case mdl no. 2119 document 198 filed 02/02/12

46
BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION IN RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS (MERS) LITIGATION MDL NO. 2119 AMICUS CURIJE INFORMATION REGARDING JUDGE W. ROYAL FURGESON, JR. TO THE HONORABLE CHAIRMAN JOHN G. HEYBURN II , UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION ("JPML"): At its meeting in Miami, Florida, on January 26, 2012, the JPML is scheduled to consider a motion to transfer Dallas County, Texas v. MERSCORP, Inc. , et aI., C.A. No. 3:11-02733, currently pending in the Northern District of Texas, to the District of Arizona. Roger K. Parsons, amicus curire herein and resident of Dallas County, Texas, relates information showing grounds, pursuant to 28 U.S.c. § 455, for sua sponte disqualification of Judge W. Royal Furgeson, Jr. ("Judge Furgeson") from any role in deciding the disposition of the motion to transfer this case. INFORMATION On the recommendation of Dallas County District Attorney Craig Watkins ("Watkins"), Dallas County Commissioners contracted 1 Dallas-based lawyers Stephen F. Malouf ("Malouf') and Lisa A. Blumenthal Baron ("Blue-Baron"/ to do work Watkins was elected and paid to do and, in consideration for handling the case, assigned Malouf and Blue-Baron a 25% contingency- fee interest in the proceeds of any settlement/judgment debt MERS may owe Dallas County. 1 Exhibit 1.0 is the contingency fee-contract Watkins "Recommended for Approval" by Commissioners' Court of Dallas County, Texas on September 20, 2011. Dallas County Commissioner John Wiley Price, who motioned the Commissioners' Court for approval of Maloufs and Blue-Baron's contingency-fee contract is currently under investigation by federal authorities looking into allegations of public corruption. See Exhibit 2.0, "John Wiley Price Investigation: Commissioner Buys the Same Land Twice On the Same Day," Dallas Observer, June 29, 2011; and the proceedings in USA v. Hill, et ai, TXND Case No. 3 :07-cr-00289-M-l . 2 Malouf and Blue-Baron do business under different monikers, however pleadings in this case show they operate in joint-venture from 3811 Turtle Creek Blvd ., Suite 800, Dallas, Texas 75219; 214-969-7373 (Telephone); 214-969-7648 (Facsimile). (See ECF No. 2119, p. 19.) The public corruption case cited above (USA v. Hill, et at) was assigned to Judge Barbara M. G. Lynn who, just prior to her appointment, lead a team of lawyer-lobbyers at her firm (Carrington, Coleman, Sloman & Blumental, LLP) that succeeded in derailing federal and state grand jury investigations into allegations that officers at Baron & Budd, P.C. ("B&B"), including Blue-Baron, had conspired in bribing/extorting judges with promises/threats of employment/unemployment as quid pro quo for the judges willfully abusing their judicial authority to aid and abet, under color of law, a corrupt B&B corporate policy to systematically suborn the perjury of thousands of witnesses in asbestos claims litigation. The scheme devised by B&B's officers made their contingency-fee contracts valuable even when there was no legitimate underlying claim. AMICUS CURIJE INFORMATION REGARDING JUDGE W. ROYAL FURGESON, JR. Page 1 of 4 Case MDL No. 2119 Document 198 Filed 02/02/12 Page 1 of 2 BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTlDISTRICT LITIGATION IN RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS (MERS) LITIGATION MDL NO. 21 19 AMICUS CURIIE INFORMATION REGARDING JUDGE W. ROYAL FURGESON, JR. TO THE HONORABLE CHAIRMAN JOHN G. HEYBURN II , UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGA nON ("JPML"): At its meeting in Miami, Florida, on January 26, 2012, the JPML is scheduled to consider a motion to transfer Dallas County, Texas v. MERSCORP, inc. , et af., c.A. No. 3: 11-02733, currently pending in the Northern District of Texas, to the District of Arizona. Roger K. Parsons, amicus curia! herein and resident of Dallas County, Texas, relates infonnation showing grounds, pursuant to 28 U.S.C. § 455, for sua sponte di squalification of Judge W. Royal Furgeson, Jr. ("Judge Furgeson") from any role in deciding the disposition of the motion to transfer this case. INFORMATION On the recommendation of Dallas County Di strict Attorney Craig Watkins ("Watkins"), Dallas County Commissioners contracted! Dallas-based lawyers Stephen F. Malouf ("Malouf') and Lisa A. Blumenthal Baron ("Blue-Baron,,)2 to do work Watkins was elected and paid to do and, in consideration for handling the case, assigned Malouf and Blue-Baron a 25% contingency- fee interest in the proceeds of any settlement/judgment debt MERS may owe Dallas County. I Exhibit 1.0 is the contingency fee-contract Watkins " Recommended for Approval" by Commissioners' Court of Dallas County, Texas on September 20, 2011. Dallas County Commissioner John Wiley Pri ce, who motioned th e Commissioners' Court for approval of Maloufs and Blue-Bar on's contingency-fee contract is curre ntl y under investigation by federal authorities looking into allegations of public corruption. See Exhibit 2.0, "John Wiley Price Investigation: Commiss ion er Buys the Same Land Twice On the Same Day," Dallas Observer, June 29, 20 11 ; a nd the proceedings in USA v. Hill, el 01, TXND Case No. 3:07-cr-00289-M-I . 2 Malouf and Blue-Baron do business under different monikers, however pl eadings in this case show they operate in joint-venture from 3811 Turtle Creek Blvd ., Suit e 800, Dallas, Texas 75219; 214-969-7373 (Telephone); 214-969-7648 (Facsimile). (See ECF No. 21 19, p. 19.) The public corruption case c it ed above (USA v. Hill, eta/) was assigned to Judge Barbara M. G. Lynn who, just prior to her appointment, lead a team of lawyer-l ob byers at her firm (Carrington, Coleman, Sloman & Blumental, LLP) that succeeded in derailing federa l and state grand jury investigations into allegations that officers at Baron & 8udd, P.c. ("8&8 "), including Blue-Baron, had conspired in bribing/extorting judges with promises/t hr eats of employmentlunemployment as quid pro quo for the judges willfully abusing their judicial authority to aid and abet, under color of law , a corrupt B&B corporate policy to systematical1y suborn the perjury of thousands of witnesses in asbestos claims liti gation. The scheme devised by 8&8 's officers made their contingency- fee contracts valuable even when there was no legitimate underlying claim. AMICUS CURVE I NFORMATION REGARDING JUDGE W. ROYAl.. FURGESON, JR. Page 1 of 4

Upload: uncoverup

Post on 08-Oct-2014

9.599 views

Category:

Documents


4 download

TRANSCRIPT

Page 1: Case MDL No. 2119 Document 198 Filed 02/02/12

BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION

IN RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS (MERS) LITIGATION

MDL NO. 2119

AMICUS CURIJE INFORMATION REGARDING JUDGE W. ROYAL FURGESON, JR.

TO THE HONORABLE CHAIRMAN JOHN G. HEYBURN II, UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION ("JPML"):

At its meeting in Miami, Florida, on January 26, 2012, the JPML is scheduled to consider

a motion to transfer Dallas County, Texas v. MERSCORP, Inc. , et aI., C.A. No. 3:11-02733,

currently pending in the Northern District of Texas, to the District of Arizona. Roger K. Parsons,

amicus curire herein and resident of Dallas County, Texas, relates information showing grounds,

pursuant to 28 U.S.c. § 455, for sua sponte disqualification of Judge W. Royal Furgeson, Jr.

("Judge Furgeson") from any role in deciding the disposition of the motion to transfer this case.

INFORMATION

On the recommendation of Dallas County District Attorney Craig Watkins ("Watkins"),

Dallas County Commissioners contracted 1 Dallas-based lawyers Stephen F. Malouf ("Malouf')

and Lisa A. Blumenthal Baron ("Blue-Baron"/ to do work Watkins was elected and paid to do

and, in consideration for handling the case, assigned Malouf and Blue-Baron a 25% contingency­

fee interest in the proceeds of any settlement/judgment debt MERS may owe Dallas County.

1 Exhibit 1.0 is the contingency fee-contract Watkins "Recommended for Approval" by Commissioners' Court of Dallas County, Texas on September 20, 2011. Dallas County Commissioner John Wiley Price, who motioned the Commissioners ' Court for approval of Maloufs and Blue-Baron's contingency-fee contract is currently under investigation by federal authorities looking into allegations of public corruption. See Exhibit 2.0, "John Wiley Price Investigation : Commissioner Buys the Same Land Twice On the Same Day," Dallas Observer, June 29, 2011; and the proceedings in USA v. Hill, et ai, TXND Case No. 3 :07-cr-00289-M-l .

2 Malouf and Blue-Baron do business under different monikers, however pleadings in this case show they operate in joint-venture from 3811 Turtle Creek Blvd., Suite 800, Dallas, Texas 75219 ; 214-969-7373 (Telephone); 214-969-7648 (Facsimile). (See ECF No. 2119, p. 19.) The public corruption case cited above (USA v. Hill, et at) was assigned to Judge Barbara M. G. Lynn who, just prior to her appointment, lead a team of lawyer-lobbyers at her firm (Carrington, Coleman, Sloman & Blumental, LLP) that succeeded in derailing federal and state grand jury investigations into allegations that officers at Baron & Budd, P.C. ("B&B"), including Blue-Baron, had conspired in bribing/extorting judges with promises/threats of employment/unemployment as quid pro quo for the judges willfully abusing their judicial authority to aid and abet, under color of law, a corrupt B&B corporate policy to systematically suborn the perjury of thousands of witnesses in asbestos claims litigation . The scheme devised by B&B 's officers made their contingency-fee contracts valuable even when there was no legitimate underlying claim.

AMICUS CURIJE INFORMATION REGARDING JUDGE W. ROYAL FURGESON, JR. Page 1 of 4

Case MDL No. 2119 Document 198 Filed 02/02/12 Page 1 of 2

BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTlDISTRICT LITIGATION

IN RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS (MERS) LITIGATION

MDL NO. 21 19

AMICUS CURIIE INFORMATION REGARDING JUDGE W. ROYAL FURGESON, JR.

TO THE HONORABLE CHAIRMAN JOHN G. HEYBURN II , UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGA nON ("JPML"):

At its meeting in Miami, Florida, on January 26, 2012, the JPML is scheduled to consider

a motion to transfer Dallas County, Texas v. MERSCORP, inc. , et af., c.A. No. 3: 11-02733,

currently pending in the Northern District of Texas, to the District of Arizona. Roger K. Parsons,

amicus curia! herein and resident of Dallas County, Texas, relates infonnation showing grounds,

pursuant to 28 U.S.C. § 455, for sua sponte disqualification of Judge W. Royal Furgeson, Jr.

("Judge Furgeson") from any role in deciding the disposition of the motion to transfer this case.

INFORMATION

On the recommendation of Dallas County District Attorney Craig Watkins ("Watkins"),

Dallas County Commissioners contracted! Dallas-based lawyers Stephen F. Malouf ("Malouf')

and Lisa A. Blumenthal Baron ("Blue-Baron,,)2 to do work Watkins was elected and paid to do

and, in consideration for handling the case, assigned Malouf and Blue-Baron a 25% contingency­

fee interest in the proceeds of any settlement/judgment debt MERS may owe Dallas County.

I Exhibit 1.0 is the contingency fee-contract Watkins " Recommended for Approval" by Commissioners' Court of Dallas County, Texas on September 20, 2011. Dallas County Commissioner John Wiley Price, who motioned the Commissioners' Court for approval of Maloufs and Blue-Baron's contingency-fee contract is currently under investigation by federal authorities looking into allegations of public corruption. See Exhibit 2.0, "John Wiley Price Investigation: Commissioner Buys the Same Land Twice On the Same Day," Dallas Observer, June 29, 20 11 ; and the proceedings in USA v. Hill, el 01, TXND Case No. 3:07-cr-00289-M-I .

