1 3 1 VIRGINIA: 1 CONTENTS 2 IN THE CIRCUIT COURT OF FAIRFAX COUNTY 2 3 3 EXAMINATION OF NASIR 4 IMRAN AWAN, et at, 4 By Mr. Friedlander 4 5 Plaintiffs, 5 6 -vs- Civil Action No. 2010-17579 5 7 NASIR KHATTAK, 7 3 Defendant. a 9 9 10 Wednesday, April 6, 2011 10 I I 11 McLean, Virginia 11 (Attached to original transcript) 12 12 KHATTAK DEPOSITION EXHIBIT PAGE 13 DEPOSITION OF NASIR KHATTAK 13 1 Commercial Lease Agreement .. 16 14 14 2 Assignment and Modification of Lease . . 19 15 The deposition of NASIR KHATTAK was 15 3 Addendum 1, Amendment to Commercial 16 taken on Wednesday, April 6, 2011, commencing at 15 Lease Agreement, dated 2/4/2008 .. 22 17 8:58 am, at the law of?ces of Friedlander, 17 4 Assignment and Modification of 1a Friedlander Earmari, PC, 1364 Beverly Road, 18 Lease Agreement .. 28 19 Suite 201, McLean, Virginia 22101, before RANDY 19 5 Auction noti?cation .. 101 20 T. SANDEFER, RPR, Stenotype Reporter and Notary 20 6 Used Vehicle Consignment Agreement 115 21 Public in and for the Commonwealth of VirginiaAPPEARANCES: 1 PROCEEDINGS 2 2 NASIR KHATTAK, 3 On behalf of the Plaintiffs: 3 having been duly sworn, testi?ed as follow 4 MARK P. FRIEDLANDER, JR., ESQ. 4 EXAMINATION ON 5 Friedlander, Friedlander 8 Earman, PC. 5 BEHALF OF PLAINTIFFS 1364 Beverly Road, Suite 201 5 FRIEDLANDER: 7 McLean, Virginia 22101 7 Q. Would you state your name and residence 8 (703) 893-9600 3 address, please. 9 mpfriedlander@verizon.net A. Nasir Khattak; 2761 Blocker Place, Falls 10 10 Church, Virginia 22043. 11 On behalf of the Defendant: 11 Q. And where were you born? 12 JOHN A. BORSARI, ESQ. 12 A. lwas born in Pakistan. 13 Borsari Associates, PLC 13 Q. Where? 14 2111 Wilson Boulevard, Suite 700 14 A. Kohat is the name of the town. 15 PO. Box 100009 15 Q. Keep your voice up so he (indicatingi 15 Arlington, Virginia 22201-3045 16 can be sure and record. 17 (703) 524-5800 17 A. Kohat; 18 john@borsari.com 18 Q. And when did you ?rst come to this 19 19 country? 20 ALSO PRESENT (Alphabetically): 20 A. 1996. 21 Mr. lssmail Alchaleh, Plaintiff 21 Q. And are you a citizen of the United 22 Mr. Imran Awan, Plaintiff 22 States? 13 15 1 involves the issue of -- the subject matter is 1 had. 2 conversion of automobiles in September. And, 2 Q. And his duties were what? 3 certainly, a certain amount of foundation of the 3 A. Everything. He had the dealer li :ense 4 ownership of the company is ?ne. 4 and the sole responsibility of running it. 5 But in terms of details as to what was 5 Q. ln other words, would I be correct in a paid for it and what was not is really not 5 assuming he would either purchase automobiles for 7 relevant, nor anywhere near close to lead to the 7 resale, or take automobiles on consignment for 5 discovery of admissible evidence. a resale? 9 MR. Are you going to tell 9 A. Anything and everything that a dealer is 10 him not to answer my question? 10 doing; so he would be it was under his JOWBTS. 11 MR. He may answer. 11 Q. Did you all have employees, alsc? 12 BY MR. 12 A. Yes. There were several people 13 Q. Okay. You may answer the question. 13 Q. And did you participate in hiring the 14 A. What was the question again? 14 employees? 15 Q. What did you pay for it? 15 A. supported him in any of his roles. 1s A. I guess that's not relevant; right? 15 But it was basically his dealershi and 17 Q. You have to answer the question unless 17 he was running it. 18 your lawyer tells you not to. And, of course, 18 Q. And how did you how did Cars 19 you can refuse to answer. 19 International have the right to be on 624 South 20 MR. I made the objection. You 20 Washington Street? 21 can go ahead and answer the question. 21 A. The lease was in place with the cwner. 22 THE WITNESS: (To counsel.) Okay. 22 Q. Did Cars international maintain any 14 16 1 A. I paid -- and I don't remember the exact 1 interest in 700 South Washington Street? 2 amount because it was paid in different 2 A. No. 3 installments; but it was about 200,000 or so. 3 Q. Did it use the office there as its 4 Smaller than 200,000. 4 officeAnd what did Abid Awan pay, if anything? 5 MR. l'm going to show you 7 A. He also paid the same amount. 7 a document. will have it marked after you made this purchase, the (Khattak Exhibit Number 1 was marked for 9 two of you then were the members of Cars 9 identification.) 10 International 10 BY MR. 11 A. That is correct. 11 Q. Can you identify this document? 12 Q. Were you owners 50-50? 12 A. Yes, have seen this. It is a lease 13 A. Yes. 13 between the owner and Cars lnternationa for 624. 14 Q. And who among you was the managing 14 Q. Was this lease in existence when you 15 member, or were both of you managing members? 15 purchased Cars International 15 A. Abid was the managing member. 15 A. This has a February 4 date on it, so -- 17 Basically, he was running everything. 17 when we purchased Cars International, it was in 19 My interest was only limited to the interest in 18 November 2009. This is after then. 19 the shares. 19 Q. This lease, dated February 4, 2008 -- 20 Q. In other words, he was the day-to-day 20 A. Oh, 2008; right, right. Sorry; there 21 manager? 21 was one in 2010. This is -- yes, this was the 22 A. He was the 100 percent control that he 22 original lease. This was the original lease INC. (703) 724-1606 (.0 00 U) (A) 11 17 between the owner and Amjad Khanzada. Q. Well, it appears to be signed by Mr. Amjad Khanzada. Is that correct? A. Yes. Q. On page 9? A. Yes. Q. Now, the landlord is listed here as Mes?n Ayenew. And that's last name A. Yes. Q. Do you know who that is? (Documents-mm; AA 40 A. That is correct, yes. Q. Were all of the assets of the old corporation then transferred to the new corporation? A. That was the understanding. Q. And so what happened with the Id corporation? A. it down. I don't exactly know whether he Cid or not. Abid was handling all of these matter was not involved. UJ 19 I don't know. He was supposed to close 12 A. Yes. He is the landlord. 12 (Khattak Exhibit Number 2 was rrarked for 13 Q. Did you know him? 13 identi?cation.) 14 A. I knew him not very well, but I came to 14 BY MR. FRIEDLANDER: 15 know him later on. Not at the time when he 15 Q. Will you look at Exhibit Number? and 15 actually, I knew him, yes, at the time when he 16 tell me if you can identify this document. 17 was signing this lease. Yes, I did know him. 17 A. know have seen this. 18 Q. How did you know him? 1a This is one of those documents s'gned 19 A. Through Amjad; he was Amjad's friend. 19 between the owner and Abid. And there were 20 Q. So this was the lease that was in 20 several signingsexistence when you and Abid Awan became owners of 21 part of the signing of this document. 22 Cars International is that correct? 22 Q. Turn to page That is correct. 1 A. (Witness complies.) 2 Q. Now, did there come a time when the 2 Q. Now, on this page there appears to be a 3 business changed? 3 place for you to sign. Do you see that? 4 A. Cars International LLC was changed to -- 4 A. Yes. 5 an?othercorporation was formed, Cars 5 Q. Now, there is some writing there. Can 5 International A LLC. a you tell me what that writing is by your narr e. 7 Q. All right. How did the change some 7 A. I don't know what that writing is, a 1d a about? a don't know who did that. 9 A. Abid Awan, he was handling all of these 9 Q. Is any part of that your writing? 10 matters. 80 he at some point he formed a 10 A. No. 11 different corporation. He wanted to have a fresh 11 Q. Well, it says here lower down that it 12 LLC doing business in the same location. 