony with

10 other witnesses.

11 What about the other witnesses, Mr. White?

12 MR. WHITE: For tomorrow we have all the

13 remaining ones that I listed in the last two days who

14 haven't gotten on, plus Mr. Smith.

15 MR. TRABULUS: There are many Smiths.

16 MR. WHITE: The William Smith that I told you

17 yesterday today; Ms. Springer who was interviewed, Mr.

18 Heinbugh, Ms. Beck, Mr. Pierre.

19 MR. TRABULUS: Who is that?

20 MR. WHITE: H-E-I-N-B-U-G-H. He's in the

21 indictment.

22 THE COURT: All right. This doesn't have to be

23 on the record.
24 (Proceedings adjourned.)
25

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
2780

1 INDEX

2

3 W E N D I S P R I N G E R ........................ 2502
DIRECT EXAMINATION................................... 2502
4 VOIR DIRE EXAMINATION................................ 2509
DIRECT EXAMINATION................................... 2513
5 VOIR DIRE EXAMINATION................................ 2534
VOIR DIRE EXAMINATION................................ 2555
6 VOIR DIRE EXAMINATION................................ 2605

7 R I T A R I E G E R............................... 2627
DIRECT EXAMINATION................................... 2627
8 CROSS-EXAMINATION.................................... 2659
CROSS-EXAMINATION.................................... 2706
9 CROSS-EXAMINATION.................................... 2734
CROSS-EXAMINATION.................................... 2740
10 CROSS-EXAMINATION.................................... 2744
CROSS-EXAMINATION.................................... 2751
11 REDIRECT EXAMINATION..... ............................ 2767
RECROSS EXAMINATION.................................. 2775
12 RECROSS-EXAMINATION.................................. 2776
REDIRECT EXAMINATION................................. 2777
13
EXHIBITS
14

15 Government's Exhibit 9-D received in evidence........ 2633
Government's Exhibits 9-B and 9-E received in
16 evidence............................................. 2648
Government's Exhibit 9-F received in evidence........ 2649
17 Government's Exhibit 9-A received in evidence........ 2680

18 Defendant's Exhibit P received in evidence........... 2687
Defendant's Exhibit Q received in evidence........... 2691
19

20

21

22

23
24
25

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER

Remember 911day. Keep our heroes alive by LIVING, DOING more!
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This site is concerned with The Illicit Smashing of Who's Who Worldwide Excecutive Club, and the double scandal of government and judical corruption in one of the Unholy Federal Trials and the concomitant news media blackout regarding this incredible story.

Sixteen weeks of oft-explosive testimony, yet not a word in any of 1200 news archives. This alone supports the claim that this was a genuinely dirty trial; in fact, one of the dirtiest federal trials of the 20th century.

Show your support for justice, for exoneration of the innocent, and perhaps most importantly, government accountability, by urgently contacting your Senator, the White House, and the U.S. Department of Justice.

Unholy Federal Trials - The Illicit Smashing of Who's Who Worldwide Excecutive Club

Unholy Federal Trials- Perversions of Justice
How rare it is to find a case that offers literally dozens of serious justifications for reversal of conviction.
The Who's Who case was studied by a respected federal judge for many months,
who found that no crime had been committed, and dismissed the case.

Reed Elsevier, Ltd, as the richest and most powerful publisher in over a hundred countries around the world,
accurately described as one of the most corrupt corporations operating operating on the planet today,
undermined the foundations of American justice in the Who's Who Worldwide case with cash and more.

Examine a trial where less than twenty percent of the proceedings had ANY connection to defendants
That alone has required a separation of trials. In this case, NT EVEN ONE PERCENT of the proceedings,
accusations, presented evidence, or accepted facts, had anything to do with the "sales" defendants.

The Who's Who Worldwide case was all about Bruce Gordon, his machinations and his accountant,
and the many companies operated in secrecy by Gordon and Liz Sauter, his true "henchman."

For hundreds of the most boring hours, all discussion was about Gordon and his actions.
Prosecution witness after prosecution witness exculpated the sales defendants, but,
this same judge who had previously dismissed the case after months of study,
who may have been constitutionally unable to resist pressure from above,
was in fact pressured, and demonstrated a caving in to that pressure.
This pressure came from federal court of appeals above him,
Remember that Reed Elsevier is the most powerful force
in the American arena of jurisprudence today.

This miscarriage of justice can be fixed by granting a new trial
or a Presidential Pardon. Please call 202-456-1414 to lift your voice.

Stinkiest Trials In America The Illicit Smashing of Who's Who Worldwide Excecutive Club

Unholy Federal Trials - The Illicit Smashing of Who's Who Worldwide Excecutive Club

Unholy Federal Trials- Perversions of Justice

Stinkiest Trials In America
The Illicit Smashing of Who's Who Worldwide Excecutive Club