2 Malouf and Blue-Baron do business under different monikers, however pleadings in this case show they operate in joint-venture from 3811 Turtle Creek Blvd ., Suite 800, Dallas, Texas 75219; 214-969-7373 (Telephone); 214-969-7648 (Facsimile). (See ECF No. 21 19, p. 19.) The public corruption case cited above (USA v. Hill, eta/) was assigned to Judge Barbara M. G. Lynn who, just prior to her appointment, lead a team of lawyer-lobbyers at her firm (Carrington, Coleman, Sloman & Blumental, LLP) that succeeded in derailing federa l and state grand jury investigations into allegations that officers at Baron & 8udd, P.c. ("8&8"), including Blue-Baron, had conspired in bribing/extorting judges with prom ises/threats of employmentlunemployment as quid pro quo for the judges willfully abusing their judicial authority to aid and abet, under color of law, a corrupt B&B corporate policy to systematical1y suborn the perjury of thousands of witnesses in asbestos claims litigation. The scheme devised by 8&8's officers made their contingency-fee contracts valuable even when there was no legitimate underlying claim.

AMICUS CURVE INFORMATION REGARDING JUDGE W. ROYAl.. FURGESON, JR. Page 1 of 4

Page 2: Case MDL No. 2119 Document 198 Filed 02/02/12

Malouf and Blue-Baron have substantial business relations with D-II Industries, Inc.,

Asbestos Claims Trust ("DII") Executive Director Marcelene J. Malouf ("Malouf-Furgeson"),

who is Malouf's sister and "partner," and Judge Furgeson's wife. Exhibits 3.1-3.4 are Financial

Disclosure Reports for the calendar years 2007-2010 that Judge Furgeson certified pursuant to

the Ethics in Government Act of 1978 (5 U.S.C. app. §§101-111) declaring benefit of his

Malouf-Furgeson's unreported executive salary from DII and "partnership distributions" from

Malouf. As the former Corporate Secretary and Shareholder of Baron & Budd, P.C. ("B&B"),

Blue-Baron continues to receive distributions for contingency-fee assignments against asbestos

claims approved by DII Managing Director Malouf-Furgeson and "Advisory Committee"

Chairman Steve Baron, another B&B Shareholder.

REQUEST

Testimony in the Senate impeachment trial of District Court Judge G. Thomas Porteous3

showed that many federal judges justify willful blindness to using their judicial office to favor

their friends and families with the rationalization that "all federal judges do it." The undersigned

amicus curile relator of this information, requests that individual JPML members not allow their

friendships with Judge Furgeson, or any other member of the JPML, to influence their decisions

to enforce the public policy, codified as 28 U.S.C. § 455, against federal judges sitting in

judgment of cases in which they have a pecuniary interest.

Sincerely,

ROGER K. PARSONS 2720 K Avenue, Suite 700-739 Plano, Texas 75074-5342 Telephone: (214) 649-8059 Facsimile: (972) 296-2776 eMail: [email protected]

3 See http://www.c-spanclassroom.orgNideo/863/Impeachment+of+Judge+G+Thomas+Porteous.aspx

AMICUS CURVE INFORMATION REGARDING JUDGE W. ROYAL FURGESON, JR. Page 2 of 4

Case MDL No. 2119 Document 198 Filed 02/02/12 Page 2 of 2

Malouf and Blue-Baron have substantial business relations with 0-11 Industries, Inc.,

Asbestos Claims Trust ("OIl") Executive Director Marcelene J. Malouf ("Malouf-Furgeson"),

who is Maloufs sister and "partner," and Judge Furgeson's wife. Exhibits 3. 1- 3.4 are Financial

Disclosure Reports for the calendar years 2007-2010 that Judge Furgeson certified pursuant to

the Ethics in Government Act of 1978 (5 U.S.C. app. §§101 -111 ) declaring benefit of his

Malouf-Furgeson' s unreported executive salary from 011 and "partnership distributions" from

Malouf. As the former Corporate Secretary and Shareholder of Baron & Budd, P.C. ("B&B"),

Blue-Baron continues to receive distributions for contingency-fee assignments against asbestos

claims approved by 011 Managing Director Malouf-Furgeson and "Advisory Committee"

Chairman Steve Baron, another B&B Shareholder.

REQUEST

Testimony in the Senate impeachment trial of District Court Judge G. Thomas Porteous3

showed that many federal judges justify willful blindness to using their judicial office to favor

their friends and families with the rationalization that "all federal judges do it." The undersigned

amicus curire relator of this information, requests that individual JPML members not allow their

friendships with Judge Furgeson, or any other member of the JPML, to influence their decisions

to enforce the public policy, codified as 28 U.S.C. § 455, against federal judges sitting in

judgment of cases in which they have a pecuniary interest.

Sincerely,

ROGER K. PARSONS 2720 K Avenue, Suite 700-739 Plano, Texas 75074-5342 Telephone: (2 14) 649-8059 Facsimile: (972) 296-2776 eMai l: [email protected]

l See http: //www ,c-spanclassroom .orgIV ideo/863/Impeachment+of+ J udge+G+ Thomas+Porteous.aspx

AMICUS CURlfE INFORMATION REGARDING JUDGE W. ROYAl.. FURGESON, JR. Page 2 014

Page 3: Case MDL No. 2119 Document 198 Filed 02/02/12

2011 1589 ORDER NO.: ________ _

DATE: September 20. 2011

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

COURT ORDER

BE IT REMEMBERED. at a regular meeting of the Commissioners' Court of Dallas County, Texas, held

on September 20, 2011, on motion made by John Price Connn. of District 113 and

seconded by Dr. Elba Garcia, Connn. of District 114 , the following Order was adopted:

WHEREAS, Malouf & Nockels LLP ("the FIRM") has agreed to perform legal services for auy and all legal causes of action against Mortgage Electronic Registration Systems, Inc., to collect any monies owed to Dallas County, Texas as a result of mortgage fees not being paid to Dallas County, Texas for mortgages sold or assigned for property in Dallas County, Texas; aud

WHEREAS, the FIRM has agreed to the scope of services aud the specific terms as incorporated by reference outlined in the contingent fee for legal services contract.

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court authorize the attached contingent fee for legal services contract between Dallas County aud Malouf & Nockels LLP ("the FIRM"), and authorizes Dallas County Judge Clay Lewis Jenkins to sign such contract on behalf of Dallas County, Texas.

DONE IN OPEN COURT this the 20th

ohn'W ley Price, Comm. ·st. #3 /.,

cd,;f~~~ Dr. Elba Garcia, Comm. Dist. #4

RecommendeO,li-0val

'

.~--Gordtin . el . Chief, i II Division CrimiJ:\l District Attorney's Office

Case MDL No. 2119 Document 198-1 Filed 02/02/12 Page 1 of 6

2011 1589 ORDER NO.: ________ _

DATE: September 20. 2011

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

COURT ORDER

BE IT REMEMBERED. at a regular meeting of the Commissioners' Court of Dallas County, Texas, held

on September 20, 2011, on motion made by John Price Connn. of District 113 and

seconded by Dr. Elba Garcia, Connn. of District 114 , the following Order was adopted:

WHEREAS, Malouf & Nockels LLP ("the FIRM") has agreed to perform legal services for auy and all legal causes of action against Mortgage Electronic Registration Systems, Inc., to collect any monies owed to Dallas County, Texas as a result of mortgage fees not being paid to Dallas County, Texas for mortgages sold or assigned for property in Dallas County, Texas; aud

WHEREAS, the FIRM has agreed to the scope of services aud the specific terms as incorporated by reference outlined in the contingent fee for legal services contract.

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court authorize the attached contingent fee for legal services contract between Dallas County aud Malouf & Nockels LLP ("the FIRM"), and authorizes Dallas County Judge Clay Lewis Jenkins to sign such contract on behalf of Dallas County, Texas.

DONE IN OPEN COURT this the 20th

ohn'W ley Price, Comm. ·st. #3 /.,

cd,;f~~~ Dr. Elba Garcia, Comm. Dist. #4

RecommendeO,li-0val

'

.~--Gordtin . el . Chief, i II Division CrimiJ:\l District Attorney's Office

rkparsons
Typewritten Text
Exhibit 1.0, Page 1 of 6
rkparsons
Typewritten Text
Page 4: Case MDL No. 2119 Document 198 Filed 02/02/12

CONTINGENT FEE CONTRACT FOR LEGAL SERVICES

STATE OF TEXAS § §

COUNTY OF DALLAS §

This is a contingent fee contract for legal services ("CONTRACT") between the County of Dallas (the "COUNTY") and the law firm of Malouf & Nockels LLP ("the FIRM"), 3811 Turtle Creek Blvd., Suite 800, Dallas, Texas 75219.

1. Engagement. This CONTRACT sets forth the matters for which legal services are to be provided to County by the FIRM.

2. Scope of Engagement. COUNTY engages the FIRM as counsel to collect all claims of COUNTY against Mortgage Electronic Registration Systems, Inc., its affiliates, shareholders, and all persons acting in concert with them, in activities related to the recording or non-recording of documents related to promissory notes and/or mortgage obligations on real estate located in Dallas County, Texas. Services may include: (i) making a demand; (ii) preparing a complaint; (iii) prosecuting the action; (iv) online investigation; (v) enforcement of any judgment obtained, by levy, garnishment and other lawful judicial remedies; (vi) filing a proof of claim in any bankruptcy case; (vii) defending, any judicial lien against avoidance motions under 11 U.S.C. § 522(f), if a defense is warranted and economically practical in the FIRM's business judgment; and (viii) reporting significant developments to COUNTY.

of: 3. Attorney's Fees. In the event of recovery, COUNTY shall pay the FIRM the lesser

a. twenty-five percent of the COUNTY's recovery; or

b. the average of the percentage of a recovery to be paid as attorney's fees in contingency fee contracts of the ten (l0) most populous Texas counties being represented under contingency fee contracts for the same or similar claims.

If fewer than ten (10) Texas counties are being represented under contingency contracts for the same or similar claims, the percentage of recovery to be paid as attorney's fees by the COUNTY shall equal the average of the percentage of recovery to be paid as attorney's fees in contingency contracts for all Texas counties represented in such action(s) on a contingency fee.

Notwithstanding anything to the contrary herein, the percentage of recovery to be paid by COUNTY as attorney's fees shall not exceed the lowest percentage of recovery to be paid as attorney's fees by any other Texas county the FIRM may represent.

4. Retention of Other Counsel. COUNTY agrees that the FIRM may from time to time retain other attorneys to assist in the matters contemplated herein. Provided, the FIRM

I

Case MDL No. 2119 Document 198-1 Filed 02/02/12 Page 2 of 6

CONTINGENT FEE CONTRACT FOR LEGAL SERVICES

STATE OF TEXAS § §

COUNTY OF DALLAS §

This is a contingent fee contract for legal services ("CONTRACT") between the County of Dallas (the "COUNTY") and the law firm of Malouf & Nockels LLP ("the FIRM"), 3811 Turtle Creek Blvd., Suite 800, Dallas, Texas 75219.