12 was subscribed and sworn to by Abid and you. 13 Q. And so did you change ownership from 13 Is that true? 14 Cars International LLC to Cars International A 14 A. No. was not part of this signature. 15 15 MR. BORSARI: I object to the predicate 1s A. We did sign a document which, basically, 15 ot the question. That's not what the document 17 showed that I had a 50 percent interest in the 17 says. 13 new LLC that was formed. 18 BY MR. FRIEDLANDER: 19 Q. So that a new LLC was formed, and both 19 Q. I'm going to read what it says, and tell 20 you and Abid Awan, again, owned 50 percent 20 me ifl am correct. It says: "Subscribed ant 21 interest in the new corporation. 21 sworn to before me by Abid Arfan Awan an I Nasir 22 Is that correct? 22 INC. Ajmal Khattak." Is that what it says? (703) 724-1606 signed by a Notary? A. I read that. Q. Is that what it says? A. That?s how it is printed. Q. Is it true that it was sworn to by you? MR. BORSARI: I object to that. He has no knowledge of that. MR. FRIEDLANDER: Well, I?m going to state that you are not to make talking objections which suggest the answer. You know that. 1 BY MR. FRIEDLANDER: Q. You can answer the question. A. I have no problem answering this question. I never signed this document. I was not there when this paper was signed. Q. Okay. Now, it appears that there is an assignment -- that is the name on the front November. Was that document in any way involved with the purchase of Cars International 23 terms of the lease between Cars Internati mal and the owner. Q. In what way? A. It changed the term, and it imprm it made some concessions to the tenant. signed between the owner and Awan. ed -- was Q. Now, on this document, Amjad tanzada's name appears. Do you know why his name appears? A. that point. Q. Well, the signature here says "ter Do you know why he would be listed as a I think he was probably a guarantor at ant. tenant? A. No. Imean, this document and the other document, there was a series of documents signed between them, basically, securing the Ieas interest of Awan. Q. What interest did Amjad Khanzad Cars International A A. He did not have any interest. a have in 20 A. Involved with the purchase? 20 He was working there. 21 Q. Yes. Didn't you say you purchased it in 21 Q. As an employee? 22 November of 2009? 22 A. He was a buyer. He would buy cars. 22 24 1 A. Yes. This document was not involved. I 1 Q. Did you have any conversations with 2 did not see this document until later. 2 anyone with respect to the transaction tha took 3 Q. So in 2009, were you buying interest in 3 place February I, 2010, that is referenced in 4 Cars International LLC or Cars International A 4 this document, Exhibit 3? 5 5 A. Which one are you talking about, sir? A. Both were the initial purchase was Q. The document that you have in fr )nt of 7 for Cars lnternationai LLC, which was owned by 7 you, Exhibit 3. Amjad Khanzada. And then later on another a A. Yes. 9 corporation was formed so and my interests 9 Q. Did you have any conversations a bout 10 were transferred there. 10 this document, about the terms? 11 There was a piece of paper signed 11 About why this document was created? 12 between me and Awan basically acknowledging that 12 A. Yes. I was part of when this dOCLment 13 I also have half interest in the next LLC. 13 was being developed, so I am familiar with this 14 (Khattak Exhibit Number 3 was marked for 14 document. 15 identi?cation.) 15 Q. Did you participate in the negotiat ons 16 BY MR. FRIEDLANDER: 15 about whatever the terms are in this agreement? 17 Q. I hand you a document that has been 17 A. Not with any -- the only person th at I 18 marked Exhibit 3 and ask if you can identify that 18 discussed this document with was Awan, who was at 19 document? 19 that point my partner. 20 A. Yes. 20 And I advised him on this document. 21 Q. What is this document? 21 Q. Do you know who drew it up and nrepared 22 A. This is a document which modified the 22 it? INC. (703) 724-1606 was involved in writing this 1 I don't remember if each and and Abid; we did back and forth. 2 sentence of this document was typed b, me and is 3 So, yes, was involved in writing this document. 9 exactly whatl am looking at. 4 Q. Did you type it? That isJonathan Fenwick whose name 5 it on a computer and type out the words? 5 appears at the bottom? 6 A. Yes. i remember e-mailing back and A. have no idea. lwasn't there vrhen 7 forth the text. 7 this document was being signed. I only advised. Q. And so can you tell me why you put down 8 Q. in the Operation of Cars international 9 Amjad as a tenant? 9 A, did you all have meetings whereby wrote up 10 A. Amjad would not be technically a tenant. 10 a record of what business you did, reso utions 11 He was probably guarantor. 11 and so forth? Did you have a book? 12 There are several mistakes in this 12 A. No. 13 document and the previous documents. 13 Q. Did you have a file or a folder ir which 14 Q. What are the mistakes in this document? 14 all of your records, your official business 15 A. This document, i think what you are 15 records, were kept? 1s pointing out is that Amjad is written as tenant; 19 A. Business records would be kep like, in 17 it is possible it is a mistake. 17 the computers and the transactions of ti cars. 18 He was a guarantor, but there were 18 Those things should exist. 19 several documents signed between the owner and 19 Awan was maintaining to some level, 20 Amjad, and Amjad and Awan, that I wasn't familiar 29 obviously, of records of the business be ng 21 with. was not involved in some of those 21 conducted and tile generated and comp Jter data. 22 documents. But at that point what was going on 22 But as far as our own personal arrangement or 26 28 1 was Awan was modifying the lease which was 1 operation agreement, that type of thing, we 2 originally guaranteed by Amjad. And at some 2 didn't have. 3 point -- I don't know where -- it transferred to 3 (Khattak Exhibit Number 4 was marked for 4 -- the guarantee was taken by Awan by himself. 4 identification.) 5 Q. After this document was signed, did you 5 BY MR. all continue to do business the same as you had 6 Q. l'm going to show you Exhibit rmber 4 7 before? That is, Awan was running and operating 7 and ask if you can identify that documer t. 9 the business? a A. Yes. I typed this. 9 A. Yes. 9 Q. You prepared this on your com}: uter? 19 Q. Buying and selling cars and so forth? 10 A. Yes. 11 A. Yes. 11 Q. And you prepared it after talking with 12 Q. Now, on this document near the bottom, 12 whom? 13 it says: "No copy of this document shall be 13 A. After talking with all of the parties. 14 considered legally binding. Only the original 14 Q. Tell me the parties you talked to when 15 shall be acceptable." 15 you prepared this document. 16 Do you know why that was put on this 16 A. That would be Abid Awan, his other, 17 piece of paper? 17 lmran; and the landlord; and Dr. Ali. 18 A. No, I don't. 18 Q. All Al?Attar? 19 Q. Did you type it? 19 A. Yes. 20 A. i don't remember if I typed everything 20 Q. middle initial and then ALL NM on this document. There were so many versions, I have to compare it to the one I typed. ongigicfgr?d?rwc, dash, A. Correct. (703) 724?1606 who arranged for him doctor and a real estate 2 money to Cars International 3 investor. He is my client. a A. I went to him to loan money to Cars 4 Q. A medical doctor? 4 International. 5 A. A medical doctor. 