UNI . 2 NORTHERN my FALIFUPHIA 3 SAN 4 5f 6. UNITED STATES OF AMERICA. 7, plaintiff, a; CASE NO. I V- DANIEL RUSH, Defendant. w- u- - .- AUDIO TRANSCRIPTION OF FILE NO. WEDNESDAY, MARCH 18, 2015 BEHMKE REPORTING AND VIDEO SERVICES, INC. BY: HE SUK JONG, CSR 12918 160 SPEAR STREET, SUITE 300 SAN FRANCISCO, CALIFORNIA 94105 (415) 597?5600 BEHMKE REPORTING AND VIDEO INC. (415) 597? 5600 Scanned with CamScanner - - Ht 1? 1? 1 MARC This :n undo deyito no.01dznq dvv1.v. I. 1?.ll\ o! 51h and 13th 3 (?39?be il?l?l1 in Prepd ion in?! mt?l?t HM NH 4 target code named Clark at the cotnvt streets in Oakland. I am placinq this device 1n a fanny person during this 5 6 pack that I will keep on or near my 7 meeting. 8 (Resume at 00:06.36.l hing the location. 9 MARC TERBEEK: I am now approac 10. Clark has not yet arrived. 11 (Resume at 00:13:37.) A 12 MARC TERBEEK: You rang. 1 13 DAN RUSH: I'm sorry. I'm running late. This I'm I'm almost there. i 14, fucking road is -- See you in a couple I 15! MARC TERBEEK: All right. I 16; minutes. DAN RUSH: Okay. Bye-bye. 18f MARC TERBEEK: Thanks, man. Bye. 19f (Resume at 00:23:00.) 20f MARC TERBEEK: Hey, brother. 2 21! DAN RUSH: How are you, brother? Sorry. 22f MARC TERBEEK: That's all right, man. That?s all i 23II right. You know, ten minutes is, you know i 24! (overlapping) -- I 253 DAN RUSH: (Overlapping) rude. {:lguiibie} we got it I .-- BEHMKE REPORTING AND VIDEO SERVICES, INC. (415) 597*5600 Scanned with CamScanner 1'7, l?i l9J 30f 31 5 HLHH ?Hit? IM MANN ilt-l HI, mun . IV . wv'lr' 'lt?ll nllullm'lf'tl- 1" 5' q" hm Hwy. .uundu?.d Ihvnv rd 1h" WAY In?! m?r' llr'lt?. .Ill ?w way 111 HIP ham. In that In! them? HAN HUSH: oh my god. I want In talk tilut. MANV Uh, nnIv, owlo. Okay. Got it. HAN RIIHH: Okay? No problem. What's up? 'l?l?lx?Hl?CK: - what is the deal with HAN RUSH: 80 what what ?Ht I mean, 1 Well, how do you mean? MARC TERBEEK: I'm putting this thing together for they're they're thcm. They - they've and they're not entirely compliant in that they, you know, haven't gave me a the entire thing that they gave me that they promised to, but they gave me a 2,500 buck check last week and are promising to give me a $2,500 check on Friday when I file this and then 5,000 when the decision is made, meaning if they -- which I read as if they get what they want out of the deal, then they (indiscernible). DAN RUSH: So what's not compliant about it BEHMKE REPORTING AND VIDEO SERVICES, INC. 3 (415) 597?5600 Scanned with CamScanner If 1? ?lr ?1 p; 5.4 than p41k thzwa' NARC No no. no JAN ?vsn Becsusr As soon as 1 stun that. I'm a dead van with else. 0h. teally? Okay. Well. then, I RAN Ne're both dead men with everybody else. NARC How do you mean? RTSR: Nell. I mean. that's the thing that's going to push somebody over the top. EARS Push what ever the top? EAR R383: The 3 neutrality and collective bargain: ng agreement . MARC TSRSEEK: Right. uh-huh. EAX RSSH: T.at will push somebody right over the M. Oh. BAX SSH: I mean, that's the key. 3m: tenses Right. DAN RUSH: And I've been working on this for fucking years. MARC TERBEEK: Oh, okay, because, they -- yeah, I just they I just had a conversation with them yesterday. They were they they were wondering if you were still with them, I mean, so . awn VTDEO SERVICES. INC. 4 nnuurw Scanned with CamScanner 1" ?l i l'l'l In 43\\ I 'y It ?t ?11 03? okay. Nt?ll TAX R??h So MARC So what let me ask You This? N54: uhat as needed? T33 R383: 2 don't know. I don't know. RS SEWER: I mean. they've signed the -- the the neutrality agreement already. I mean. you're -- v3: re yen re Signing tax arse: Xe. they didn't. MARC TERBEBK: Yeah. they did. They -- I've got them -- yeah. they have already signed the neutrality CAN RYSH: Kith who? Oh, you mean their signature? MARC TERSEEK: \Unintelligiblel -- their signature, yeah. yes?. 3:53: So let's let's talk about this. MARC TERBEEK: Sure. sure. EAR: TE BEER: Yeah. BAX RUSH: Okay. (Overlapping) MARC TERBEEK: Yeah, sure, sure. DAR SSH: -- I?m going :3 tei; ye: -- MARC TERBEEK: No, no, agree, yeah. BEHMKE REPORTING AND VIDEO SERVICES, INC. (415) 597-5600 Scanned with CamScanner I 1.. DAN RUSH: I don't. want I don't want in 3 MARC TERBEEK: No, no, I hear you. I hear you. 4 DAN RUSH: because I've given everybody in 5 Berkeley my word that I wasn't going to sign anything with 2f (inaudible) - i i 6: anybody until I was off the commission and 7 MARC TERBEEK: Are you still you're on the 8} commission, then? 9f DAN RUSH: Oh, yeah, I'm still on the commission. 