1. Engagement. This CONTRACT sets forth the matters for which legal services are to be provided to County by the FIRM.

2. Scope of Engagement. COUNTY engages the FIRM as counsel to collect all claims of COUNTY against Mortgage Electronic Registration Systems, Inc., its affiliates, shareholders, and all persons acting in concert with them, in activities related to the recording or non-recording of documents related to promissory notes and/or mortgage obligations on real estate located in Dallas County, Texas. Services may include: (i) making a demand; (ii) preparing a complaint; (iii) prosecuting the action; (iv) online investigation; (v) enforcement of any judgment obtained, by levy, garnishment and other lawful judicial remedies; (vi) filing a proof of claim in any bankruptcy case; (vii) defending, any judicial lien against avoidance motions under 11 U.S.C. § 522(f), if a defense is warranted and economically practical in the FIRM's business judgment; and (viii) reporting significant developments to COUNTY.

of: 3. Attorney's Fees. In the event of recovery, COUNTY shall pay the FIRM the lesser

a. twenty-five percent of the COUNTY's recovery; or

b. the average of the percentage of a recovery to be paid as attorney's fees in contingency fee contracts of the ten (l0) most populous Texas counties being represented under contingency fee contracts for the same or similar claims.

If fewer than ten (10) Texas counties are being represented under contingency contracts for the same or similar claims, the percentage of recovery to be paid as attorney's fees by the COUNTY shall equal the average of the percentage of recovery to be paid as attorney's fees in contingency contracts for all Texas counties represented in such action(s) on a contingency fee.

Notwithstanding anything to the contrary herein, the percentage of recovery to be paid by COUNTY as attorney's fees shall not exceed the lowest percentage of recovery to be paid as attorney's fees by any other Texas county the FIRM may represent.

4. Retention of Other Counsel. COUNTY agrees that the FIRM may from time to time retain other attorneys to assist in the matters contemplated herein. Provided, the FIRM

I

rkparsons
Typewritten Text
Exhibit 1.0, Page 2 of 6
Page 5: Case MDL No. 2119 Document 198 Filed 02/02/12

agrees that any such aSSOCIatIOn will be without additional cost to the COUNTY. Section 1.04(f)(2) of the Texas Disciplinary Rules of Professional Responsibility CTDRPR") requires that the FIRM secure the COUNTY's consent to the association of other firms to assist the FIRM and also consent to the basis upon which the FIRM and these firms shall divide any fee that may be paid by the COUNTY.

In compliance with section 1.04(f)(2), the FIRM hereby discloses to the COUNTY that the FIRM has requested the following firms associate with the FIRM in pursuing the action contemplated herein, subject to the consent of the COUNTY:

BARON & BLUE

KAESKE LAW FIRM

THE LAW OFFICES OF TERRI MOORE

BARBARA RADNOFSKY

MARKWHlTE

Also in compliance with section 1.04(f)(2), the FIRM hereby discloses that any attorney's fees paid by COUNTY shall be allocated amongst the FIRM and these firms and attorney's based upon the proportion of services performed, using as a basis for such determination the estimated hours spent by attorneys and paralegals in each firm; any exceptional contribution( s) made; the extent to which a firm has advanced expenses; and the relative responsibilities assumed by each firm.

The FIRM further agrees that it will seek and secure the consent of the Dallas County District Attorney prior to the association of any other counseL Such notice shall be in compliance with Section 1.04(f) of the Texas Disciplinary Rules of Professional Conduct. The FIRM also agrees to and shall notify the D'allas County Commissioners' Court of any intention to associate any additional counseL

In the event this action is consolidated in any manner with any other action, such as an MDL, whether state or federal, the FIRM agrees that insofar as attorney's fees are determined by the court, the FIR,\Il shall be bound by any such judicial determination.

5. Lead Counsel: At all times, Malouf & Nockels, LLP shall be lead counsel in any litigation brought pursuant hereto.

6. Expenses. The firms identified herein agree to advance the expenses of litigation determined by the firms to be reasonable and necessary. The COUNTY agrees that it will only reimburse the firms for such expenses if the percentage of recovery to paid as attorney's fees pursuant to the terms of this CONTRACT is 19% or less.

2

Case MDL No. 2119 Document 198-1 Filed 02/02/12 Page 3 of 6

agrees that any such aSSOCIatIOn will be without additional cost to the COUNTY. Section 1.04(f)(2) of the Texas Disciplinary Rules of Professional Responsibility CTDRPR") requires that the FIRM secure the COUNTY's consent to the association of other firms to assist the FIRM and also consent to the basis upon which the FIRM and these firms shall divide any fee that may be paid by the COUNTY.

In compliance with section 1.04(f)(2), the FIRM hereby discloses to the COUNTY that the FIRM has requested the following firms associate with the FIRM in pursuing the action contemplated herein, subject to the consent of the COUNTY:

BARON & BLUE

KAESKE LAW FIRM

THE LAW OFFICES OF TERRI MOORE

BARBARA RADNOFSKY

MARKWHlTE

Also in compliance with section 1.04(f)(2), the FIRM hereby discloses that any attorney's fees paid by COUNTY shall be allocated amongst the FIRM and these firms and attorney's based upon the proportion of services performed, using as a basis for such determination the estimated hours spent by attorneys and paralegals in each firm; any exceptional contribution( s) made; the extent to which a firm has advanced expenses; and the relative responsibilities assumed by each firm.

The FIRM further agrees that it will seek and secure the consent of the Dallas County District Attorney prior to the association of any other counseL Such notice shall be in compliance with Section 1.04(f) of the Texas Disciplinary Rules of Professional Conduct. The FIRM also agrees to and shall notify the D'allas County Commissioners' Court of any intention to associate any additional counseL

In the event this action is consolidated in any manner with any other action, such as an MDL, whether state or federal, the FIRM agrees that insofar as attorney's fees are determined by the court, the FIR,\Il shall be bound by any such judicial determination.

5. Lead Counsel: At all times, Malouf & Nockels, LLP shall be lead counsel in any litigation brought pursuant hereto.

6. Expenses. The firms identified herein agree to advance the expenses of litigation determined by the firms to be reasonable and necessary. The COUNTY agrees that it will only reimburse the firms for such expenses if the percentage of recovery to paid as attorney's fees pursuant to the terms of this CONTRACT is 19% or less.

2

rkparsons
Typewritten Text
Exhibit 1.0, Page 3 of 6
Page 6: Case MDL No. 2119 Document 198 Filed 02/02/12

7. Modifying the Engagement. Neither the FIRM nor the COUNTY may unilaterally modify or amend the CONTRACT from what is set out in the CONTRACT. If the FIRM determines that the scope of the CONTRACT needs to be modified or amended, the FIRM must notify the COUNTY and submit an amended proposal for written approval. No work will be done on a modified or amended engagement unless the modification or amendment has been approved by the COUNTY.

8. Communication with the COUNTY. The Dallas County District Attorney shall be copied on written communications between the firms identified herein and adverse parties. The FIRM shall also from time to time provide the Dallas County District Attorney with updates on the status of any litigation contemplated herein and copy any such update to the manager of the Dallas Commissioners' Court Administrative Office. Such updates shall be provided when the FIRM believes an event has occurred which should be brought to the attention of the Dallas County District Attorney or the Dallas County Commissioners' Court. Provided, the FIRM shall provide a status report at time it may be requested to do so by either Dallas County District Attorney or the Dallas County Commissioners' Court. It is expressly understood and agreed that any such communications are subject to the attorney-client and attorney work-product privileges and shall not be disclosed to any person without the express approval of the Dallas County Commissioners' Court. Accordingly all memoranda and opinions submitted to the C01JNTY will contain conspicuous notice that the writing is protected under those privileges.

9. No Guaranties of Outcome. Nothing in this Agreement, and no statement made to COUNTY before or after this Agreement is signed, is intended as a promise or guaranty of collection. Any comments by the FIRM regarding potential outcome are expressions of opinion only.

10. Compliance with Applicable Law. The FIRM is expected to assist the C01JNTY in complying with all applicable laws and regulation. The FIRM agrees to notify the COUNTY if the FIRM believes the COUNTY has violated an applicable law in the course of a matter so that COUNTY may have a chance to cure the defect.

1 I. Monitoring of Matters. All matters will be actively monitored by the COUNTY. The FIRM agrees upon engagement to identify the legal issues and defenses raised by the case or transaction as well as research that might be required. The FIRM agrees to update this information periodically or when asked by COUNTY to do so.

12. Litigation Practices. No appeals of any case may be taken without the written approval of the District Attorney. Except for formal discovery, no information or photocopies should be released from the COUNTY files to any litigant or other third party without a subpoena. Opportunities for settlement or for alternative dispute resolution should be identified early in the litigation and given serious consideration. Settlement of all or any of the matters related to the CONTRACT is subject to the written consent of a majority of a quorum of the Commissioners' Court.

3

Case MDL No. 2119 Document 198-1 Filed 02/02/12 Page 4 of 6

7. Modifying the Engagement. Neither the FIRM nor the COUNTY may unilaterally modify or amend the CONTRACT from what is set out in the CONTRACT. If the FIRM determines that the scope of the CONTRACT needs to be modified or amended, the FIRM must notify the COUNTY and submit an amended proposal for written approval. No work will be done on a modified or amended engagement unless the modification or amendment has been approved by the COUNTY.

8. Communication with the COUNTY. The Dallas County District Attorney shall be copied on written communications between the firms identified herein and adverse parties. The FIRM shall also from time to time provide the Dallas County District Attorney with updates on the status of any litigation contemplated herein and copy any such update to the manager of the Dallas Commissioners' Court Administrative Office. Such updates shall be provided when the FIRM believes an event has occurred which should be brought to the attention of the Dallas County District Attorney or the Dallas County Commissioners' Court. Provided, the FIRM shall provide a status report at time it may be requested to do so by either Dallas County District Attorney or the Dallas County Commissioners' Court. It is expressly understood and agreed that any such communications are subject to the attorney-client and attorney work-product privileges and shall not be disclosed to any person without the express approval of the Dallas County Commissioners' Court. Accordingly all memoranda and opinions submitted to the C01JNTY will contain conspicuous notice that the writing is protected under those privileges.

9. No Guaranties of Outcome. Nothing in this Agreement, and no statement made to COUNTY before or after this Agreement is signed, is intended as a promise or guaranty of collection. Any comments by the FIRM regarding potential outcome are expressions of opinion only.

10. Compliance with Applicable Law. The FIRM is expected to assist the C01JNTY in complying with all applicable laws and regulation. The FIRM agrees to notify the COUNTY if the FIRM believes the COUNTY has violated an applicable law in the course of a matter so that COUNTY may have a chance to cure the defect.

1 I. Monitoring of Matters. All matters will be actively monitored by the COUNTY. The FIRM agrees upon engagement to identify the legal issues and defenses raised by the case or transaction as well as research that might be required. The FIRM agrees to update this information periodically or when asked by COUNTY to do so.

12. Litigation Practices. No appeals of any case may be taken without the written approval of the District Attorney. Except for formal discovery, no information or photocopies should be released from the COUNTY files to any litigant or other third party without a subpoena. Opportunities for settlement or for alternative dispute resolution should be identified early in the litigation and given serious consideration. Settlement of all or any of the matters related to the CONTRACT is subject to the written consent of a majority of a quorum of the Commissioners' Court.

3

rkparsons
Typewritten Text
Exhibit 1.0, Page 4 of 6
Page 7: Case MDL No. 2119 Document 198 Filed 02/02/12

13. Defensive Litigation Matters. The FIRM agrees to notify the Dallas District Attorney immediately of any claims, counterclaims, or litigation against the COUNTY in connection with any case the FIRM is handling as counsel for the COUNTY. The FIRl\1 agrees never to accept service on behalf ofthe COUNTY.

14. Waiver of Conflicts. Conflicts of interest may only be waived III writing by approval of the Dallas County Commissioners' Court.