5 Q. And in the summer or fall of tell 6 Q. Where does he practice? a me of the transaction that took place with 7 A. He doesn't practice here anymore. 7 respect to his loan of money. a He has moved back to Iraq. 8 MR. BORSARI: I will object to it is. It Q. What type of medical doctor was he? 9 is just not relevant. 10 Or is he, should say? 10 BY MR. FRIEDLANDER: 11 A. General, everything; internal, whatever. 11 Q. You may answer. 12 Q. What is his relation to the Cars 12 MR. BORSARI: Mr. Friedlander we are 13 International A 13 here for conversion. Again, I make the same 14 A. He provided a loan. 14 point made earlier, which is it is fine to get 15 Q. On a promissory note? 15 a foundation of the background for the various 1s A. Yes. 16 real estate transactionsmake the loan to? 17 Who occupied them in terms of he 18 A. He made the loan to Cars 18 underlying investments and when that toc place, 19 International -- 19 I don't see that that is relevant at all. 20 Q. Cars International -- 20 MR. FRIEDLANDER: I believe tiat This is part of, also, another case, a 22 Q. Cars International he made a loan to 22 legal matter going on between me and al of these 30 32 1 them. And what were the terms of the loan? 1 -- the ownership issues; those are part of 2 A. There is a document that details it. 2 another legal case between loan which was needed 3 BY MR. FRIEDLANDER: 4 occasionally in different pieces. He basically 4 Q. Well, what I want to know is about the 5 would help with cash flow. 5 loan made by Dr. Al?Attar to Cars Internaional A a When Cars International had cash flow a in either August or September of 2010. 7 issues, he would provide some loan. 7 A. There was no loan made in August of 8 Q. Did you help arrange this? a 2010. 9 A. Yes. a Q. Was there one made in Septemt er of 2010? Q. He is your real estate client? A. Yes. Q. In what way is he your real estate client? A. I helped him buy and sell property. I was managing some of his real estate. Q. In other words, you were his agent in the purchase of real estate or the sale of real estate and the management of real estate here? A. Yes. He purchased several properties and I helped him. I was the sales agent in the purchase, and then I managed the properties for him. INC. A. No. It was in 2009, basically, the some money was loaned from All. And it couple of other pieces; like 10,000 here a 10,000 there. When money was needed International would tap into that. Q. Well, how was the loan transacti re?ected on books and records, or in whe A. Money transfers from his real as account to my account, my account to Ca International. Q. All right. So would you -- was th loan that came due in September of 201C A. Yes. ri-h was a nd Cars ans form? ate rs are a (703) 724-1606 33 35 1 Q. And what was the amount 1 A. Some were -- most were transfe 2 A. It was before that. 2 electronic. 3 It became due much before that. 3 Q. Electronic transfers? 4 Q. All right. When did it become due? 4 A. Right. 5 A. It came due sometime in late February 5 Q. And where did Cars Internationa 2010. 9 maintain its bank account? 7 Q. A loan due February of 2010. 7 A. In SunTrust Bank. a What was the amount that was due? 8 Q. SunTrust Bank. At what bank? 9 A. 104,000. 9 A. Falls Church branch. That is the 10 Q. And it was duefrom whom? 10 account I was familiar with. Maybe there were 11 A. From Cars International. 11 others that don?t know. 12 Q. And what were the terms of the loan? 12 Q. Now, was Dr. AI-Attar represented by a 13 What kind of interest was charged? 13 lawyer in September of 2010? 14 A. Those were not detailed in the 14 A. September of 2010? 15 promissory note. There was no interest 15 MR. BORSARI: In connection wth? 1e mentioned. Itwas an understanding that he was 16 MR. FRIEDLANDER: This transaction. 17 getting $4,000 pro?t on a $100,000 loan. 17 THE WITNESS: Which transact on? 18 Q. And was that understanding in writing? 19 BY MR. FRIEDLANDER: 19 A. The loan was in writing, the 104,000. 19 Q. Well, you are looking at Exhibit I\umber 29 But the money transfer beginning November of 2009 20 4, believe; correct? 21 and February 2010 over three months was 100,000. 21 A. Yes. No, he was out of the country, and 22 Q. The money was transferred and not all 22 I was talking to him. 34 36 1 at once, but in parts? 1 Q. You were talking to him by telept one or 2 A. Yes. 2 e-mail? 3 Q. And the money was -- 3 A. Right. 4 MR. FRIEDLANDER: You may come in and 4 Q. Was it e-mail or telephone? 5 sit down. This (indicating) is Imran Awan. 5 A. Mostly phone. a (Whereupon, Mr. Imran Awan joined the 6 Q. Tell me of the conversation that you had 7 deposition.) 7 between you and Dr. AI-Attar with respec to the 9 BY MR. FRIEDLANDER: a document that is Exhibit 4, titled "Assignment 9 Q. And the money that was transferred was 9 and Modification of Lease Agreement." 10 transferred from Mr. AI-Attar's real estate 10 A. There were several conversations between 11 account into your real estate account, and then 11 February -- even before that and leading up to 12 into Cars International A. Is that correct? 12 this document. 13 Would that be the way it went? 13 Q. All right. Tell me about those 14 A. Yes. Different pieces went from 14 conversations. 15 different channels, but that was -- the origin 15 A. Well, the loan was due, and it was not 15 would be from Ali's account and into Cars 16 paid in time. And I was, basically, buying time 17 International A's account. 17 on behalf of Awan from Dr. Ali. 19 There was some transaction that came 19 Q. You were asking Dr. Ali to extenc the 19 directly from his settlement company to the Cars 19 time? 20 International account. 20 A. Right. 21 Q. Were these done by checks or wire 21 Q. Now, was there an instrument, a 22 transfers? 22 promissory note, that said when it was du 9? ADVANTArasgqm?rxs, INC. 703) 724?1606 (DOOchrl-hUJN?l 12 37 Yes. What did the note say? It was due in late February. It was a pledge agreement. Q. What was the additions of the pledge agreement? A. There was a date after which if the loan wasn't paid, then the ownership interest would transfer to Ali. Q. tn other words, there was a document that said that if the note was not paid, all of the ownership interest in Cars International A 11 12 A. Yes. I supported Awan in any way I could. Q. How did you support him? A. Monetarily; by supplying him cars 39 and negotiating on his behalf; on buying time fer Ali; buying time from a number of other lenders. Q. Who were the other lenders? A. The other wholesalers that were money, too. Q. Who were they? A. There is Muhammad Shahzad. Q. Who? wed 13 LLC would belong to Dr. AI-Attar? 13 A. The main person was -- Muhammad Shahzad 14 A. Something like that. 14 is his name. 15 The document exists. 15 Q. Spell that last name. 16 Q. ls that what happenedownership interest in Cars International A LLC 17 Q. Where is he? 15 was transferred to Dr. Al?Attar? 1s A. He is a wholesaler. 19 A. That would be legal -- I don't know the 19 Q. I know. But he has a place, a bus ness. 20 legal interpretation of how that document would 20 Where is he? 21 be understood, but that's what our understanding 21 A. Yes. He works from a place in 22 was; that we -- because Cars International did 22 Arlington; and now, also, he opened a tire shoptime, All had the transfer 1 He is an auto mechanic in Falls rurch. 2 automatically could have taken place. 2 Q. But where? He has an address? 3 So, basically, Awan was running the 3 A. Yes. He started a car tire shop in the 4 business which was owned by someone else. And 4 same building, actually, as 624 -- 624A VI hich 5 that was the understanding which I knew and Awan 5 is attached to the dealership. knew at that time. 6 Q. 624 South Washington Street? 