Accounts- 3 at First Independence, Comerica: A & F environmental, Joint accounts, Xcel and Johnson consultants.
December 21st 2004 check made payable to Bobby Ferguson for $15,000 at First Independence Bank.
Looking at cash that came out of the accounts.
12:40PM Rataj cross examines.
Witness agrees these are all accounts that are Ferguson-related. Witness says that there are 9 accounts in the chart but she reviewed over 60 accounts.
Rataj says there is nothing illegal in cashing checks. Witness says there is if it's structuring.
Rataj points to judge's instructions. Witness agrees that in this case, no.
Witness says looked at checks made payable to Ferguson that were cashed instead of deposited.
Rataj says he did his own calculations for 2002. Scary when defense lawyers do math.
Rataj says Ferguson took over FEI in 1993. Witness agrees that she did not do cash analysis for Ferguson from 1993 through 2001.
Rataj says that in 2002 there were about 85 checks in his calculations. Witness says she doesn't know where Rataj is going with this.
Rataj says she doesn't know where he is going with this. Witness is counting number of checks for 2002, one by one down the document.
Witness says there are 83 check transactions in 2002.
Rataj asks how many of those Ferguson negotiated and endorsed himself. Rataj says he did and it's 3.
Rataj says he wants to introduce 2 exhibits into evidence. Says he doesn't have copies today for the government.
Witness saying she can't tell if one of the checks highlighted says Ferguson Enterprises or Bobby Ferguson. Witness agrees that there are 2 or 3.
Witness says that the checks were endorsed by various employees or his wife. So Rataj says it was people other than Ferguson.
Rataj says that Marilyn Johnson was an employee of FEI. Witness agrees.
Rataj says at this time Ferguson had about 200 employees. witness has no idea. Says she just looked at bank records.
Rataj says FEI owned a lot of heavy equipment.
Rataj asks if she knows anything about the construction business. No says the witness.
Once the job was awarded says Rataj the goal was to do the job as fast as possible and under budget. again, i have no idea says the witness.
Witness agrees that time is of the essence on these contracts.
Judge agrees with the government that the witness doesn't have any foundation to answer these questions.
Rataj asks witness to acknowledge that Ferguson would need cash to operate crews on day to day basis. Witness has no idea.