15. Media Inquiries. The FIRM agrees on behalf of itself and any other attorneys or firms it may associate hereunder to refer all media inquiries to a person or persons designated by the County, through the District Attorney's Office, and to otherwise respond to any media inquiries by stating only that "we have no comment on pending litigation."

16. Venue. Venue for the enforcement of any disputes related to this CONTRACT shall be in Dallas County, Texas.

17. Commissioners' Court. This CONTRACT is subject to approval by the Dallas County Commissioners' Court.

18. Attorney's Fees. Attorney's fees are recoverable III an action to enforce this CONTRACT.

19. If at any time the FIRM concludes that it cannot continue pursuit of the litigation contemplated herein, the COUNTY expressly agrees that the FIRM and any firms it may have associated may withdraw as counsel. In that event, no fee shall be due but expenses will be reimbursed on the same terms as if the firms had continued, i.e., if the COUNTY pays 20% or more as fees to successor counsel, the COUNTY shall owe no expenses to the FIRl\1 or associated firms.

20. Notice to Clients. The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar's Office of Chief Disciplinary Counsel will provide you with information about how to file a complaint. Please call 1-800-932-1900 toll-free for more information.

4

Case MDL No. 2119 Document 198-1 Filed 02/02/12 Page 5 of 6

13. Defensive Litigation Matters. The FIRM agrees to notify the Dallas District Attorney immediately of any claims, counterclaims, or litigation against the COUNTY in connection with any case the FIRM is handling as counsel for the COUNTY. The FIRl\1 agrees never to accept service on behalf ofthe COUNTY.

14. Waiver of Conflicts. Conflicts of interest may only be waived III writing by approval of the Dallas County Commissioners' Court.

15. Media Inquiries. The FIRM agrees on behalf of itself and any other attorneys or firms it may associate hereunder to refer all media inquiries to a person or persons designated by the County, through the District Attorney's Office, and to otherwise respond to any media inquiries by stating only that "we have no comment on pending litigation."

16. Venue. Venue for the enforcement of any disputes related to this CONTRACT shall be in Dallas County, Texas.

17. Commissioners' Court. This CONTRACT is subject to approval by the Dallas County Commissioners' Court.

18. Attorney's Fees. Attorney's fees are recoverable III an action to enforce this CONTRACT.

19. If at any time the FIRM concludes that it cannot continue pursuit of the litigation contemplated herein, the COUNTY expressly agrees that the FIRM and any firms it may have associated may withdraw as counsel. In that event, no fee shall be due but expenses will be reimbursed on the same terms as if the firms had continued, i.e., if the COUNTY pays 20% or more as fees to successor counsel, the COUNTY shall owe no expenses to the FIRl\1 or associated firms.

20. Notice to Clients. The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar's Office of Chief Disciplinary Counsel will provide you with information about how to file a complaint. Please call 1-800-932-1900 toll-free for more information.

4

rkparsons
Typewritten Text
Exhibit 1.0, Page 5 of 6
Page 8: Case MDL No. 2119 Document 198 Filed 02/02/12

AGREED AND APPROVED:

For: Malouf & Nockels LLP

By.' hief, Civil Division

Dallas County District Attorney's Office Attorney for Dallas County

ewis Jenkins, ounty Judge County, Tex s

Date

Date

September 20, 2011 Date

5

Case MDL No. 2119 Document 198-1 Filed 02/02/12 Page 6 of 6

AGREED AND APPROVED:

For: Malouf & Nockels LLP

By.' hief, Civil Division

Dallas County District Attorney's Office Attorney for Dallas County

ewis Jenkins, ounty Judge County, Tex s

Date

Date

September 20, 2011 Date

5

rkparsons
Typewritten Text
Exhibit 1.0, Page 6 of 6
Page 9: Case MDL No. 2119 Document 198 Filed 02/02/12

John Wiley PriceInvestigation:Commissioner Buysthe Same Land TwiceOn the Same DayBy Jim Schutzepublished: Wed., Jun. 29 2011 @ 5:48PM

Photo by Alex ScottJohn Wiley Price at attorney Billy Ravkind's office Monday afternoonThe story of Dallas County Commissioner John Wiley Price runs deep. The FBI's investigation of Pricewill carry the feds back into local ancient history, according to the documents on my desk.

Before the feds are done they'll be looking at everybody from recently slain Dallas police Officer NormSmith to the late Jack Madera, who ran the commissary at the county jail, all the way back to DannyFaulkner, the illiterate house-painter who rose to the top of the local business pyramid in the 1980sbefore being sent to prison.

If nothing else, the documents tell a story that gives interesting flavor and context to thecommissioner's current imbroglio. And before I go farther, let me hasten to say that the role of NormSmith, a revered martyr, was innocent and for the good.

According to the county land records I'm looking at, Dallas County Commissioner John Wiley Pricebought nine acres of land on Grady Niblo Road near Mountain Creek Lake in far southwest Dallas

Case MDL No. 2119 Document 198-2 Filed 02/02/12 Page 1 of 3

rkparsons
Typewritten Text
Exhibit 2.0, Page 1 of 3
Page 10: Case MDL No. 2119 Document 198 Filed 02/02/12

from a man named Wayne White on September 3, 2002.

But here's the curious thing. On that very same day he bought the very same land from his ownadministrative assistant, Dapheny Fain.

Wait. How can you buy the same land from two different people on the same day? That's the question.Earlier today I left messages by phone and by email with both Price and Fain and did not hear backfrom them personally. I did speak with attorneys for both.

Price's criminal attorney, Bill Ravkind, told me he has "more than two" CPAs combing through all ofthe commissioner's real estate transactions over the years. He said he is not able to address questionsabout any specific transactions yet.

I spoke with Wayne White, who sold the land to Price, and I can understand why Ravkind might wantto take his time unraveling this and other deals the commissioner has been involved in.

White is an antiques dealer who once rented space from Danny Faulkner, a legendary figure in thehistory of Dallas real estate and banking scams. Faulkner was released from prison in 1998 sufferingfrom what was supposed to have been inoperable brain cancer, now in remission. He had served threeyears and 11 months of a 20-year federal sentence for stealing $100 million from five savings andloans.

Not long after his release, Faulkner was back in business, renting space on Highway 80 east of town toWhite.

"The way I met John Wiley Price," White told me, "I was renting a building from Danny, sellingantiques, and John Wiley pulled up one day. I was playing dominoes with Danny, and I said, 'Hey, Idon't want this scumbag coming in my shop.'

"Danny said, 'Oh, you're supposed to be a Christian, Wayne?' I said, 'I am, but this guy's nothing buttrouble, Danny.' He said, 'Oh, he's a pretty nice guy.'

"So John came in there. Danny's stupid. He said, 'Oh, you know what Wayne did when you pulled up?'He [Price] said, 'Well, when you get to know me, I think you'll change your mind.'

"So he [Price] was real nice, coming out to my shop on Sundays, talking to me and playing dominoeslike that, but his whole motive was to get the land."

White says his understanding was that Faulkner was under court order to sell land as part of hisrestitution requirement in the federal case. I have a document showing Faulkner sold the property inquestion on Niblo Road to White in March 1999.

But now the cast of characters comes into play. White says Price wanted his land, but he wanted Whiteto sell the land to the late Jack Madera, who operated jailhouse food concessions all over Texas.Former Dallas County Sheriff Jim Bowles bit the political dust in 2007 over gifts he had received fromMadera when Madera was running the Dallas County jail concession.

"He [Price] wanted me to sell that land to him [Price], and he wanted me to put it in a guy named JackMadera's name."

White says his friend, Officer Smith told him to steer clear: "A friend of mine, Norm Smith, who gotkilled, a police friend, said, 'Man, don't sell anything to Jack Madera. He's in charge of the commissarydown at the jail.'

"I said [to Price], 'I ain't selling it to that guy. I don't know him, and if you're buying it, you're buyingit."

Case MDL No. 2119 Document 198-2 Filed 02/02/12 Page 2 of 3

rkparsons
Typewritten Text
Exhibit 2.0, Page 2 of 3
Page 11: Case MDL No. 2119 Document 198 Filed 02/02/12

White says Price backed off for a while but then came back again and again, pressuring White to sell."I bought it from Faulkner, and I was trying to keep it. But Price wanted it for himself."

White says Price played White off against White's ex-wife, who co-owned the land with him. "He wentthrough a three-year, four-year harassment, trying to get us to sell it, either by telling my ex-wife, 'I'mworried about Wayne, he might sell the property,' and telling me the same thing about her."

I asked White why he finally sold to Price.

"This guy's a scumbag with all kinds of pressure he can put on you," White said. "It will all come outwhat kind of person he is. He's just a con man. The only thing I want to say for him, you can print it,he's a Chicago politician in Texas."

I asked White if he had any idea why or how a recorded Dallas County deed had come into beingshowing his property as being conveyed from Dapheny Fain, Price's county administrative assistant, toPrice, when White had sold the land directly to Price that same day.

"Same way those car titles did, I guess," he said, referring to a series of questionable car purchases byPrice that have been in the news. "I guess he has some way of doing it like he did those car titles.

"The only thing I can tell you is, I don't know how he did, how he was able to. He did it."

Ravkind, Price's attorney, told me today: "We are having forensic people that I am paying for gothrough every one of his real estate transactions from start to finish to determine what they were, whowas involved, how much money was involved, was it properly handled or any other question you canask. I don't know the answer to that yet. I know what the explanations are. That's what we are doing aswe speak."

I also spoke with Tom Mills, attorney for Dapheny Fain, who said that he was engaged in research aswell and would not comment until that work was completed.

(One thing Ravkind's "forensic people" will likely be dealing with also is the more than $100,000 incash FBI agents removed from a safe in Price's home, according to this story on NBC DFW, Channel5.)

Wayne White Land Transaction With JWP

Case MDL No. 2119 Document 198-2 Filed 02/02/12 Page 3 of 3

rkparsons
Typewritten Text
Exhibit 2.0, Page 3 of 3
Page 12: Case MDL No. 2119 Document 198 Filed 02/02/12

Case MDL No. 2119 Document 198-3 Filed 02/02/12 Page 1 of 8

AO 10 Rev. 112008

FINANCIAL DISCLOSURE REPORT FOR CALENDAR YEAR 2007

I. Person Reporting (last name, first, middle initial) 2. Court or Organization

Furgeson, William R US DC/Texas Westem

4. Title (Article III judges indicate active or senior status; Sa. Report Type (check appropriate type) magistrate judges indicate full~ or part-time)

D Nomination, Date

active-Article III Judge D Initial [Z] Annual

5b. D Amended Report

0 Final

Report Required by the Ethics in Government Act of I 978 (5 US.C app. §.Ii 101-IIJ)

3, Date of Rcport

05/0112008

6, Reporting Period

0110112007 to

12/3112007

7. Chambers or Office Address 8. On the basis of the information contained in this Report and any modifications pertaining thereto, it is, in my opinion, in compliance

655 E. Durango with applicable laws and regulations.

Courtroom Four San Antonio, TX 78206

Reviewing Officer Date

IMPORTANT NOTES: The instructions accompanying this form must befollowed. Complete all parts, checking the NONE box for each part where you have no reportable information, Sign on last page.

I. POSITIONS. (Reporting individual only; see pp. 9-13 oj Jiling instructions.)

D NONE (No reportable positions.)

POSITION NAME OF ORGANIZATION/ENTITY

1. Member, Board of Directors Federal Judges Association

2. Member, Council Litigation Section of the State Bar of Texas

3. Member, Committee Law Related Education, State Bar of Texas

4.

5.