7 Q. Well, what was your obligation about 7 A. Yes. 8 toward payment of the note, if any? a Q. How muchmoney was owed to hirin? A. It was both mine and Awan's obligation. 9 A. It was, I believe, 38,000 or 40,000 in 10 Q. Why didn't you pay the note? 10 that range. 11 A. Cars International was the main 11 Q. Are there books and records that re?ect 12 borrower, and Cars International was supposed to 12 all of this information? 13 pay the loan. 13 A. Yes. There is a spreadsheet whim and 14 Q. And did you discuss that with Awan? 14 Awan and lmran, Awan's brother -- who was running 15 A. Yes. 15 the business towards the end of it. 15 Q. What did he say? 15 We developed a spreadsheet which laid 17 A. He was trying, and we were trying to pay 17 out all of the debts of Cars international A, and 18 the loan and make Cars International work; which 18 they all added up to around 400,000. 19 was at that point, basically, a business going 19 Q. Now, Exhibit Number 4, it says it \1 as 20 down. 20 signed on September 16, 2010. Is that correct? 21 Q. Well, did you do anything to make it 21 A. Yes, September 16. 22 work? 22 Q. Now, did you understand that at that INC. (703) 724?1606 41 43 1 time, Dr. Ali Ai-Attar was the sole owner of Cars 1 Q. Well, I'll tell you what; we will 2 international A LLC by reason of the document you 2 shortcut it. Somehow by this document, you 3 had earlier described? 3 become the tenant for this property; correct? 4 A. That was our understanding. 4 A. Right. 5 Q. Was that your understanding? 5 Q. Now, did you pay any money to a A. Yes. a Dr. AI-Attar for the right to become, have the 7 Q. And in this document, he then assigns 7 leasehold interest in this property? a the leasehold interest of Cars International to A. I did. 9 you? 9 Q. Okay. How much did you pay m? 10 A. Yes. 10 A. I paid him all that was due. 11 Q. Now, why do you get the leasehold 11 Q. How much did you pay him? 12 interest of Cars international? 12 A. Whatever the pledge agreement was, and 13 A. This document was prepared to solve a 13 that was 104,000. 14 number of issues which were at that point -- 14 Q. You paid $104,000 to Dr. AI-Atta r? 15 Q. Okay. 15 A. Yes. That?s not on this dayyou want me to tell you the whole 15 was paid to him. 17 story, all of the details? 17 Q. Over a period of time? 13 Q. I would like to know why you got to be 18 A. Over a period of time. 19 the tenant. 19 Q. What period of time? 20 A. There was part of my -- this was all 20 A. Beginning from this day onward the 21 agreed and discussed. There were ?ve or more 21 following months. 22 people involved that were being settled by one 22 Q. How much a month? 42 44 1 document -- like killing five birds with one 1 A. It was not a regular transaction, 3 2 stone -- and everybody had to do their part. 2 basis. It was part of a different 3 Q. All right. Tell me about the parts of 3 transaction. lhad several other transactinns 4 these people and who they were. 4 going on with him. 5 A. All of the details? 5 Q. All right. Tell me the transactions you Q. Yes. a had going on with him while you were paving the 7 THE WITNESS: (To counsel.) It is a 7 $104,000. 8 long story. Am I supposed to do it? A. I was handiing his real estate as it was 9 MR. BORSARI: Yes. We have an objection 9 being sold. 80 those were the transactio relevancy, but you can answer. A. Because this is relevant to a different case which is already in the courts. BY MR. FRIEDLANDER: Q. Well, I'm interested in, ultimately, how you came to own the cars that belonged to my clients. That's where I am going. A. Okay; sure. And how much time do we have until this whole procedure ends? Q. You mean the deposition? A. Yes. Q. Until we finish. A. So there is no end to it? N?komm?xlan-wa??O had going on. Q. And they are? Tell me what they A. I don't remember the details. Q. Were there 10? Were there five? A. I would think maybe six. Some of those were before this; them were after that. But in that year, we were. some of may have had 10 transactions or so, his properties that were sold. Q. When you sold his property, you entitled to a commission? A. Right. were Q. And did you give him the commission? (703) 724-1606 that manner, either commissions or some profits which we shared that -- I would not remember the details, but I have transferred by now all that is owed to Dr. Ali based on a list. Q. Where would there be a record of this? A. Yes, there would be a record. Q. Where? A. should have it, the wire transfers. One of his properties was I think the bank was taking it. There were two or three transactions going on, and he needed money. Q. You loaned him the money? A. No. lhad to give him the money. And all of this relates to the first question you asked about the parties involved in this. Q. OkayYes. Q. Now, when did Broadway IRA LLC become the landlord? A. He was always the landlord. Q. Broadway IRA LLC was always the landlord? A. That was my understanding of the 624 South Washington. Q. Whose signature is that? A. This is the owner, Mesfin. Q. What is his name? A. Mesfin Ayenew. Q. Now, tell me the names of all of peeple involved in the transaction by wh became the tenant at 624 South Washir on September 16, 2010. A. The landlord has signed it, and the oh you gton Street he 18 A. And this part of this was to get All 18 owner of Cars International A LLC was Ali. That 19 his money back. That was the that's why this 19 was our understanding. And I was the assignee. 20 document was signed. 20 Q. Who else? You said there were other 21 Q. Now, this was signed by -- Cars 21 people involved in the transaction. Was that it? 22 International by Dr. Al-Attar, and it was signed 22 A. Other peoplethe assignee. Correct? 1 Q. You said there were other peep 2 Is that your signature? 2 involved in the transaction. 3 A. Yes. 3 A. Other people were involved in developing 4 Q. And who is Chris McMiIIon? 4 this paper when we got to this paper, ani Awans 5 A. Chris McMillon was an employee at that 5 were involved. 5 time at Motors. 6 Q. All right. Tell me the names of he 7 Q. And Ryan Prosser? 7 people. a A. He was also working at Motors. 8 A. lmran Awan 9 Q. So they witnessed your signature; 9 Q. All right. 10 correct? 10 A. and Abid Awan. 11 A. Yes. 11 Q. Okay. 12 Q. But where is Dr. Al-Attar at the time 12 A. And this paper was going to be signed by 13 this is signed? 13 Abid Awan, and the initial understanding was that 14 A. He wasn't present at this time. 14 we would pay Alisign? 15 Q. 16 A. He signed by tax, and he sent an 16 A. "We" being I and Awan, the two owners of 17 original to me later by mail. But he signed this 17 Cars International. We would pay oil All his 18 paper not at the -- present. 111 loan. And that's how we will earn the ownership 19 Q. Now, this is signed by Broadway IRA 19 of Cars International A back. 20 LLC -- 20 Q. That you could buy it back? 21 A. Yes. 21 Is that what you are saying? 22 Q. -- as the landlord? 22 A. Right. Legally, our understandirg was ADVANTAGm/?igegrvc (703) 724-1606 49 that because the loan wasn't paid, became the owner of Cars International LLC. Q. On what day? A. End of February. Q. Okay. And then there was an agreement that you and Abid Awan could buy it back? A. That was our struggle from February until September. Q. And you were negotiating with the doctor to buy it back? A. Yes. Q. And you were going to buy it back 50-50? A. It was -- they were trying to support the business or raise another loan for the business so we can pay off Ali. Q. So from February to September, you and -A (009N030!th 14 A. Q. Where is Sam Azizi? 