August 1, 1994 - Part 3
August 1, 1994 - Part 3
(14:50:30) Senator BENNETT. Senator Hatch. The CHAIRMAN. Senator Hatch, the way we're going to handle remaining time from one person's questioning is that the next person has to take it right then, Are you ready to use that time now? Senator HATCH. Sure. Ms. Kulka, I want to return to some questions about the February 1, 1994, status of the investigation, since that's a critical time. You testified, as of February 1, 1994, you hadn't focused on individuals, as I recall your testimony. Let me just read to you from Mr. Nye's deposition, He said: The issue, as I understand it, was in light of the circumstances of the February 28, 1994, expiration of the statute of limitations, whether one should seek a tolling agreement drop the cases, or file suit based on what she deemed would be imperfect Information. Question: What did Ms. Kulka say about the imperfections of the information at that point? Answer: Just that she wouldn't have enough time between. Her feeling was that she wouldn't have enough time between then and the date of the meeting and February 28, 1994, the statute or limitations expiration, to make as informed a decision would need to make, in her opinion. That wouldn't be enough to sort of go through all of these mountains of documents and so forth or for her staff to do so, 4 she and that , ultimately, she would have to be making a decision with the best infromation possible at that time. That's what he said, but isn't it true, then, as of February 1, 1994 that the RTC needed to review many records with regard to these meetings? 76 Ms. KULKA. That's correct. Senator HATCH. Isn't it true that the RTC needed to interview additional witnesses? Ms. KULKA, That's correct. Senator HATCH. And isn't it true that on February 2, 1994, the RTC had a team in Kansas City, Missouri, interviewing the RTC investigators in an effort to gather information and identify records. Ms. KULKA. Yes. Senator HATCH. In fact, the RTC still hasn't completed its investigation as of today and certainly hadn't concluded its investigation as of February 28, 1994, Ms. KULKA. That's correct. Senator HATCH. Isn't it true, also, that it would have been ex- tremely difficult to complete an investigation by February 28, 1994? Ms. KuLKA. That's correct. Senator HATCH. You so informed Mr. Altman? Ms. KULKA. That's correct. Senator HATCH. Mr. Katsanos, if I could ask you a question or two. Mr, KATSANOS. Certainly, sir. Senator HATCH. I want to understand this Early Bird. Isn't it true the Early Bird in October did not publish information about, No. 1, the names of all of the parties to the criminal referral? Mr. KATSANOS. That is correct. Senator HATCH. In fact, No. 2, it did not give any status of the parties named in the criminal referral. Mr. KATSANOS. That's correct. Senator HATCH. No. 3, the allegations against the individuals named in the criminal referral were not referred to either. Mr. KATSANOS. That's correct. The Early Bird deals only with issues being raised by reporters in a very summary fashion. Senator HATCH. So none of those things were covered by the Early Bird. Mr. KATSANOS. That is correct. Senator HATCH. Mr. Roelle, just a question or two for you. As I understand it, you informed Ms. Hanson about, No. 1, the names of the parties to the criminal referral. Right? Mr. ROELLE. Yes, sir. Senator HATCH. No. 2, the status of the parties referred to in the criminal referral. Mr. ROELLE. No, sir. Senator HATCH. You did not inform her, in any way, about the status of those parties? Mr. ROELLE. No, sir. Senator HATCH. No. 3, the allegations against the individuals named. Did you inform her about those? Mr. ROELLE. Yes, sir. Senator HATCH. You gave her the names of the parties and the allegations against them. Mr. ROELLE. Yes, sir. The CHAIRMAN. Thank you, Senator Kerry. Senator HATCH. I only have one more, The time is up? 77 The Chairman. The time is up, If it's one brief follow-up question and it will finish you I'll defer to you. Senator HATCH. IF I may have this one, I won't ask any more. The CHAIRMAN. Very good. Senator HATCH. Ms. Kulka, given the status of the Madison investigation in early February and the fact that the statute of limitations was due to run on February 28, 1994, do you think a reasonable person might conclude that it would be to a potential defendant's advantage to have the case dropped by the RTC and turned over to Mr. Fiske? Ms. KULKA. I have no idea, sir. Senator HATCH. He was very busy. He had all of the thousands of issues involved in the matter and would not have bad the team or the time that you would have had to have followed through Ms. KULKA. I don't know who has more staff available or what resources are available to him, The CHAIRMAN. Excuse me. I misspoke earlier. Senator Shelby of Alabama.