....... ~::J = c::::> :::0 (/) ex:>

(J 3: I'T1 '"TJ ;:p-o- -< (") (/)2: c» I rn ::;0 ::z: 00 -m() < OJ> 1) '1, rr1 .,

r:-:> ~ ("')

PARTIES AND TERMS m .t:

II. AGREEMENTS. (Reportillg individual ollly; see pp. 14-16 of Jiling illstruetions.)

[Z] NONE (No reportable agreements.)

C)

1.

2.

3.

rkparsons
Typewritten Text
Exhibit 3.1, Page 1 of 8
Page 13: Case MDL No. 2119 Document 198 Filed 02/02/12

Case MDL No. 2119 Document 198-3 Filed 02/02/12 Page 2 of 8

FINANCIAL DISCLOSURE REPORT Page 2 of 8

Name of Person Reporting

Furgeson, William R

III. NON-INVESTMENT IN COME. (Reporting individual and spouse; see pp. 17-24 of filing instructions.)

A. Filer's Non-Investment Income

[Z] NONE (No reportable non-investment income.)

SOURCE AND TYPE

1.

2.

3.

4.

B. Spouse's Non-InvestInent Incolne - If you were married during any portion of the reporting year, complete this section.

(Dollar amount not required excepr.tor honoraria.)

o NONE (No reportable non-investment income.)

SOURCE AND TYPE

1. 2007 OIl Asbestos Trust - Salary

2.2007 Law Offices of Stephen Malonf - Partnership Distribution

3.

4.

IV. REIMBURSEMENTS -- transportation, lodging,food, entertainment.

(includes those to spouse and dependent children; see pp. 25-27 of.filing instructions.)

o NONE (No reportable reimbursements.)

Date of Report

05/0112008

INCOME (YOllfS, not spouse's)

SOURCE DATES LOCATION PURPOSE ITEMS PAID OR PROVIDED

1.

2.

4.

5.

State Bar of Texas

Litigation Section, State Bar of Texas

Texas Bar CLE, State Bar of Texas

Texas Bar CLE, State Bar of Texas

State Bar of Texas

01/0512007 Austill, TX

02115-02116/<)7 Dallas, TX

03/0112007 Houston, TX

03/30-03/31/<)7 Dallas, TX

06/21-06/22/1)7 San Antonio, TX

Professional Assoc.

Meeting, Prof. Assoc.

Professional Assoc

Professional Assoc

Profes,\onal Assoc.

Car rental, mileage

Airfare, car rental

Airfare

Airfare

Miscellaneous meals

rkparsons
Typewritten Text
Exhibit 3.1, Page 2 of 8
Page 14: Case MDL No. 2119 Document 198 Filed 02/02/12

Case MDL No. 2119 Document 198-3 Filed 02/02/12 Page 3 of 8

FINANCIAL DISCLOSURE REPORT Page 3 of 8

Name of Person Reporting

Furgeson, William R

v. G IFr-rS. (Includes those to spouse and dependent children; see pp. 28-31 of filing illstructions.)

[2J NONE (No reportable gifts.)

SOURCE DESCRIPTION

1.

2.

3.

4.

5.

VI. LIABILITIES. (Includes those ojspouse und dependent children; see 1'1'.32-33 ojjiling instructions.)

o NONE (No reportable liabilities.)

CREDITOR DESCRIPTION

1. USAA Credit card

2.

3.

4.

5.

Date of Report

05/01/2008

VALUE

VALUE CODE

rkparsons
Typewritten Text
Exhibit 3.1, Page 3 of 8
Page 15: Case MDL No. 2119 Document 198 Filed 02/02/12

Case MDL No. 2119 Document 198-3 Filed 02/02/12 Page 4 of 8

FINANCIAL DISCLOSURE REPORT Page 4 of 8

Name of Person Reporting

Furgeson, William R

Date of Report

05/0112008

VII. INVESTMENTS and TRUSrrS -- income, value, transactions (lnc/udes those oJ spouse and dependent children; see 1'1'.34-60 oJliling instructions.)

NONE (No reportable income, assets, or transactions.)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

-----_. __ ._----A.

Description of Assets

(including trust assets)

Place "(X)" after each asset

exempt from prior disclosure

Wells Fargo Bank Acct.-Judge

USAA Brokerage Svc. Accl. #2-wife

-Tax Exempt Intermed.-Telm Fund

-Tax Exempt Money Mkt. Fund

-Tax Exempt Shol1-Tenll Fund

-Value Fund

USAA Bank Acct.-Judge,

Trust Account #1-_

-USAA GNMA Trust (misidentified as USAA Delayed Quote 2003)

-USAA Growth & Income Fund

-USAA Income Fund

-USAA Intermed.=Term Bond Fund

-USAA Mnoey Market Fund

-USAA S&P 500 Ind. Fund Mem.Sh.

-USAA Short-Term Bond Fund

-USAA High Yield Opportunities Flmd

Trust Account #2-_

~ .. ~-

: 1 Income Gain Codes

! (See Columns B1 and D4)

2. Value Codes

(See Columns Cl and D3)

A 0::$1,000 or less

F ~$SO.OOt . $tOO,OOO

J :::$15,000 or less

N ~$2S0.001 - $SOO.OOO

B.

Income during

reporting period

(I) 1 (2)

Amount I Type (e.g., Code I div., rent,

(A-H) 1.. or int.)

A Interest

A Dividend

A Interest

A Dividend

A Dividend

None

A Dividend

A Dividend

A Dividend

B Dividend

A Interest

A Dividend

A Dividend

A Dividend

[ -e,---r

~I Gross value at end of .i

reporting period \

v~~~e-TI ~~~;leli--T-y-p~-\-)eg. Code 2 Method I buy, seli,

(J-P) I Code 3 redemption)

I (Q-W) I

J T

Sold

J T

Sold

Sold

J T

J T

K T

J T

K T

J T

K T

L T

J T

B ~$t.OOt ·52.S00 C 42.501 . $5.000

G ~$tOO.OOt . $I.OIJO.OOO

K~$IS.OOt ·SSO.OOO

o ~$500.00t SI.OOO.OOO

III ~$I.OOO.OOt S5.000.000

L ~$50.00 t . $100.000

3 Yalue Method Codes

P3 ~$2S.000.001 $SO.OOO.OOO

Q :::Appraisal R ::::Cost (Real Estate Only)

V =Other

Pi 41.000.001· SS.OOO.OOO

P4 :::Molc than SSO,OOO,CX){)

S =Assessmcnt

U ""Book Value W =Estimatcd

~---~-~,~-----

Transactions duri~g reporting period I (2)

Date

Month -

Day

-,-----:-~, --, ... _.- -\

I v~;le II ~:;n Ide~~;y of I

I Code 2 Code I buyerlseller I

(J-P) I (A-H) (if private~ I transactiOn)

----'------'_._--------._._-

03/31 J A

03131 J A

03131 J A

D~$5.00I· 11S,000

H2 =More than $S,O(X)'()CX)

M ~$tOO.OOI . $250.000

P2 ~5S.000'<Xll $2S.000.000

T :::Cash Market

E ~$t5.00i . $SO,OOO

rkparsons
Typewritten Text
Exhibit 3.1, Page 4 of 8
Page 16: Case MDL No. 2119 Document 198 Filed 02/02/12

Case MDL No. 2119 Document 198-3 Filed 02/02/12 Page 5 of 8

FINANCIAL DISCLOSURE REPORT Page 5 of 8

Name of Person Reporting

Furgeson, William R

Date of Report

05/0112008

VII. INVESTMENTS and TRUSTS " iI/come, value, transactiolls (II/eludes those of spouse al/d depen<iel/t childrell; see 1'1'.34.60 of filillg illstruetiolls.)

o NONE (No reportable income, assets, or transactions.)

A. ·r---B.~-"'-'

Gross val~e at end of I

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

Description of Assets

(including trust assets)

Place "(X)" after each asset

exempt from prior disclosure

·USAA GNMA Trust (misidentified as USAA Delayed Quote·20(3)

·USAA Growth & Income Fund

--USAA Income Fund

·USAA Intermed.·Tenn Bod Fund

·USAA Money Market Fund

·USAA S&P 500 Ind. Fnd. Mem.Sh.

·USAA Short· Term Bond Fund

Trust Account #3._

·Am. Mutual Fund, Inc.

. Income Fund of America, Inc.

·Wash.Mutual Inv. Fund, Inc.

Enterprise Prod. Ptrs.

Exxon Mobile

Trust #4._

·AmeLMutual Fund, Inc.

·Income Fund of America, Inc.

·Wash.Mutual Inv. Fund, Inc.

r-~~~e Gair~-Co~i~~-- A =$i,OOOor less

i (See Columns B I and D4)

1 1. Value Codes

r (See Columns C1 and D3)

F ~$50,OOl . $100,000

J =$1S,000 or less

N e$250.001 . $500,000

I Income during

I'.(:rrlm~ pe;~~d _.-

Amount Type (e.g .. Code I I

I (A'H)_, __ ~~~~~;t' .

reporting period I

'---I'-'~--' (I) (2) (I)

Value Value Type (e.g.,

CO(:Je 2 . Method I buy, sell,

(l·P) Code 3 I redemption) J ... _ ~W)_L..... .. ~~. __

A Dividend K T

A Dividend K T

A Dividend K T

A Dividend L T

A Interest J T

A Dividend K T

A Dividend M T

A Dividend J T

A Dividend K T

A Dividend J T

A Dividend J T

A Dividend J T

A Dividend J T

A Dividend K T

A Dividend J T

B ~$t.OOI . $2,500 C e$2,50 I . $5,000

G 4100.001· $1,000,000

K e$15,001 . $50.000

o ~$500,001 . $1,000,000

HI e$l.ooo.OOI . $5,000,000

L e$50,00 I . $100.000

13_(~:~I~~~~~~~~~dCS P3 ~$25,000,001 $50,CXlO.tXX)

Q =Appraisal R ~ost (Real Estate Only)

V::::Othel

PI e$I,OOO,OOI . $5.000.tXlO

P4 =More than $SO,(X)(),OOO

S =Assessment

W::::Estimated U =Book Value

D.

Transactions during reporting period

(2) I (3) (4)

Date I Value I Gain Month· I Code 2 I Code 1

Day I (l·P) . (A·H) I I

D e$5,001 . $15.000

H2 =MI)rc than $S,OOO,o....'1O

M ~$IOO.OOI $250,000

PI e$5,000,001 . $25,000,000

T ::::Cash Market

~-l Identity of I

buyer/seller I (if private i

transaction) ,~

E e$15.tlOl $50.000

rkparsons
Typewritten Text
Exhibit 3.1, Page 5 of 8
Page 17: Case MDL No. 2119 Document 198 Filed 02/02/12

Case MDL No. 2119 Document 198-3 Filed 02/02/12 Page 6 of 8

Name of Person Reporting Date of Report FINANCIAL DISCLOSURE REPORT Page 6 of 8 Furgeson, William R 05/0112008

VII. INVESTMENTS and TRUSTS .. income, value, transactions (Includes those of spouse and dependellt childrell; see pp. 34·60 of filing illstructions.)

o NONE (No reportable income, assets, or transactions.)

A. c--- ----r------ D--·-·····--l

Gross value at end of \ TransactIOns dUring reporting period I

reportmg penod -t J (I) - (2) -- I --(-1)-1(2)10)'- -0lT-'~~(S)-

Value Value I Type (e g. ! Date I';alue Gam Idenlltyof

Code 2 Met~hOd buy, sell, I Month· Code 2 Code I buyer/seller (l·P) Code 3 redemptiOn) Day (l·P) (A·H) (If pnvate

(Q-W) transactiOn) - - -------

Description of Assets

'-~I-' B.'

I Income during

I (;~porlting pe;~~_d -I I Amount Type (e.g.,

I ern", ",,' "ill, (A-H) orint.)