51 A. He is another car dealer. He has his own dealership now in Alexandria. Q. What is the name of his dealers tip? A. His dealership is Alexandria Mo ors. Q. Was he working at your place in South Washington Street? A. Yes. Q. Buying and selling cars? A. Yes. Q. Competing with 700 A. No. I mean, he had his own -- tlnere was not much competition. They were a dea ership next to each other. Q. And they were not competing with each 17 Abid were working to try to get the money to buy 17 other? 18 it back? 18 A. Not necessarily. I mean, there Were 19 A. That is correct. 19 different types of cars that he was bringiriig. 20 Q. And were you going to buy it back for 20 Q. What type of cars was Mot are selling 21 104,000, or would it be a little more? 21 at that time? 22 A. No. Ali?s interest was just to get his 22 A. At that time -- 2010, beginning Azizi 50 52 1 money back. I was buying time from All, and Awan 1 was running Motors, which was my dealership. 2 was trying to run the business so we can buy back 2 I had an arrangement with him that he wauld bring 3 Ali. Among the other obligations that Cars 3 his own cars. He was bringing BMWs at better 4 International had 400,000 plus of loans -- but 4 cars than what Cars International was bL ying. 5 Ali was a priority because, technically, the 5 So there was no competition, to answer 5 ownership had transferred, and he could have 5 your question. 7 kicked everybody out. 7 Q. But during the February to September a Q. Well, during that period of time, were 8 period of time that Care International A VI as 9 you and Abid then really working for the doctor 9 buying and selling used cars, who was keeping the 10 to run Cars International 10 money? 11 A. I don't think we were working for the 11 A. The money was within the Cars 12 doctor. The doctor had no interest in running 12 International bank account. Idon't know how 13 the business. Omar and his brother were running 13 much money Cars International made. I was not 14 the business. was in a supporting role so the 14 given a complete picture of the operations, but 15 business can survive and pay off its debts. 15 the person who was running it was Abid Awan. 15 Q. But were you not also running 16 Q. And there was a bank account; correct? 17 Motors? 17 A. Yes. 18 A. Motors was -- was not personally 18 Q. Money went into the bank account, and 19 running it; there was a subcontractor running it. 19 money went out of the bank account. 20 Q. Who was that? 29 Did you ever look 21 A. His name was Sam Azizi. 21 A. I had access to the bank account, at 22 Q. 22 least the SunTrust accounts. (703) 724-1606 53 55 1 Q. Were there other accounts other than 1 in whatever I could. My other dealership 2 SunTrust?? 2 Motors, was lending cars to them, supplying 9 A. I believe they were opened later on. 3 inventory when Cars International was struggling. 4 Q. Where? 4 I supported him with my time, with 5 A. I don't know how many other 5 advice, with money. My own dealership, I did not 5 accounts he opened, but I was only familiar with 5 make any money from it because I was supplying my 7 the SunTrust account. 7 cars to support inventory of Cars International a Q. Not the account? 9 so the business can survive. But it did not. 9 A. No. 9 Q. When you would supply cars fron 19 Q. And so during this period of time, he 19 Motors, how would that be recorded? 11 would -- he, Abid, running it would put cars 11 A. When it comes to recording, it was very 12 on the lot, take them in consignment, sell them, 12 bad recordkeeping in Cars International. A 13 do all of the title work, and get the money from 19 number, hundreds of transactions in the :ar 14 the retail sale. Correct? 14 business in general, and small businesses, were 15 A. Yes. He would buy cars from auction and 15 done verbally with wholesalers, with custbmers. 15 different sources, and then sell them. 15 There was no documentation wiich is 17 Q. Well, aren't there two ways? 17 write every transaction that takes place. If 18 One, you buy the cars? 19 borrows a car to Cars International and they have 19 A. Right. 19 a customer, it was simply take the car acoss the 20 Q. That is, Cars International A LLC buys 20 street and sell it, and then later on give tie 21 cars, and then sells them retail to a customer? 21 profit back or not, and adjust it in another 22 A. Right. 22 transaction. It was not being done every 54 56 1 Q. Do you also ?nance them? 1 transaction properly with proper accounti 1g. 2 A. Cars International had some banks 2 It was a very informal and casua type 3 through which it would ?nance to the customers. 3 of arrangement based on trust and basec on small 4 Q. All right. But, also, they took cars on 4 business, how they do business. 5 consignment. That is, cars that belonged to 5 Q. So there is no record of what yor just 5 others would be brought there to be sold, and the 5 told me? 7 gross pro?t would be divided however you all 7 A. Very little records of the transactons, 23 agreed? 9 hundreds of themYes. The consignment would occur. 9 dissect, you will not be able to make any sense 10 Regarding the profits and how they would 19 out of them because there were many, dc zens and 11 be divided, we never saw any pro?ts so there was 11 dozens, of cars transferred between the two 12 nothing to be divided. Cars International was a 12 dealerships and between other people. 13 total loss throughout the way it was being run. 13 And it is close to impossible to make 14 Q. But what did you do about the fact that 14 any sense out of all of the transactions th at 15 you say it you would sells cars and you 15 happened. But the basic, which I would state, 19 wouldn't make a pro?t? 15 the ?ow of support, all of those transactio IS 17 A. I didn't say that I would sell cars and 17 was in support of Cars International. The money 18 make a profit. Awan was running itthose transactions was to 19 Q. But didn't you talk to him about the 19 support Cars International A from Motors. 20 fact that you are supposed to make a profit when 29 That's why I did not make any mciney from NM you sell cars? A. I was trying to support him, advise him ADVANTAGE NM NA my dealership because my resources were supporting Cars International A LLC. (703) 724-1606 mm?AwN?to 57 Q. And is there any document anywhere to support what you just said? A. The documents, if they are dissected, and anyone who was involved and there could be dozens of people; that if you ask anyone, they would tell you the same thing, that Cars International A was a poorly run, struggling operation, fully supported by my time and my money and my dealership to make it survive. But it could not survive because of the way it was being run. Q. So on the 16th of September, 2010, based on Exhibit Number 4, you became the tenant for 624 South Washington Street? A. That is correct. Q. And Cars International would know where those from or whatever business was conductl months prior to this. Q. Did you know who owned the or were on the parking lot on the 16th of Se 2010did not. Did you care? I did. Okay. What did you do? I contacted Awan and his attorn contact the owners and remove the cars. 59 cars came ad in the us that *ptember ay to Q. Why didn?t you contact the owners? A. Becauseldid not know them. I tried to ?nd and ask. I did not know anyone knew who those cars belonged to. 17 longer a tenant? 