Raghu Sud — Direct/Cross
170 linesDIRECT EXAMINATION BY MR. EVERDELL:
MR. EVERDELL: Good morning, Mr. Sud. Just be sure to speak into the microphone so we can hear your responses.
RAGHU SUD: Good morning.
MR. EVERDELL: Thank you. Where do you live, Mr. Sud?
RAGHU SUD: East Windsor, New Jersey.
MR. EVERDELL: How long have you lived there?
RAGHU SUD: Since 2002.
MR. EVERDELL: Where do you work?
RAGHU SUD: Shoppers Travel.
MR. EVERDELL: What is Shoppers Travel?
RAGHU SUD: It's a full-service travel agency providing airline tickets, car rentals, hotels, and vacations to customers.
MR. EVERDELL: How long has Shoppers Travel been a company?
RAGHU SUD: Since 1988.
MR. EVERDELL: And when did you start working for Shoppers Travel?
RAGHU SUD: Since 1988.
MR. EVERDELL: You were there when it started?
RAGHU SUD: Yeah.
MR. EVERDELL: What is your current position at Shoppers Travel?
RAGHU SUD: Vice president.
MR. EVERDELL: What are your duties and responsibilities in that position?
RAGHU SUD: Overseeing day-to-day operation and interacting with customers, making travel bookings for them. Whatever is required to do.
MR. EVERDELL: Are you familiar with how Shoppers Travel bills or invoices its customers?
RAGHU SUD: Yes.
MR. EVERDELL: And how does that work?
RAGHU SUD: When a customer calls, they ask for what they need. We make up an itinerary or issue tickets according to their needs and then charge their credit cards for that; or if they are sending check, then take a check from them.
MR. EVERDELL: And do you generate invoices as part of that process?
RAGHU SUD: Yes, we do.
MR. EVERDELL: And what do you do with the invoices?
RAGHU SUD: Invoices are sent to the customers. And we keep them and put them -- enter in our accounting system, which is called QuickBooks.
MR. EVERDELL: Is it QuickBooks?
RAGHU SUD: Yeah.
MR. EVERDELL: Okay. And are you familiar with how Shoppers Travel uses QuickBooks to keep its billing records?
RAGHU SUD: Yes, I am.
MR. EVERDELL: Okay. And is that kept electronically?
RAGHU SUD: Yes.
MR. EVERDELL: And do the QuickBooks records include information about the invoices that were sent to the customers?
RAGHU SUD: Yes.
MR. EVERDELL: How is the information from the invoices or any other billing records input into the QuickBooks system?
RAGHU SUD: According to each customer. It's different if it's repeat customer. We make up a profile for them and enter everything under that name, even though they are different passengers, but it's coming from one place. A request is made, then it's entered accordingly, or it's individually entered with the invoice numbers and the date.
MR. EVERDELL: Okay. And when is that information entered into the QuickBooks system?
RAGHU SUD: Either same day or next day.
MR. EVERDELL: Same day or next day as what?
RAGHU SUD: Of the transaction.
MR. EVERDELL: Okay. And are you able to search your QuickBooks database for invoices and other billing records related to customers?
RAGHU SUD: Yes, we can.
MR. EVERDELL: Okay. And how would you do that?
RAGHU SUD: It all depends if we are doing it for a company which we have made a profile, or a group we have made a profile for. Then we put the profile name and run a report on it.
MR. EVERDELL: Okay. Great. And does the QuickBooks system generate a report for that profile customer?
RAGHU SUD: Yes, they do.
MR. EVERDELL: Okay. Do you ever have a profile for someone named Jeffrey Epstein?
RAGHU SUD: Yes, we do.
MR. EVERDELL: Okay. Was he a customer of Shoppers Travel?
RAGHU SUD: His office was a customer, yes.
MR. EVERDELL: Okay. And did you have interactions with his office about booking flights and other travel arrangements?
RAGHU SUD: Yes, we did.