_ . _____ ~_. ---"-..1_

(including tmst assets)

Place "(X)" after each asset

exempt from pnor disclosure

l ____ ,. __ _ 35, Enterprise Prod. Ptrs. A Dividend J T

36. Exxon Mobile A Dividend J T

37. Wells Fargo Special Acct.~ A Interest Closed

38. USAACD·_ B Interest M T

39. USAA Performance First Index B Interest L T Savings ......

40. USAA Performance First Index B Interest L T Savings~

41. USAA Performance First Index A Interest J T Savings-_

- ---'-~~-'---.--"-~--- -----"---.---

11:;::'~:~:~sc::~"snd D41--- ~ =-:~:Ior ~~~,CXXl ---.. ' C ~$2.501 '$5.000 -~;- =$S,OO~·~·.)15,OOO -- -.--.---- E =$15,OO~'-~~50,OOO I B=$1,001·$1.500

2. Value Codes J ~$15,OOO or less

(See Columns CI and DJ) N =$250.001 ,$500.000

P3 =S25.CXXl,001 $50,000.000

3. Value Method Codes Q =Appraisal

L __ (See ~olumn_~=--____ . ___ ~_=_B_o'_)k_v_a_lu_e __ .

G =$100.001, $1.000.000

K ~$15,001 ,$50.000

0=$500,001 ' $1,000.000

R :::Cost (Real Estate Only)

V =Othcr

III =$1,0011.00 I ' $5.00lJ,0IJ0

L 450,lJOI ' $100.000

h' =$1,000,001 55,000.000

P4 ::::More than $50,000,000

S ::::Assessment

W =E~tlmated

H2 ::::More than $5,000,000 j M =$IOO.OIli ' $250.000 I

I __________ I

1'2 =$5.000.001 ' $25.CXXl,OOO

T ::.:L'ash Market

rkparsons
Typewritten Text
Exhibit 3.1, Page 6 of 8
Page 18: Case MDL No. 2119 Document 198 Filed 02/02/12

Case MDL No. 2119 Document 198-3 Filed 02/02/12 Page 7 of 8

FINANCIAL DISCLOSURE REPORT Page 7 of 8

Name of Person Reporting

Furgeson, William R

VIII. ADDITIONAL INFORMATION OR EXPLANATIONS. (In<iicatepartojReport.)

A. This amends spouse's non-investment income under Section III.B. for the years 2003,2004,2005,2006, and 2007: 2003: Law Offices of Stephen Malouf-salary and partnership distribution; 2004: Law Offices of Stephen Malouf-salary and partnership distribution; 2005: Law Offices of Stephen Malouf-partnership distribution; DII Asbestos Trust-salary 2006: Law Offices of Stephen Malouf-partnership distribution; DII Asbestos Trust-salary

B. Under Section VII, items listed on lines 3-6 and 8-41 are separate property that reporting person is handling but has no financial interest.

Date of Report

05/0112008

rkparsons
Typewritten Text
Exhibit 3.1, Page 7 of 8
Page 19: Case MDL No. 2119 Document 198 Filed 02/02/12

Case MDL No. 2119 Document 198-3 Filed 02/02/12 Page 8 of 8

FINANCIAL DISCLOSURE REPORT Page 8 of 8

Name of Person Reporting Date of Report

Furgeson, William R 05/0112008

IX. CERTIFICATION.

I certify that all information given above (including information pertaining to my spouse and minor or dependent children, if any) is accurate, true, and complete to the best of my knowledge and belief, and that any information not reported was withheld because it met applicable statutory provisions permitting non-disclosure.

I further certify that earned income from outside employment and honoraria and the acceptance of gifts which have been reported are in compliance with the provisions of 5 U.S.C. app. § 501 et. seq., 5 U.S.C. § 7353, and Judicial Conference regulations.

NOTE: ANY INDIVIDUAL WHO KNOWINGLY AND WILFULLY FALSIFIES OR FAILS TO FILE THIS REPORT MAY BE SUBJECT TO CIVIL AND CRIMINAL SANCTIONS (5 U.S.C. app. § 104)

FILING INSTRUCTIONS

Mail signed original and 3 additional copies to:

Committee on Financial Disclosure Administrative Office of the United States Courts Suite 2-301 One Columbus Circle, N.E. Washington, D.C. 20544

rkparsons
Typewritten Text
Exhibit 3.1, Page 8 of 8
Page 20: Case MDL No. 2119 Document 198 Filed 02/02/12

Case MDL No. 2119 Document 198-4 Filed 02/02/12 Page 1 of 9

AOIO Rev. 112008

FINANCIAL DISCLOSURE REPORT EOR CALENDAR YEAR 2008

\. Person Reporting (last name, first, middle initial) 2. Court or Organization

Furgeson, William R. USDCfTexas WesternfTexas Northern

4. Title (Article 1II judges indicate active or senior status; Sa. Report Type (check appropriate type) magistrate judges indicate full- or part-time)

U NorrunatJon, Vate active-Article III Judge D Initial [Z] Annual

Sb. D Amended Report

D Final

Report Required by the Ethics in Government Act of 1978 (5 u.s.c. app. §§ 101-111)

3. Date of Report

06/08/2009

6. Reporting Period

01/01/2000 to

12/3112008

7. Chambers or Office Address 8. On the basis ofthe information contained in this Report and any modifications pertaining thereto, it is, in my opinion, in compliance

U.S. Courthouse with applicable laws and regulations.

I 1100 Commerce Street Di,!!;;;;, TX ? 51Q.l I Reviewing Officer ________________ Date, _____ _

J '" ,

IMPORT ANT NOTES: The mWucli(ms acct>mpaltylltg thb I,m .. 1ft1#l be ji>Ht>_d. Ct>1ftplete all pam, checking the NONE box for each part where you have no reporlllbk infontlRiion. Sign on last page.

I. POSITIONS. (Reporting individual only; see pp. 9-13 o/filing instructions.)

D NONE (No reportable positions.)

POSITION NAME OF ORGANIZATIONIENTlTY

I. President-Elect Federal Judges Association

2. Member, Council Litigation Section of the State Bar of Texas

3. Member, Committee Law Focused Education, State Bar of Texas

II. AGREEMENTS. (Reporting individual only; see pp. 14-160/filing instructions.)

[Z] NONE (No reportable agreements.)

PARTIES AND TERMS

I.

2.

3.

CJ (J)

(J r---; 0:::::-: UJ:':'--c:>-~

:;0 2'-n-t~ O:t> '1, '1 n n-t

D.qJ

= = ;:0 -c

c:::: m c:: :2: (")

-.J ill

J> < m CJ

C> 0-

Furgeson, William R

rkparsons
Typewritten Text
Exhibit 3.2, Page 1 of 9
Page 21: Case MDL No. 2119 Document 198 Filed 02/02/12

Case MDL No. 2119 Document 198-4 Filed 02/02/12 Page 2 of 9

FINANCIAL DISCLOSURE REPORT - Page 2 of9

Name of Person Reporting

Furgeson, William R.

III. NO N-INVESTMENT IN CO ME. (Reporting individual and spouse; see pp. 17-24 offiling instructions.)

A. Filer's Non-Investment Income !,l l.Y...J N·Ol"-.J"[ (llv ,·~pvj"iubl~ huh-in vistin~nt iiit-viii,;)

I.

2.

3.

4.

SOURCE AND TYPE

Date of Report

06/08/2009

INCOME (yours, not spouse's)

B. Spouse's Non-Investment Income - If you were married during any portion of the reporting year, complek this section.

(Dol/ar amount not required except Jar honoraria.)

D NONE (No reportable non-investment income.)

SOURCE AND TYPE

I. 2008 DII Asbestos Trust - Salary

2.2008 Law Offices of Stephen Malouf - Partnership Distribution

3.

4.

IV. REIMBURSEMENTS - transportation, lodging, food, entertainment

(Includes those to spouse and dependent children; see pp. 25-270ffiling instructions.)

D NONE (No reportable reimbursements.)

SOURCE DATES LOCATION

I. State Bar of Texas 0111 7/08 - 01118/08 Lost Pines, Texas

2. American College of Trial L 01123/08 - 01/28/08 Dallas, Texas awyers

3. Southern Methodist University 02/22/08 Dallas, Texas Dedman School of Law

4. University of Texas Law Sch 0411 0108 - 04/11108 Austin, Texas 001

5. Corpus Christi Bar Association 0411 8/08 - 0411 9/08 Corpus Christi, Texas

6. State Bar of Texas 05101108 - 05/02108 Dallas, Texas

PURPOSE

Seminar

Seminar

Seminar

Law Clerk Meeting

Speech

Speech

ITEMS PAID OR PROVIDED

Lodging, tTansportation, meals

Lodging, tTansportaion, meals

Lodging, tTansportation, meals

Lodging, transportation, meals

Transportation, meals

Lodging, tTansportation, meals

rkparsons
Typewritten Text
Exhibit 3.2, Page 2 of 9
Page 22: Case MDL No. 2119 Document 198 Filed 02/02/12

Case MDL No. 2119 Document 198-4 Filed 02/02/12 Page 3 of 9

FINANCIAL DISCLOSURE REPORT Page 3 of9

Name of Person Reporting

Furgeson, William R.

7. Dallas Bar Association 05/19/08 - 05120108 Dallas, Texas Speech

8. State Bar of Texas 05123/08 - Dallas, Texas Speech

9. Litigation Section, State Bar of 06/25/08 - 06/30108 Houston, Texas State Bar Meeting Texas

I OState Bar of Texas 07/17/08 Dallas, Texas Speech

! ! Texas Bar CLE, Slale Bar of 08/07/08 San Antonio, Texas Speech Texas

12SIate tsar 01 I exas ulS/21/01S - U~/2ISfUis Houston, lex as Speech

13 Litigation Section, State Bar of 091 I J/O~ - 09fJ 2/08 Port Worth, Texas Meeting Texas

14Stale Bar of Texas, Judicial S 09/15108 Dallas, Texas Speech eclion

15State Bar of Texas 10/17/08 Lubbock, Texas Speech

16American Conference Institute 10/29/08 - 10/30108 Chicago, Illinois Panel

Dale of Report

06/08/2009

Lodging, transportation, meals

Lodging, transportation, meals

Lodging, transportation, meals

Lodging, transportation, meals

Transportation. meals

Lodging, intn.spuctut.iuu, [(lcah

Lodging, transportation, meals

Lodging, transportation, meals

Lodging, transportation, meals

Lodging, transportation, meals

rkparsons
Typewritten Text
Exhibit 3.2, Page 3 of 9
Page 23: Case MDL No. 2119 Document 198 Filed 02/02/12

Case MDL No. 2119 Document 198-4 Filed 02/02/12 Page 4 of 9

FINANCIAL DISCLOSURE REPORT Page 4 of9

Name of Person Reporting

Furgeson, William R.

V. GIFTS. (Includes those 10 spouse and dependent children: See pp. 18-31 o/filing instructions.)

[Z] NONE (No reportable gifts.)

SOURCE DESCRIPTION

l. .-------------------------2. ----------------------3. --~---------------------

4 . . --------~------~--~

Date of Report

06/08/2009

VALUE

5,. __________________________________________________________________________________________ _

VI. LIABILITIES. (Includes those of spouse and dependent children; see pp, 31-330/ filing instructions.)

o NONE (No reportable liabilities.)

CREDITOR

I. USAA

2. William D. Ford Federal Direct Loan Program - US Dept of Education

Credit Card

Student loans

DESCRIPTION VALUE CODE

J

L

3. ______ ~---------------------------------------------------------------------------------4.