17 Q. But you are the owner of lVotors? 1s A. That is correct. 18 MR. BORSARI: I object to that 19 Q. Because Dr. Al-Attar assigned his right 19 characterization. 20 as a tenant over to you personally? 20 BY MR. FRIEDLANDER: 21 A. That is a responsibility I took of 21 Q. Didn't you tell me that? 22 paying the rent, because the landlord was also 22 A. Are you talking about Motors? 58 60 1 when I say multiple birds killing one stone 1 Q. Yes; right. 2 (sic), the landlord was afterAwan for nonpayment 2 A. That was the business next door. 3 of rent. He has ajudgment against Cars 3 Q. That was your business? 4 International for nonpayment of rent, which he 4 A. Right. 5 finally took in Falls Church. 5 Q. You owned it? 5 He was not being paid in time. Who was A. Right. 7 going to take the responsibility? 7 Q. And you knew, as an owner of tie a Awan was the guarantor of the lease. By a business, that cars that were on consignment 9 taking over the lease, I was doing a favor to 9 didn't belong to the business. Correct? 10 Awan. It was not by choice that I took this gold 10 A. Which cars are you talking about? 11 mine. It was a problem which I was trying to 11 Q. Any cars that were on consignment in a 12 solve by getting this document signed. 12 used car place did not belong to the owner of the 13 Q. But you knew on that day that Cars 13 company? 14 International did not own the automobiles that 14 A. If you are talking about the cars that 15 were sitting there? 15 were on the lot of 624, which I took over the 1s A. I was not involved in the operations of 1s lease of. 17 Cars International. A couple months before this 17 Q. And what did you do with those cars? 18 date it was lmran, Awan?s brother, who was 18 A. I did not know who they belonged to. 19 running the business a couple of months in full 19 Q. So you took them? 20 control. Awan -- Abid was not allowed to even 29 A. I did not take them. They were here. 21 speak to anyone. All of the decisions were being 21 Q. Did you remove them from the I 22 made by his brother, lmran. 22 A. I did not remove them for a long time. (703) 724-1606 61 63 1 Q. Answermy question: Did you remove them 1 handle them. But my initial effort was to locate 2 from the lot? 2 the owners. 3 A. At a later stage. 3 Q. What did you do to locate the owners? 4 Q. At any time did you remove them from the 4 A. contacted the people who were running 5 lot? 5 the business. 5 A. Yes. got them removed after -- 5 Q. Who did you contact? 7 think it was a month and a half or so when no one 7 A. contacted lmran and his brothe', Abid, as claimed them, and they were preventing me from and his attorney. And I sent them e-mails and 9 doing my business, and taking over all of the 9 text'ed them that they should get the cars 10 space that was renting. 1o removed and inform the owners. 11 Q. But you ordered their removal? 11 Q. And did they do that? Did they do that? 12 A. Yes, I did. 12 A. I don't know. They should have. 13 Q. Did you check with the DMV to see who 13 Maybe they did not do it because nobody 14 owned them? 14 came to get the cars. 15 A. No. I contacted was not involved 15 Q. Did you put a lien on those cars? 15 in the operation of Motors at that time. 15 A. That was the process that was iritiated 17 And it was a manager at that time who 17 by the person who was running for rte. 1s handled the cars. 18 Q. Was that Sam Azizi? 19 Q. Do you know a company called Legal Works 19 A. No; it was a different guy. 20 or Legal Service? 20 Q. Who was that? 21 A. Yes. 21 A. Steve. 22 Q. Who are they? 22 Q. Steve who? 62 64 1 A. They process different -- I think the 1 A. Steve Wahezi. 2 DMV-related, car-related matters. I don't know 2 Q. Spell that for me. 3 how many other things they dobusiness with them? 4 Q. And where does he live? 5 A. Yes. 5 A. I don't know exactly where he lives; 5 Q. How long have you done business with 5 somewhere in Fairfax. Maybe South Rid ng. 7 that company? 7 Q. And where is he now? 8 A. That company was contacted by the 5 A. He was running a dealership in Maryland. 9 manager. And, again, I was not involved in 9 And he was coming in to work at at 10 dealing with the cars. 10 that point around this time. 11 It was the then manager of 11 Q. How long did he work for you? 12 Q. Well, did he discuss with you the fact 12 A. He did not stay there longer because he 13 that you could contact this company, and they 13 was harassed by the Awans. 14 would get you the names of the owners of the 14 Q. How long did he work for you? 15 cars? 15 A. He worked there for maybe a corple 15 A. The manager of at that time, he 15 months. It was an arrangement that we were 17 tried to get the cars removed and started the 17 working out. He was going to come in as a 15 process with the Legal Work Services. 15 manager and partner, but that did not succeed. 19 He contacted them. I did not know about 15 Q. Where is he now? 20 how this works. 20 A. Well, the last time I checked, he was 21 Q. You didn't discuss that with him? 21 running a business in Maryland. 22 A. We must have talked about it, how to 22 Q. The name of the business? INC. (703) 7244606 VIRGINIA: . - IN THE CIRCUIT COURT FOR FAIRFAX comma}; .. AWAN, ABID ARFAN A I: HI. And CARS INTERNATIONAL A, LLC Plaintiffs, v. Civil Action No. 2010-143 07 KHATTAK, NASIR KHAN ZADA, AMJAD 3 AL-ATTAR, ALI Defendants. DEFENDANT RESPONSE TO FIRST REQUEST FOR ADMISSIONS COMES NOW, Defendant Ali Al-Attar (?Defendant? or ?Al-Attar?) by counsel, pursuant to Rules 4:1 and 4: 11 of the Rules of the Supreme Court of Virginia and hereby responds to Defendant Ali Al-Attar?s First Request for Admissions, as set forth below. 1. Admit that you did not transfer or pay the $104,000 loan to Adid, CIA or Nasir referred to the in Pledge Agreement. ANSWER: Denied as to payment or transfer in the amount of $104,000. However, as stated in Al-Attar?s answers to interrogatories, transfers totaling $100,000 were made. 2. Admit that you did not make any demands of payment to Abid, CIA or Nasir for the $104,000 loan referred to in the Pledge Agreement. ANSWER: Denied. Demands for payment were made orally to Nasir Khattak. 3. Admit that you did not claim any ownership of CIA prior to the ?ling of this matter. ANSWER: Denied 4. Admit that you did not ?le or cause to be ?led any federal or state income taxes for CIA. ANSWER: Admitted 5. Admit that CIA did not ?le any federal or state income taxes for 2010. AN WER: Admitted ALI AL-ATTAR, MD If i ?11" ?0 ?7 . . Wm, Ryan Founseli VA Bar Ryan C. Young, Esq. VA Bar 81112 4000 Legato Road Suite 1100 Fairfax, VA 22033 Tel. 703?896-7667 Fax 703-649-3524 Counsel for Ali Al-Attar CERTIFICATE OF SERVICE I hereby certify that on 6/2/2011, a true copy of the foregoing was mailed, postage prepaid, and sent by facsimile Where indicated, to Sam Garhia, Esq., Garbia, MacGregor and Plocki, 4151 Chain Bridge Road, Fairfax, Virginia 22030. ,lr?imxhr Mr? Sam Garbia, Esq. Garbia, MacGregor and Plocki 4151 Chain Bridge Road Fairfax, Virginia 22030 Primary Business Checking - Amount Number: Current Balance: $256.98 Collected Balance: $~256.98 Avaibble Balance: 5-25638 As 01?: 10/20/10 10:56 PM Posted Transactions between 12/23/2009 and 10/20/2010 03/11/2010 03/11/2010 03/11/2010 03/11/2010 03/10/2010 03/10/2010 03/10/2010 03/10/2010 03/10/2010 03/10/2010 03/10/2010 03/10/2010 03/10/2010 03/10/2010 03/10/2010 03/10/2010 03/10/2010 (13/10/2010 03/10/2010 03/10/2010 03/10/2010 03/09/2010 03/09/2010 