Universal Express Inc fka USXP

[dia duit]

Q. And you're aware that you made that settlement proposal in open court to Judge Lynch on October 12th through your attorney, correct?

A. Yes.

Q. And Judge Lynch deferred ruling on whether you are in contempt of his orders pending an evaluation of that offer, correct?

A. Well, I'm not an attorney, but I don't believe that's what was said, but I will defer to Mr. Tifford to respond to what he believes was said.

Q. What do you believe was said, sir?

A. I believe we made an offer and Judge lynch said to the representative from the Securities and Exchange Commission if there are accounts that, you know, that you claim Mr. Altomare has, bring the information to me, but as of right now I appear to accept his offer.

Q. Well, we'll have to see if the Court says that. You may want to ask your attorney if your interpretation is correct, because it's my understanding, and I'll tell you that a defense to contempt is inability to pay. But you have not established any inability to pay because you have declined to answer any questions that would reflect what funds you have and don't have. Therefore, you may want to think about what the Court will hear about what your assets are or are not by my report at this deposition because you have failed to answer any questions by which I can evaluate or the FCC based on this deposition transcript can evaluate your ability to pay. What we have are magazine articles which reflect you owning an extremely expensive condo. We have wires going here and wires going there. We have jewelry going here and jewelery going there. And then we have a guy who refuses to answer any questions.

I can't advise you on the 5th. I did not advise you on the 5th today. I'm sure that that's between you and your attorney. I do not presume to. I'm just telling you now that the report that I will give to the Court will have to be that I can't tell or worse, that I am asking the Court to draw what's called an adverse inference against you, which is to say I would tell the Court that if you fail to answer these questions. He should presume that the answer would hurt you, otherwise, you would have answered the question. I have nothing else for now. I'm not closing the deposition. I should ask you, do you, reflecting on that, want to tell us now what assets you have?

A. I'll try to do it this time. I respectfully decline to answer that question based upon my constitutional rights as guaranteed to me by the 5th Amendment of the United States Constitution and the same rights provided to me in the Constitution of the State of Florida and at the advice of counsel.

------------------



MR. TIFFORD: Are there any other questions you wish to ask?

MS. MOSCOWITZ: Not today. I'm not closing the deposition. Actually, there is one I want to ask.

BY MS. MOSCOWITZ:
<bQ. Is King Abdula of Saudi Arabia a shareholder in Universal Express?

A. I do not know.

Q. And have you told shareholders at Universal Express that King Abdula is a shareholder?

A. No.

MS. MOSCOWITZ: I have nothing else.


-------------




Q. With regard to your testimony that the funds received from the sale of the jewelry to the Kravitz state company went into an account of your wife, where is that account?

A. I respectfully decline to answer that question based upon my constitutional rights as guaranteed to me by the 5th Amendment of the United States Constitution and the same rights provided to me in the Constitution of the State of Florida.

MS. MOSCOWITZ: <bOf course you know we're going to follow up with a subpoena for which there is no 5th Amendment privilege because it's going to ask for records.



DEPOSITION OF RICHARD ALTOMARE (NOVEMBER 27, 2007)
http://www.usxp.com/Receiver/Richard_Altomare_Depo_11_27_07.pdf