5,

rkparsons
Typewritten Text
Exhibit 3.2, Page 4 of 9
Page 24: Case MDL No. 2119 Document 198 Filed 02/02/12

Case MDL No. 2119 Document 198-4 Filed 02/02/12 Page 5 of 9

FINANCIAL DISCLOSURE REPORT Page 5 of9

Name of Person Reporting

Furgeson;William R.

Date of Report

06/08/2009

VII. INVESTMENTS and TRUSTS - income, value, transactions (Includes those of spouse and dependent children; see pp. 34-60 offiling instructions.)

o NONE (No reportable income, assets, or transactions.)

A. B. c. D.

(including trust assets) reporting period reponing period

(I) (2) (I) (2) (I) (2) (3) (4) (5) PIa ce "(X)" after each asset Amount Type (e.g., Value Value Type (e.g., Date Value Gain Identity of

exe mpt from prior disclosure Code I div., rent, Code 2 Method buy, sell, Month- Code 2 Code I buyer/seller (A-H) or int.) (l-P) Code 3 redemption) Day (l-P) (A-H) (if private

(Q-w) transaction)

jl. _. r f

-- --- r .. {

f f I i • Wells Fargo Bank Acel-Judge A Interest J T J

2. USAA Brokerage Svc Acct #2 -..

3. - Tax Exempt Money Mkt Fund A Interest J T

4. USAA Bank Acct - Judge, None J T

5. Trust Account # I -_

6. -USAA GNMA Trust A Dividend J T

7. -USAA Growth & Income Fund A Dividend K T

8. -USAA Income Fund A Dividend J T

9. -USAA Intermed-Term Bond Fund B Dividend K T

10. -USAA Money Market Fund A Interest J T

II. -USAA S&P 500 Index Fund Mem Sh A Dividend K T

12. -USAA Short-Term Bond Fund A Dividend L T - .

\3. -USAA High Yield Opportunities Fund A Dividend J T

14. Trust Account #2 ~

15. -USAA GNMA Trusl A Dividend K T

16. -USAA Growth & Income Fund A Dividend K T

17. -USAA Income Fund A Dividend K T

I. Income Gain Codes: A =$1,000 or less B =$1,001 - $2,500 C 42,501 - S5,OOO D =$5,001 - SI5,OOO E =$15,00 I - S50,000

(See Columns BI and 04) F =$50,001 - Sloo,OOO G =5100,001 - SI,OOO,OOO HI =SI,OOO,OOI - S5,OOO.OOO H2 =More!ban 5S,OOO,OOO

2. Value Codes J =SIS,OOO orless K =$IS,OOI - S50,OOO L =$50,001 - $100,000 M =$100,00 I - $250,000

(See Columns C I and 03) N =$250,001 - $SOO,OOO 0=$500,001 - $1,000,000 PI =$1,000,001 - $S,OOO,OOO n =$5,000,001 - S25,OOO,OOO

P3 =$25,000,001 - S50,OOO,OOO P4 =More !ban $50,000,000 3. Value Method Codes Q =Appraisal R =Cost (Real Estate Ooly) S =Assessment T =Cash Market

(See Colwnn C2) U =Book Value V=Otber W =Estimated

t

I

rkparsons
Typewritten Text
Exhibit 3.2, Page 5 of 9
Page 25: Case MDL No. 2119 Document 198 Filed 02/02/12

Case MDL No. 2119 Document 198-4 Filed 02/02/12 Page 6 of 9

FINANCIAL DISCLOSURE REPORT Page 6 of9

Name of Person Reporting

Furgeson, William R.

Date of Report

06/08/2009

VII. INVESTMENTS an d TRUSTS - income, value, transactions (Includes those of spouse and dependent children; see pp. 34-60 of filing instructions.)

D NONE (No reportable income, assets, or transactions.)

A. B. C. D.

I (including trust assets) I reporting period I reporting period I (I) (2) (I) (2) f OJ

(2) (3) (4) (5) Place "(X)" after each asset Amount Type (e.g., Value Value Type (e.g., Date Value Gain Identity of

exempt from prior disclosure Code I div.; rent, Code 2 Method buy, sell, Month- Code 2 Code I buyer/seller (A-H) orint.) (loP) Code 3 . redemption) Day (loP) (A-H) (ifprivate

(Q-W) transaction)

j18. .. ---

-USAA Intermed-Term Bond Fund A . Dividend L T

19. -USAA Money Market Fund A Interest J T

20. -USAA S&P Index Fund Mem Sh A Dividend K T

21. -USAA Short-Term Bond Fund A Dividend M T

22: Trust Account #3 -_

23. -American Mutual Fund Inc A Dividend J T

24. -Income Fund of America A Dividend K T

25. -Washington Mutual Inv Fund Inc A Dividend J T

26. Enterprise Prod Ptrs A Dividend J T

27. Exxon Mobil A Dividend J T

28. Trust#4-_

29. -American Mutual Fund Inc A Dividend J T

30. -Income Fund of America Inc A Dividend K T

31. -Washington Mutual Inv Fund Inc A Dividend J T

32. Enterprise Prod PITs A Dividend J T

33. Exxon Mobil A Dividend J T

34. USAACD-_ B Interest M T

I. Income Gain Codes: A ~$I,OOO or less B =$1,001 - $2.500 C =$2,50 I - $5.000 D ~$5,OOI- SI5,OOO E =$ 15,00 I - S50,OOO

(See Columns BI and 04) F ~S50,OOI - SIOO,OOO G =SIOO,OOI - SI,OOO,OOO HI =$1,000,001-$5,000,000 H2 ~More than S5,OOO,OOO

2. Value Codes J =$15,000 orless K =$15,001 - $50,000 L =$50,00 I - $ I 00,000 M =$100,001 - $250,000

(See Columns CI and 03) N =$250,00 I - $500,000 0=$500,001 - $1,000,000 PI =$1,000,001 - $5,000,000 P2 =$5,000,001 - $25,000,000

P3 =$25,000,001 - $50,000,000 P4 ~More than $50,000,000 3. Value Method Codes Q =Appraisal R =Cost (Real Estate Only) S =Assessment T =Cash Market

(See Column C2) U ~Book Value V =Other W ~Estimated

. I

rkparsons
Typewritten Text
Exhibit 3.2, Page 6 of 9
Page 26: Case MDL No. 2119 Document 198 Filed 02/02/12

Case MDL No. 2119 Document 198-4 Filed 02/02/12 Page 7 of 9

FINANCIAL DISCLOSURE REPORT Page 70f9

Name of Person Reporting

Furgeson, William R.

Date of Report

06/0812009

VII.' INVESTMENTS and TRUSTS - income, value, transactions (Includes those o/spouse and dependent children; see pp. 34-60offiling instructions.)

o NONE (No reportable income, assets, or transactions.)

A. B. C. D. Cross value at end of

I I . (me udmg trust assets) I reportmg period reporting penoo I

I (I) (2) (I) (2) (I) (2) (3) (4) (5)

Place "(X)" after each asset Amount Type (e.g., Value Value Type (e.g., Date Value Gain Identity of

exempt from prior disclosure Code I divo) rent, Code 2 Method buy, sell, Month- Code 2 Code I buyer/seller (A-H) or inl.) (l-P) Code 3 redemption) Day (J-P) (A-H) (if private

(Q-w) transaction) . 135. USAA Perfonnance First Index Savings - I B I Interest I L I T I r ..

36. USA A Perfonnance First Index Savings - B Interest L T - - .

37. USAA Performance First Index Savings - A Interest J T

L Income Gain Codes: A =$1,000 or less B =$1,001 - S2,500 C =$2,501 - S5,000 D 45,001· SI5,OOO E =$15,001· $50,000

(See Columns BI and 04) F =$50,001 - $100,000 G=SIOO,OOI-SI,OOO,OOO HI =$1,000,001 - $5,000,000 H2 =More than $5,000,000

2. Value Codes J =$15,000 orless K =$15,001 - $50,000 L 450,00 I - $ I 00,000 M =$100,001 - $250,000

(See Columns CI and D3) N 4250,00 I - $500,000 0=$500,001 - $1,000,000 PI =$1,000,001 - $5,000,000 n =$5,000,001 - $25,000,000

P3 =$25,000,001 - $50,000,000 P4 =More than $50,000,000

3. Value Method Codes Q =Appraisal R =Cost (Real Estate Only) S =Assessment T=Cash MaIket

(See Column 0) U =Book Value V =Other W =Estimated

,

j

rkparsons
Typewritten Text
Exhibit 3.2, Page 7 of 9
Page 27: Case MDL No. 2119 Document 198 Filed 02/02/12

Case MDL No. 2119 Document 198-4 Filed 02/02/12 Page 8 of 9

FINANCIAL DISCLOSURE REPORT Page 8 of9

Name of Person Reporting

Furgeson, William R.

VIII. ADDITIONAL INFORMATION OR EXPLANATIONS. (IndicatepartojReport.)

Under Section VII, items listed on lines 2-37 are separate property that reporting person is handling but has no financial interest.

Date of Report

06/08/2009

rkparsons
Typewritten Text
Exhibit 3.2, Page 8 of 9
Page 28: Case MDL No. 2119 Document 198 Filed 02/02/12

Case MDL No. 2119 Document 198-4 Filed 02/02/12 Page 9 of 9..

FINANCIAL DISCLOSURE REPORT Page 9 of9

Name of Person Reporting Date of Report

Furgeson, William R. 06/08/2009

IX. CERTIFICATION.

I certify that all information given above (including information pertaining to my spouse and minor or dependent children, if any) is accurate, true, and complete to the best of my knowledge and belief, and that any information not reported was withheld because it met applicable statutory p!"-cwsion£ po!"mitting nO!! ·disclosur.e.

I further certify that earned income from outside employment and honoraria and the acceptance of gifts whicb bave been reported are in compliance with tbe provisions of 5 U.S.C. app. § 501 et. seq., 5 U.S.C. § 7353, and judicial Conference regulations.

Signature

NOTE: ANY INDIVIDUAL WHO KNOWINGLY AND WILFULLY FALSIFIES OR FAILS TO FILE THIS REPORT MAY BE SUBJECT TO CIVIL AND CRIMINAL SANCTIONS (5 U.S.C. app. § 104)

FILING INSTRUCTIONS

Mail signed original and 3 additional copies to:

Committee on Financial Disclosure Administrative Office of the United States Courts Suite 2-301 One Columbus Circle, N.E. Washington, D.C. 20544

rkparsons
Typewritten Text
Exhibit 3.2, Page 9 of 9
rkparsons
Typewritten Text
Page 29: Case MDL No. 2119 Document 198 Filed 02/02/12

.~o ~o I FINANCIAL DISCLOSURE REPORT Rwo,rin GovernmentRequiredActbY theof1978EtkicsRev. 1,’2010 FOR CALENDAR YEAR 2009 (5 u.s.c. ~pp. §§ 101-110

1. Person Reporting (last name, first, middle initial) 2. Court or Organization 3. Date of Report

Furgeson, William R. USDC,rl’exas Western/Texas Northern 07/6/2010

4. Title (Ankle Ill judges indicate active or senior status; 5a. Report Type (check appropriate type) 6. Reporting Periodmagistrate judges indicate full- or part-time)

[] Nomination. Date 01/01/2009Senior Status-Article III Judge [] Initial [] Annual [] Final to

12/31/20095b. [] Amended Report

7. Chambers or Office Address 8. On the basis of the information contained in this Report and anymodifications pertaining thereto, it is, in my opinion, in compliance

U.S. Courthotlse ~vith applicable laws and regulations,1100 Commerce StreetDallas, TX 75201

Reviewing Officer Date

IMPORTANT NOTES: The instructions accompanying this form must be followecL Complete all parts,checking the NONE box for each part where you have no reportable information, Sign on last page.