0; Do you want something to eat? 1; MARC TERBEEK: No, no. Actually, no. Just a -- a 2' small -- well, let's see what they have as far as soup =3 goes. DAN RUSH: And I and I'm not going to leave anybody (inaudible). (Background conversation is inaudible and/or indiscernible and is not transcribed.) (Resume at 00:29:11.) DAN RUSH: Let's -- look, I'm not going to (indiscernible). Okay? MARC TERBEEK: Okay. DAN RUSH: I'm also not going to leave myself out. MARC TERBEEK: Right, right, I DAN RUSH: Okay? MARC TERBEEK: I understand. So what you tell BEHMKE REPORTING AND VIDEO SERVICES, INC. 6 (415) 597?5600 Scanned with CamScanner 1; me What we need to 2! DAN I want to know if they can pass the 3i muster. 4i So what other than being close to People's Park 5i (overlapping) 6 MARC TERBEEK: Oh, there -- there there's no 7 there's no 8/ DAN RUSH: No parking? 91 MARC TERBEEK: there's -- there's yeah, the 10 the parking is is basically the one they should spend 11 their money on. I told them two years ago to buy the 12 DAN RUSH: 13 parking lot across the street. 14 MARC TERBEEK: Uh?huh. 15 DAN RUSH: I mean, any anybody would have known 16 that. 17 MARC TERBEEK: Right. 18 DAN RUSH: They didn?t buy it (indiscernible)? L9 MARC TERBEEK: No. :0 DAN RUSH: I don't know if they're going to be able 1 to get it. 2 MARC TERBEEK: You mean even if they have all the 3 because the parking? es? this thing 4 DAN RUSH: Parking. They get they 5 in their head that just because they think something, that BEHMKE REPORTING AND VIDEO SERVICES, INC. 1 (415) 597-5600 Scanned with CamScanner it?s statutory. lJ MARC TERBEEK: Uh- huh. DAN RUSH: And they seem to think that Peeple's Park isn't can't be classified as a park- 3 4 5 MARC TERBEEK: It's -- it's not. No, I mean, 6 seriously 7 DAN RUSH: Look at all the other things that Melinda 8 Haag has done. 9 MARC TERBEEK: Oh, well, I mean, I -- I'm just 10 thinking about from Berkeley's zoning ordinance ll standpoint. It's not [2 DAN RUSH: So but you know what Zach what Zach, 3 the city attorney, is going to think. 1 MARC TERBEEK: What's that? DAN RUSH: He's he's going to think "What is Melinda Haag going to do? Do I want another dispensary in my town that gets hit by the feds?" MARC TERBEEK: Uh-huh. DAN RUSH: (Indiscernible). I got to ask you something. Okay? MARC TERBEEK: Yeah. DAN RUSH: And I just got to ask you. What did the rarrant say for your office? What did it say? What MARC TERBEEK: It it -- it described the office DAN RUSH: thhuh. BEHMKE REPORTING AND VIDEO SERVICES, INC. 8 (415) 597?5600 Scanned with CamScanner 1: MARC 4nd kit??x?l ltll't?l fllt'u 191:?:th t0 Carl Anderson, the tax Mutt, .am' and all lees relating of thing. Pd 3 to him, stock certificates. that 4; DAN RUSH: Just Carl Anderson? 5i MARC TERBEEK: Just Carl Anderson, yeah. 6; DAN RUSH: Do you do you have any culpability 7} there? 8' MARC TERBEEK: I don't -- I can't imagine. I mean. 9 with with Carl? Relating relating to Carl? I -- I ,0 can't imagine. I mean -- 1 DAN RUSH: I can't either. 2 MARC TERBEEK: You know? 3 DAN RUSH: I can't either. But I got to tell you, it's I've waited a 5 month to ask you that MARC TERBEEK: Yeah. DAN RUSH: -- because I wanted to think about it. MARC TERBEEK: Okay. DAN RUSH: And -- have you heard anything back from them? MARC TERBEEK: Nothing. DAN RUSH: Not a word? MARC TERBEEK: No. DAN RUSH: No communications? No MARC TERBEEK: NO. BEHMKE REPORTING AND VIDEO SERVICES, INC. (415) 597-5600 Scanned with CamScanner 1: DAN RUSH: wires, faxes, smoke s1qnal?? k} . MARC No. no. nothing- DAN RUSH: Okay- I can't tell you how mUCh bettPr I i feel just by asking you that. MARC TERBEEK: Good. MARC TERBEEK: I love you, man. yeah. DAN RUSH: I feel like fucking Tony SDprano talking 3 4 5 6% DAN RUSH: Okay? And I love you with all my heart. 7 8 9 to Big Pussy 10 MARC TERBEEK: (Laughs). Scanned with CamScanner