- 106 - In support of petitioner’s claims regarding the alleged MZ Trading-related deposits, petitioner relies on his self-serving testimony, Mr. Guterman’s testimony, Mr. Jordan’s testimony including his expert report and the addendum to that report, MZ Trading’s purported 1993 transaction summary, and Mr. Oliveras’ summary of MZ Trading’s deposits during 1993. We are not re- quired to, and we shall not, rely on the testimony of petitioner and of Mr. Guterman regarding those alleged deposits. Based on the Court’s evaluation of the testimony of Mr. Jordan, we also are not required to, and we shall not, rely on his testimony, including his expert report and the addendum to that report,61 regarding certain of the alleged MZ Trading-related deposits. The testimony of petitioner, of Mr. Guterman, and of Mr. Jordan with respect to certain of the alleged MZ Trading-related deposits referred to and relied on MZ Trading’s purported 1993 transaction summary. MZ Trading’s purported 1993 transaction summary is a handwritten document dated August 5, 1999, most, if not all, of which petitioner and Mr. Guterman prepared, which listed a series of transactions in which petitioner claims MZ Trading engaged during 1993. For each transaction listed in MZ 61In violation of the Court’s March 31, 2000 Order, which required each party to submit to the Court and to serve on the opposing party a copy of any expert report on or before June 30, 2000, petitioner did not proffer the addendum to Mr. Jordan’s expert report to the Court until Aug. 21, 2000, the first day of the further trial in this case, and did not provide a copy of that addendum to respondent until about 5 minutes before it was marked for identification at that further trial. On the record before us, we find that respondent was prejudiced by that viola- tion by petitioner of the Court’s March 31, 2000 Order.Page: Previous 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 Next
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