MR. EVERDELL: Did there come a time when you were asked to verify certain records related to Epstein's office that you had at Shoppers Travel?
RAGHU SUD: To verify, not as of yet.
MR. EVERDELL: Okay. Did there come a time when you were asked to generate a report from your QuickBooks system?
RAGHU SUD: Yes.
MR. EVERDELL: And when were you asked to do that?
RAGHU SUD: In 2016.
MR. EVERDELL: Okay. And did there come a time when you were asked to review that same report later on?
RAGHU SUD: As of now, no.
MR. EVERDELL: How about this: I want to show you what's been marked for identification as RS-1. And we'll put that on the screen for the Court and the deputy and the witness for now.
RAGHU SUD: Yes, these are --
MR. EVERDELL: Before you say anything, let's make sure --
MR. EVERDELL: Your Honor, may I inquire?
JUDGE NATHAN: You may inquire.
MR. EVERDELL: Sorry to interrupt you, Mr. Sud. Do you see what's marked in front of you as Defense Exhibit RS-1?
RAGHU SUD: Yes. It was a report run through us on -- like I said, in 2016.
MR. EVERDELL: Okay. So do you recognize that report?
RAGHU SUD: Yes.
MR. EVERDELL: And what is that report?
RAGHU SUD: It shows the invoice. It says the date of the invoice issued, invoice number, name of the passenger, and the amount.
MR. EVERDELL: And what customer is this report related to?
RAGHU SUD: This was for file name Epstein.
MR. EVERDELL: And how do you recognize this document?
RAGHU SUD: Because I was the one who ran it at that time.
MR. EVERDELL: And what years does this report cover?
RAGHU SUD: Well, if you have all of it, this page which I'm looking at it, has 2005, 2006.
MR. EVERDELL: Maybe if we could look now at the last page of the document, which I believe is page 19. Do you see page 19, Mr. Sud?
RAGHU SUD: I do see. This is from '99.
MR. EVERDELL: Okay. So roughly the records between January 1999 and December 2006?
RAGHU SUD: Yes, sir.
MR. EVERDELL: Okay. And are these -- is this a fair and accurate copy of the report of invoice information that's related to Epstein from -- during those dates that I mentioned?
RAGHU SUD: Yes, sir.
MR. EVERDELL: Now, was this report generated -- does this report contain information that was added to the database at or near the time that the invoices that are listed there?
RAGHU SUD: I'm sorry, I didn't get the question.
MR. EVERDELL: Does the report -- does the information in the report about the invoices, was it added to the database at or near the time that the invoices reflect?
RAGHU SUD: Like I said, it's always entered on the same day or the next day.
MR. EVERDELL: Okay. And was the invoice information in this report added to the database with someone who had knowledge of the information on the invoices?
RAGHU SUD: Yes, sir.
MR. EVERDELL: And was -- is it the regular practice of Shoppers Travel to keep this information in its database?
RAGHU SUD: Yes, sir.
MR. EVERDELL: And does this report summarize the invoice information that's kept in the regular course of business at Shoppers Travel?
RAGHU SUD: Yes, sir.
MR. EVERDELL: Your Honor, at this time the defense offers what's been marked as RS-1 for identification.
MR. EVERDELL: Yes, I should say that there are personally identifying information of third parties, so we ask for it to be received temporarily under seal so we can apply appropriate redactions.
JUDGE NATHAN: All right. RS-1 is admitted temporarily under seal. And you can propose narrowed redactions as necessary.
(Defendant's Exhibit RS-1 received in evidence)
MR. EVERDELL: Thank you, your Honor. With the Court's permission, I will hand out copies to the jury.
JUDGE NATHAN: Okay.
MR. EVERDELL: Thank you. With the Court's permission, I'll publish this to the jury.
JUDGE NATHAN: Ms. Moe?
JUDGE NATHAN: Okay. The jury may open the folder and take a look. It's RS-1, which has been admitted.