03/09/2010 03/09/2010 03/09/2010 03/09/2010 03/09/2010 03/09/2010 03/09/2010 03/09/2010 03/09/2010 03/09/2010 03/09/2010 03/09/2010 03/0 9/2010 03/08/2010 (13/08/2010 03/08/2010 03/08/2010 03/08/2010 03/08/2010 03/06/2010 03/05/2010 (33/05/2010 03/05/2010 03/05/2010 03/05/2010 03/04/2010 03/04/2010 03/04/2010 03/04/2010 03/04/2010 03/04/2010 03/03/2010 03/03/2010 03/03/2010 03/03/2010 (33/03/2010 03/02/2010 03/01/2010 03/01/2010 (13/01/2010 03/01/2010 03/01/2010 03/01/2010 03/01/2010 02/26/2010 02/25/2010 02/25/2010 02/25/2010 02/22/2010 02/22/2010 02/22/2010 02/19/2010 02/19/2010 02/10/2010 02/17/2010 02/17/2010 02/17/2010 02/17/2010 02/16/2010 02/16/2010 02/16/2010 02/16/2010 02/16/2010 Debit with image CHECK Debit with image CHECK Debit NSF PAID ITEMS PENALTY Debit NSF RETURNED PENALTY Credit SERVICE HARG REVERSAL Debit NSF PAID ITEMS PENALTY Debit PAID CHECK - NSF Debit PAID CHECK - NSF Debit PAID CHECK - NSF Debit PAID CHECK - NSF Debit PAID CHECK - NSF Debit PAID CHECK - NSF Debit PAID CHECK - NSF Credit ONLINE BANKING TRANSFER CREDIT FROM 0175 1000094078218 Credit ONLINE BANKING TRANSFER CREDIT FROM 0175 1000100690006 Credit ONLINE BANKING TRANSFER CREDIT FROM 0175 1000100690006 Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit NSF PAID ITEMS PENALTY Debit NSF RETURNED ITEMS PENALTY Credit SERVICE REVERSAL Credit SERVICE CHARG REVERSAL Debit NSF PAID ITEMS PENALTY Debit PAID CHECK - NSF Debit PAID CHECK NSF Debit PAID CHECK - NSF Debit PAID CHECK - NSF Debit PAID CHECK - NSF Credit ONLINE BANKING TRANSFER CREDIT FROM 0175 865410615 Credit ONLINE BANKING TRANSFER CREDIT FROM 0175 1000100690014 Credt ONLINE BANKING TRANSFER CREDIT FROM 0175 1000100690014 Debit ONLINE BANKING TRANSFER TO 0175 1000100590006 Debit with image CHECK Debit NSF PAID ITEMS PEVALTY Debit NSF RETURNED ITEMS PENALTY Credit ONLINE BANKING TRANSFER CREDIT FROM 0175 1000081914078 Debit ONIJNE BANKING TRANSFER TO 0175 1000100690014 Debit with triage CHECK Debit with image CHECK Debit with image CHECK Debit NSF PAID ITEMS PENALTY Debit NSF RETURNED ITEMS PENALTY Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Credit ONLINE BANKING TRANSFER CREDIT FROM 0175 1000100690014 Credit ONLINE BANKING TRANSFER CREDIT FROM 0175 1000100690014 Debit IMPRINTED CHARGE HARLAND CLARKE CHK ORDERS 4434689 Debit with image CHECK Debit with image CHECK Debit with image CHECK Credit CREDIT CREDIT ACCEPTANC ACHBATCH 4564289 Debit ONLINE BANKING TRANSFER TO 0175 1000081914078 Debit with image CHECK Debit ONLINE BANKING TRANSFER TO 0175 1000081914078 Debit NSF RETURNED ITEMS PENALTY Debit NSF RETURNED ITEMS PENALTY Credit with image DEPOSIT Credit ONLINE BANKING TRANSFER CREDIT FROM 0175 1000100690014 Credit ONLINE BANKING TRANSFER CREDIT FROM 0175 1000081914078 Debit With image CHECK Debit with image CHECK Debit DNLINE BANKING TRANSFER TO 0175 1000100690006 Debit ONLINE BANKING TRANSFER TO 0175 1000081914078 Debit ONLINE BANKING TRANSFER TO 0175 100010069 0006 Credit ONLINE BANKING TRANSFER CREDIT FROM 0175 1000081914078 Debit ONLINE BANKING TRANSFER TO 0175 1000100690006 Debit ONLINE BANKING TRANSFER TO 0175 1000100690006 Credt ONIINE BANKING TRANSFER CREDIT FROM 0175 1000100690014 Debit ONLINE BANKING TRANSFER TO 0175 1000081914078 Debit ONLINE BANKING TRANSFER TO 0175 1000100690006 Debit ACCOUNT ANALYES FEE Debit NSF RETURNED ITEMS PENALTY Debit NSF RETURNED ITEMS PENALTY Credit ONLINE BANKING TRANSFER CREDIT FROM 0175 1000100690014 Credit DNLINE BANKING TRANSFER CREDIT FROM 0175 1000100690006 Credit ONLINE BANKING TRANSFER CREDIT FROM 0175 1000100690006 Debit ONLINE BANKING TRANSFER TO 0175 1000081914078 Credit ONLINE BANKING TRANSFER CREDIT FROM 0175 1000100690006 Debit ONLINE BANKING TRANSFER TO 0175 1000081914078 Debit with image CHECK Debit with image CHECK Debit CHECK CARD PURCHASE DEALER CAR SEARCH 502>263-7201 KY 1524 1621 1534 0 0 1616 1619 1611 1608 1606 0 0 21440 1622 1607 1609 1999511 A .1. .6. 1240 0 $180.00 $53.00 $144.00 $36.00 $252.00 $030.00 $200.00 $159.56 $59.56 $52.50 $31.97 $6.33 $349.98 $277.34 $185.50 108.00 $36.00 $108.00 $203.36 $155.75 $143.38 $125.00 $27.18 $3,000.00 $963.00 $36.00 $252.00 $4,000.00 $1,185.00 $449.45 $250.00 $72.00 $180.00 $478.01 $407.00 $384.95 $195.00 $166.00 $24.75 $1,202.00 $358.00 $130.00 $7,000.00 $1,262.53 $1,000.00 $144.00 $144.00 $6,000.00 $2,500.00 $2,000.00 $2,000.00 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02/10/2010 02/09/2010 02/08/2010 02/08/2010 02/05/2010 02/05/2010 02/04/2010 02/04/2010 02/04/2010 02/04/2010 02/04/2010 02/03/2010 02/03/2010 02/03/2010 02/03/2010 02/02/2010 02/02/2010 02/01/2010 02/01/2010 02/01/2010 02/01/2010 02/01/2010 02/01/2010 02/01/2010 02/01/2010 02/01/2010 02/01/2010 01/29/2010 01/29/2010 01/29/2010 01/29/2010 01/29/2010 01/29/2010 01/28/2010 01/28/2010 01/28/2010 01/27/2 010 01/27/2010 01/27/2010 0 1/27/2010 01/27/2010 01/27/2010 01/26/2010 0 1/2 6/2010 01/2 6/2010 01/26/2010 01/26/2010 01/26/2010 01/25/2010 01/25/2010 01/25/2010 01/25/2010 01/25/2010 01/25/2010 01/25/2010 01/25/2010 01/25/2010 0 1/25/2010 01/22/2010 (11/22/2010 (11/22/2010 01/22/2010 01/22/2010 01/22/2010 01/22/2010 01/21/2010 01/21/2010 01/21/2010 0 1/21/2010 0 1/21/2010 01/21/2010 01/20/2010 01/20/2010 01/20/2010 0 1/2 0/2010 01/2 0/2010 01/20/2010 01/20/2010 01/20/2010 01/20/2010 01/20/2 010 (31/19/2010 01/19/2010 01/19/2010 01/19/2010 0 1/19/2010 0 1/19/2010 01/19/2010 01/19/2010 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image CHECK Debit with image CHECK Credit with image DEPOSIT Credit with image DEPOSIT Debit ONLINE BANKING TRANSFER TO 0175 1000081914078 Debit with image CHECK Debit with image CHECK Debit image CHECK Debit with 'mage CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit NSF PAID ITEMS PENALTY Credit with image DEPOSIT Debit ITEM RETURNED Debit with image CHECK Credit with image DEPOSIT Debit DEPOSITED ITEM RETURNED Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Credit with image DEDSIT Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit image CHECK Credit with image DEPOSIT Credit with image DEPOSIT Debit with image CHECK Debit image CHECK Debit with image CHECK Debt w?h image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit NSF RETURNED ITEMS PENALTY Credit with image DEPOSIT Debit ACCOUNT ANALYSIS FEE Debit image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Credit TRANSFER CREDIT FROM 0175 1000101948114 Debit with image MISCELLANEOUS DEBIT Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Credit with image DEPOSIT Debit with image CHECK Debit with image CHECK Debit image CHECK Debit with image CHECK Debit with image CHECK Debit image CHECK Debit with image CHECK Debit with image CHECK Debit ONLINE BANKING TRANSFER TO 0175 1000101948114 Credit with image DEPOSIT Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit CHECK CARD PURCHASE DEALER CAR SEARCH 502-253-7201 KY Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Debit with image CHECK Credit with image DEPOSIT Debit with image CHECK Debit with image CHECK Debit image CHECK Debit CHECK CARD PURCHASE DEALER CAR SEARCH 502-253-7201 KY Debit with image CHECK Debit with image CHECK Debit CHECK CARD PURCHASE CUUJGAN ROSEMONT IL Debit with image CHECK Debit with image CHECK Debit with image CHECK $190.00 $27.30 $27.17 $103.00 $559.49 $400.00 $80.00 $1,500.00 $181.79 $49,388.88 $15.88 $953.18 $325.88 $312.88 $500.00 $100.00 $60.00 $226.12 $95.00 $4,588.88 $1,218.88 $1,100.00 $900.00 $544.88 $258.88 $148.88 $38.88 $447.84 $318.25 $187.58 $85.58 $41.99 $35.88 $1,150.00 $260.00 $1,088.88 $449.28 $382.98 $195.88 $19.99 $1,305.00 $421.00 $149.82 $79.00 $37.66 $550.00 $257.99 $250.00 $152.00 $119.24 $110.00 $22.54 $36.00 $33.90 $900.00 $446.19 $435.00 $346.78 $257.07 $4,588.88 $288.88 $138.56 $185.19 $2.55 $481.27 $385.50 $228.38 $148.88 $134.58 $108.88 $75.88 $58.88 $18.88 $720.00 $518.87 $352.88 $300.00 $277.55 $35.08 $18.88 $758.88 $458.88 $359.51 $342.35 $195.88 $75.88 $528.88 $257.88 $44.12 $249.88 $188.88 $112.82 $23.78 $934.87 $751.28 $518.88 $600.00 $3,000.00 $15,888.88 $35,000.00 $431.61 $8,000.00 $2,400.00 $1,300.00 $2,500.00 $1,900.00 $1,150.00 $450.00 $2,489.00 $4,628.00 $1,500.00 $2,000.00 $1,998.00 $717.95 $987.95 $935.25 $952.43 $1,878.43 $478.43 $1,829.92 $1,429.92 $1,589.92 $3,009.92 $9.92 $111.71 $34,411.71 $588.29 $573.29 $389.81 $714.81 $1,825.81 $595.20 $1,895.28 $1,195.20 $1,255.28 $1,481.32 $1,575.32 $469.68 $-219.58 $-79.58 $-49.68 $398.15 $715.41 $983.91 $989.41 $1,831.48 $1,857.48 $-232.58 $917.48 $1,177.48 $1,322.58 $-322.60 $125.58 $429.55 $524.55 $544.55 $1,255.35 $49.55 $478.55 $528.47 $599.47 $737.13 $-412.87 $-852.87 9312.87 $54.38 $195.12 $347.12 $455.35 $575.35 $598.98 $534.98 $4,854.10 $4,828.28 $-920.20 $-474.01 $-39.01 $387.77 $554.84 $4,853.16 $435.84 $535.84 $775.40 $881.59 $884.15 $4515.85 $-214.58 $178.92 $399.38 $539.30 $573.88 $773.88 $848.88 $898.88 $985.88 $-371.20 $145.87 $588.87 $888.87 $1,885.43 $1,121.43 $1,131.43 $1,881.43 $2,331.43 $2,781.84 $3,843.39 $3,238.39 $3,313.39 $1,315.39 $1,935.39 $2,193.27 $2,237.39 $2,485.39 $2,555.39 $2,778.41 $2,882.19 $3,735.25 $4,487.54 SUNTRUST BANK Page 1 of 3 0 BOX 622227 '72 ORLANDO FL 32862-2227 1000094451159 0 /3 1/2 009 Account Statement 1220464033006! CARS INTERNATIONAL LLC Questions? Please call 624 WASHINGTON ST 1?800?786?8?787 FALLS CHURCH VA 22 046-4033 THANK YOU FOR BANKING WITH SUNTRUST. TO LEARN MORE ABOUT HOW SUNTRUST CAN MEET YOUR FINANCIAL SERVICES NEEDS PLEASE VISIT OUR WEB SITE AT . SUNTRUST . COM Account Account Type Account Number Statement Period Summary FREE BUSINESS CHECKING 1000094451159 10/01/2009 - 10/31/2009 Description Amount Description Amount Beginning Balance $8,185.33 Average Balance $1,218.83 Deposits/Credits $51,541.45 Average Collected Balance $1,218.83 Checks $17,324.23 Number of Days in Statement Period 31 Withdrawals/Debits $40,385.51 Ending Balance $17.04 Deposits/ Date Amount Serial Date Amount Serial Credits 10/08 4, 000.00 DEPOSIT 10/01 500.00 ONLINE BANKING TRANSFER FROM 0175 1000101948114 10108 2,000.00 ONLINE BANKING TRANSFER FROM 0175 1000101948114 10/08 7,000.00 ONLINE BANKING TRANSFER FROM 0175 885410815 10/09 8,188.58 CREDIT CREDIT ACCEPTANC ACHBATCH 4584289 10/13 1,000.00 ONLINE BANKING TRANSFER FROM 0175 1000101948114 10/18 10,000.00 ONLINE BANKING TRANSFER FROM 0175 885410815 10/19 3,000.00 ONLINE BANKING TRANSFER FROM 0175 865410815 10120 1,500.00 ONLINE BANKING TRANSFER FROM 0175 1000101948130 10/21 1,105.00 ONLINE BANKING TRANSFER FROM 01751000101948130 10/22 150.00 ONLINE BANKING TRANSFER FROM 0175 1000101948130 10/23 1,907.41 CREDIT CREDIT ACCEPTANC ACHBATCH 4584289 10/23 490.19 ONLINE BANKING TRANSFER FROM 0175 1000101948114 10/27 5,102.27 CREDIT CREDIT ACCEPTANC ACHBATCH 4584289 10128 5,000.00 ONLINE BANKING TRANSFER FROM 0175 1000101948114 10/29 800.00 ONLINE BANKING TRANSFER FROM 0175 1000101948130 Deposits/Credits: 18 Total Items Deposited: 0 Checks Check Amount Date Check Amount Date Check Amount Date Number Paid Number Paid Number Paid 80 800.00 10/29 *1310 88.22 10/09 *1323 1,500 00 10/21 *1247 3,750.00 10/01 *1312 75.00 10/09 *1325 20 00 10/23 1248 1,285.00 10/01 1313 221.91 10113 *1343 1,104 00 10/02 *1305 38.82 10101 *1315 7,300.00 10/09 50 00 10/08 1308 157.48 10/01 1318 1,104.00 10/20 50 00 10/08 Checks: 15 *Break in check sequence 549181 Member FDIC Continued on next page Withdrawals! Debits 549182 BANK BOX 622227 ORLANDO FL 32862-2227 Date Paid 10101 10101 1 0/01 10/01 1 0101 10101 1 0101 10101 1 0101 10102 1 0102 10102 1 0102 1 0102 10102 10105 10105 10105 10105 10105 10107 10108 10108 10109 10109 10109 10109 10109 10109 10109 10109 10109 10109 10113 10114 Amount 39.95 39.95 39.95 39.95 39.95 39.95 39.95 39.95 39.95 180.00 36.00 700.00 1 1.17 12.07 140.00 144.00 10.01 43.04 408.68 549.60 72.00 2,000.00 7,000.00 39.95 39.95 39.95 39.95 39.95 39.95 39.95 39.95 39.95 39.95 249.00 2,000.00 Serial Description CHECK CARD PURCHASE HONDA 2002 CHECK CARD PURCHASE 2002 CHECK CARD PURCHASE 199 CHECK CARD PURCHASE 200 CHECK CARD PURCHASE NISSAN 199 CHECK CARD PURCHASE 199 CHECK CARD PURCHASE 1999 CHECK CARD PURCHASE FORD 2003 CHECK CARD PURCHASE 19 NSF PAID ITEMS PENALTY NSF RETURNED ITEMS PENALTY DEBIT LIKENEWDETAILING EFT CHECK CARD PURCHASE SHELL OIL 23662753170 CHECK CARD PURCHASE EXXONMOBIL 47791611 CHECK CARD PURCHASE DEALER CAR SEARCH NSF PAID ITEMS PENALTY CHECK CARD PURCHASE CHEVRON 00208144 CHECK CARD PURCHASE KHAN KABOB HOUSE CHECK CARD PURCHASE POHANKA CHEVROLET CHECK CARD PURCHASE NSF RETURNED ITEMS PENALTY ONLINE BANKING TRANSFER TO 0175 865410615 ONLINE BANKING TRANSFER TO 0175 1000101948130 CHECK CARD PURCHASE 2002 CHECK CARD PURCHASE CHECK CARD PURCHASE WSHPOSV1645HONDA 2001 CHECK CARD PURCHASE 2002 CHECK CARD PURCHASE CHECK CARD PURCHASE 200 CHECK CARD PURCHASE 199 CHECK CARD PURCHASE 2001 CHECK CARD PURCHASE 2003 CHECK CARD PURCHASE 199 CHECK CARD PURCHASE DEALER CAR SEARCH TRANSFER TO CHK 8130 CONFIRM NBR 409123632 Member FDIC Page 2 of 3 '72 1000094451159 10/31/2009 Account Statement TR DATE 09 29 202-334-4675 DC TR DATE 09 29 202634-4875 DC TR DATE 09/ 29 202?334?4875 DC TR DATE 09129 202-334?4875 DC TR DATE 09129 202?334?4875 DC TR DATE 09129 202?334?4875 DC TR DATE 09129 202?334?4875 DC TR DATE 09/ 29 202?334?4875 DC TR DATE 091.29 202-334-4875 DC 1?58441F?aymentF TR DATE 09/129 HAGERSTOWN MD TR DATE 09/29 ELKRIDGE MD TR DATE 09130 502-263?7201 KY TR DATE 101C 2 FALLS CHURCH VA TR DATE 101C 2 CHANTILLY VA TR DATE 0913 0 CHANTILLY VA TR DATE 101C 2 800?331?0500 TX TR DATE 1010 202-334-4875 DC TR DATE 1010 202?3344875 DC TR DATE 1010 202-334?4875 DC TR DATE 1010 202~334?4875 DC TR DATE 1010 202?334-4875 DC TR DATE 1010 202-334?4875 DC TR DATE 1010 202-3344875 DC TR DATE 1010 202-334?4875 DC TR DATE 1010 202?334-4875 DC TR DATE 1010 202?334-4875 DC TR DATE 1011 1 502?263-7201 KY NN Continued on next page SUNTRUST BAN Page 3 of 3 0 BOX 622227 72 ORLANDO FL 32862-2227 1000094451159 Accou nt Statement Withdrawals! Date Amount Serial Description Deb?s Pam 10/15 110.00 ONLINE BANKING TRANSFER TO 0175 1000101948130 10/19 3,000.00 ONLINE BANKING TRANSFER TO 0175 1000101948130 10/19 10,000.00 ONLINE BANKING TRANSFER TO 0175 1000101948130 10/20 345.00 ONLINE BANKING TRANSFER TO 0175 1000101948130 1001 3600 10121 114.66 ACCOUNT ANALYSIS FEE 10/23 1,900.00 ONLINE BANKING TRANSFER TO 0175 1000101948130 10127 5,082.27 ONLINE BANKING TRANSFER TO 0175 1000101948114 10/28 446.96 ONLINE BANKING TRANSFER TO 0175 1000101948114 10/28 5,000.00 ONLINE BANKING TRANSFER TO 0175 1000101948130 1050 3800 Withdrawals/Debits: 46 Balance Date Balance Collected Date Balance Collected Activity Balance Balance History 10/01 1,094.68 1,094.68 10119 347.06 347.06 10/02 1,088.56? 1,088.56- 10/20 398.06 398.06 10/05 2,243.89? 2,243.89- 10/21 147.60- 147.60- 10/07 2,315.89- 2,315.89- 10122 2.40 2.40 10/08 1,584.11 1,584.11 1023 480.00 480.00 10/09 1,927.97 1,927.97 10/27 500.00 500.00 10H3 2A5706 245106 1m28 5304 5304 10/14 457.06 457.06 10129 53.04 53.04 10M5 34706 34706 HN30 1704 1104 10H6 1034106 1034706 549183 Member FDIC