MR. EVERDELL: All right. Mr. Sud, do you still have RS-1 in front of you?
RAGHU SUD: Yes.
MR. EVERDELL: I'll just ask you a few questions about this document. This is what comes from your QuickBooks system; correct?
RAGHU SUD: Yes, sir.
MR. EVERDELL: And you said this is for -- related to the customer Jeffrey Epstein?
RAGHU SUD: Yes, sir.
MR. EVERDELL: If we just look at the first page, you see the column that says "type"?
RAGHU SUD: Yeah.
MR. EVERDELL: What does that refer to?
RAGHU SUD: It's an invoice.
MR. EVERDELL: Okay. And the date refers to what?
RAGHU SUD: The date, when it was issued.
MR. EVERDELL: When the invoice was issued?
RAGHU SUD: Yeah.
JUDGE NATHAN: Mr. Sud, could I ask you to pull the microphone a little closer to you. Thank you so much.
RAGHU SUD: Okay. Sorry about that.
JUDGE NATHAN: That's okay.
MR. EVERDELL: So the date is the date the invoice was issued?
RAGHU SUD: Yeah.
MR. EVERDELL: And then number or num, what does that refer to?
RAGHU SUD: The number of the invoice.
MR. EVERDELL: And do you see where it says "name"?
RAGHU SUD: That's the name of the passenger.
MR. EVERDELL: Okay. I don't want you to say any of the names, but that reflects the name of the passenger who the ticket was purchased for?
RAGHU SUD: Yes.
MR. EVERDELL: Okay. "Amount," what does that refer to?
RAGHU SUD: That was the amount of that particular invoice.
MR. EVERDELL: Okay. And then balance, what does that refer to?
RAGHU SUD: That's just a carry forward same number. If you keep saying -- balance keeps adding up.
MR. EVERDELL: Okay. And again, these are records for Epstein from January 1999 on the last page to December of 2006 on the first page, right?
RAGHU SUD: Yes, sir.
MR. EVERDELL: One moment, your Honor.
JUDGE NATHAN: You may.
(Counsel conferred)
MR. EVERDELL: I have no further questions, your Honor.
JUDGE NATHAN: Ms. Moe.
JUDGE NATHAN: Go ahead.
CROSS-EXAMINATION BY MS. MOE:
RAGHU SUD: Good morning.
MS. MOE: Just to be clear, you began booking travel for Mr. Epstein's office in 1999; is that right?
RAGHU SUD: Yes, ma'am.
RAGHU SUD: Ma'am, if we did, I do not have any records for that.
MS. MOE: Okay. So the records that we're looking at in RS-1, those begin in 1999 and run through 2006; is that correct?
RAGHU SUD: Yes, ma'am.
MR. EVERDELL: No redirect, your Honor.
JUDGE NATHAN: All right. Thank you. Mr. Sud, you may step down. You are excused.
RAGHU SUD: Thank you.
(Witness excused)
JUDGE NATHAN: Mr. Everdell, the defense -- sorry, jurors. Thank you. You may put your folders down. Thank you so much. And Mr. Everdell, the defense may call its next witness.
MR. EVERDELL: Turn it over to my colleague, your Honor.
JUDGE NATHAN: Ms. Sternheim.
MS. STERNHEIM: Thank you, Judge. The defense calls Elizabeth Loftus.
JUDGE NATHAN: Okay. Elizabeth Loftus may come forward.
MS. STERNHEIM: Judge, I have an exhibit. May I hand it to the government and the Court and put it on the witness stand?
JUDGE NATHAN: Yes. Good morning. ELIZABETH LOFTUS, called as a witness by the Defendant, having been duly sworn, testified as follows:
JUDGE NATHAN: Thank you.
MS. STERNHEIM: Judge, if I may.
JUDGE NATHAN: Yes. Please just set that aside until directed. Thank you. Ms. Sternheim, you may inquire.
MS. STERNHEIM: Thank you very much.