I. POSITIONS. ~R,po.ing indi.iZ.af o.ly;

[---] NONE (No reportable positions.)

POSITION NAME OF ORGANIZATION/ENTITY

1. President-Elect Federal Judges Association

2. Member, Council Litigation Section of the State Bar of Texas

3. Member, Commitlee Law Focused Education, State Bar of Texas

II. AGREEMENTS. (Reporting individual only; see pp. 14-16 of filing instructions.)~

~ NONE (No reportable agreements.) ~-,’: ~

,._-....:.. ~ ~~DATE PARTIES AND TE~S ,,; ::.- ~

I. FqC: ~

3. ~

Furgeson, William R.

Case MDL No. 2119 Document 198-5 Filed 02/02/12 Page 1 of 9

.1010 Rev. 112010

FINANCIAL DISCLOSURE REPORT FOR CALENDAR YEAR 2009

J. Person Reporting (last name, first, middle initial) 2. Court or Organization

Furgeson, William R. USDCffexas Western!fexas Northern

4. Tille (Anicle 1II judges indicate aClive or senior starus; magistrate judges indicate full· or pan.lime)

Sa. Report Type (check appropriate type)

0 Nomination? Dale Senior Status-Article III Judge 0 Initial [{] AMual

5b. 0 Amended Report

0 Final

Reporr Required by rhe Ernics in Governmenr Acr of 1978 (5 u.s.c. app. §§ 101-11 J)

3. Date or Report

07/6/2010

6. Reporting Period

0110112009 to

12/3112009

7. Chambers or omce Address S. On the basi. oC the inCormation contained in this Report and any modifications pertaining thereto, it is, in my opinion, in compliance

U.S. Courthouse with applicable laws and regulations.

1100 Commerce Street Dallas, TX 75201

Re\'iewing Officer Date

Il'IfPORTANT NOTES: The instructions accompanying this form must befollowed. Complete all parts, checking the NONE box for each part where you have no reportable information. Sign on last page.

I. POSITIONS. (Reporting i"di.idual only; set pp. 9-13 olfiling instructions.)

o NONE (No reportable positions.)

POSITION NAME OF ORGANIZATIONIENTITY

I. President-Elect Federal Judges Association

2. Member, Council Litigation Section oftbe State Bar of Texas

3. Member, Committee Law Focused Education, State Bar of Texas

4.

5.

II. AGREEMENTS. (R,porti"K individual o"ly; sa pp. 14-16 o/filing instructions.)

[ZJ NONE (No reportable agreements.)

PARTIES AND TERMS

I.

2.

3.

0 (/}

\. ~; ;- .. ~ -.

(--::. : fl':':: .. ' C:.' :::r; '"-r'1~...:. (-' .. -;-u--'-'1 ( J fT)

N

6 L-c:: r-

w

J> .9

N U1

;n ;"q 0 rn cr ..... rn 0

Fur eson, William R.

rkparsons
Typewritten Text
Exhibit 3.3, Page 1 of 9
Page 30: Case MDL No. 2119 Document 198 Filed 02/02/12

FINANCIAL DISCLOSURE REPORT ~ .... t’Persoa Reporling Date of Repor|

Page 2 of 9 Fur~eso., William R. 07/6/2010

lIl. NON-INVESTMENT INCOME. (Re~,o.i~gi~di~idu.l.~d~po.~e;~erp.

A. Flier’s Non-Investment Income

NONE (790 reportable non-investment income.)

DATE SOURCE AND TYPE INCOME(yours, not spouse’s)

I.

2.

3.

4.

B. Spouse’s Non-Investment Income - If you were married during any portion of the reportlng year, complete this section.

(Dollar amount not required e.tcept for honoraria.)

D NONE (No reportable non-investment income.)

DATE SOURCE AND TYPE

1. 2009 DII Asbestos Trust - Salary

2.2009 Law Offices of Stephen Malouf- Partnership Distribution

3.

4.

IV. REIMBURSEMENTS -,,.~,po,t.tio,~ ~od~i.~."ood, o~,c.,.~ .... ~(Includes those to ~19ouse ot~d dependent children; see pp. 25-27 of fihng Instructions.)

~ NONE (No reportable reimbursements.)

SOURCE ~3ATES. LOCATION PURPOSE ITEMS PAID OR PROVIDED

1. State Bar of Texas 01/14/09 - 01/14109 San Antonio, Texas Seminar Transportation, meals

2. Texas Tech School of Law 02/04/2009 - Lubbock, Texas Speech Lodging, transportaion, meals02/05/2009

3. Corpus Christi Bar 03/05/2009 - Corpus Christi, Texas Speech Transportation, mealsAssociation 03/05/2009

4. American Board of Tral 04/01/2009 - San Francisco, California Speech Lodging, transportation, mealsAdvocates 094/03/2009

5. American Confcrence 04/29/2009 - San Francisco, California Speech Lodging, transportation, mealsInstitute 04130/2009

6. Houston Bar Association 06!30/2009 - Houston, Texas Speech Transportation, meals

Case MDL No. 2119 Document 198-5 Filed 02/02/12 Page 2 of 9

Name or Person Reporting FINANCIAL DISCLOSURE REPORT Page 20[9 Furgeson, William R.

Ill. NO N-INVESTMENT IN CO lHE. (R'porting individual and spouse; su pp. 17-24 a/filing instructions.)

A. Filer's Non-Investment Income

[{] NONE (No reportable non-investment income.)

SOURCE AND TYPE

I.

2.

3.

4.

B. Spouse's Non-Investment Income - If you ",ere marrid during "ny portioTl of the repurting y,ar, complete thi ... ctio ...

(Dol/or omoun/ not required etCepljor honoraria.)

o NONE (No reporfable non-investment income.)

SOURCE AND TYPE

1.2009 011 Asbestos Trust - Salary

2.2009 Law Offices of Stephen Malouf - Partnership Distribution

3.

4.

IV. REThf.B URSEMENTS -tramportation, lodging,food, entertainment

(Includes those to •• pouse (Jlld dependent children; see pp. 25·27 affilmg Imtruc/ions.)

0 NONE (No reportable reimbursements.)

SOURCE DATES LOCAT1ON PURPOSE

I. State Bar of Texas 01/14/09 - 01114109 San Antonio, Texas Seminar

2. Texas Tech School of Law 0210412009 - Lubbock, Texas Speech 02/0512009

3. Corpus Christi Oar 0310512009 - Corpus Christi, Texas Speech Association 03/0512009

4. American Board of Trial 04/01/2009· San Francisco, California Speech Advocates 094103/2009

5. American Con fcrencc 04/29/2009 - San Francisco, California Speech Institute 04/3012009

6. Houston Bar Association 06/30/2009 - Houston, Texas Speech

D.te 01 Report

07/6/2010

rNCOME (yours. not spouse's)

ITEMS PAID OR PROVIDED

Transportation, meals

Lodging, transportaion, meals

Transportation, meals

Lodging, transportation, meals

Lodging, transportation, meals

Transportation, meals

rkparsons
Typewritten Text
Exhibit 3.3, Page 2 of 9
Page 31: Case MDL No. 2119 Document 198 Filed 02/02/12

Name of Person Reporting Date of Report

PageFINANCIAL3 of 9 DISCLOSURE REPORT Furgeson, William R. 07/6/2010

06103/2009

7. State Bar of Texas 09103/2009 - Houston, Texas Speech Transportation, meals09/0312009

8. Federal Judges Association 09116/2009 - Washington, D.C. Meeting Lodging, transportation, meals09117/2009

9. State Bar of Texas 11/04/2009 - Austin, Texas Speech Transportation, meals11104/2009

10. American Board of Tfial 11/06/2009 - E1 Paso, Texas Speech Lodging, transportation, mealsAdvocates I 1/07/2009

1 I. State Bar of Texas I 1112/2.009 - Austin, Texas Speech Lodging, transportation, meals11/I 3/2009

Case MDL No. 2119 Document 198-5 Filed 02/02/12 Page 3 of 9

FINANCIAL DISCLOSURE REPORT Page 3 of9

06/03/2009

Name of Prrsoo Reporting

Furgeson, William R.

7. State Dar of Texas 09/03/2009 - Houston, Texas Speech 09/03/2009

8. Federal Judges Association 0911 6/2009 - Washington, D.C. Meeting 0911 712009

9. State Bar of Texas 11/0412009 - Austin, Texas Speech 11/04/2009

10. American Board of Trial 11/06/2009 - EI Paso, Texas Speech Advocates 11107/2009

11. State Bar of Texas 1111 2/2009 - Austin, Texas Speech 11113/2009

Dale of Report

07/6/2010

Transportation, meals

Lodging, transportation, meals

Transportation, meals

Lodging, transportation, meals

Lodging, transportation, meals

rkparsons
Typewritten Text
Exhibit 3.3, Page 3 of 9
Page 32: Case MDL No. 2119 Document 198 Filed 02/02/12

FINANCIAL DISCLOSURE REPORT

IPage 4 of 9 Furgcson, William R. 07/6120

~ NONE ~o reportable g~s.)

SOURCE DESCR~TION VAL~

I.

2.

3.

4.

5.

VI. LIABILITIES. a,a~e, :ho~ of s~o~e a,~ dependent children,- see pp. 32-33 of filing instructlon~.)

[---] NONE (’No reportable liabilities.)

CREDITQR. DES(~RIPTIQN VALUE (~ODE

I. USAA Credit Card K

2. William D. Ford Federal Direct Loan Student loans LProgram - US Dept of Education

3. Sally Mae Student Loan~ L

4. Citi Bank Credit Card K

5. Citi Bank Credit Card K

Case MDL No. 2119 Document 198-5 Filed 02/02/12 Page 4 of 9

FINANCIAL DISCLOSURE REPORT Page 40f9

Name of PHson Reponing

Furgeson. William R.

V. GIFTS. (lnrludes those to spouu gnd depend"'t children; sre pp. 28·31 a/filing inst,uctions.)

[Z] NONE (No reportable gifts.)

SOURCE DESCRIPTION

I.

2.

3.

4.

5.

VI. LIABILITIES. (Includes those a/spouse and dependent children; see pp. 32·)J a/filing instructions.)

D NONE (No reportable liabilities.)

CREDITOR DESCRIPTION

I. USAA Credit Card

2. William D. Ford Federal Direct Loan Student loans Program· US Dept of Education

3. Sally Mae Student Loans

4. Citi Bank Credit Card

5. Citi Bank Credit Card

[JIlt or Report

07/6/2010

VALUE

VALUE CODE

K

L

L

K

K

rkparsons
Typewritten Text
Exhibit 3.3, Page 4 of 9
Page 33: Case MDL No. 2119 Document 198 Filed 02/02/12

FINANCIAL DISCLOSURE REPORT I ~ame°rPe~°° aeP°~’i"gPage 5 of 9 I Furgeson, William R.

07/6/2010

VII. INVESTMENTS and TRUSTS -i ........ ~t~,, transactions (gncluded those of spouse and dtpendenl children; setpp. 34-60 of Jiling instruclians.)

[~. NONE (No reportable income, assets, or transactions.)

A. B. ] C. D.Description of Assets Income during [ Grosx value at end Transactions during reporting period

(including trust assets) reporting period of reporting period

1~) (2)]̄

(D (~) O) (2) (3)Plac~ "(X)" after e~ch asset [ Amount Typ~ (~.g., Value Valu~ Type (e.g., Date! Valu~ Gain Identity of

exempt from prior disclosure Code I div., rent, Code 2 Method buy, sell, mm/dd/y), Code 2 Code 1 buyer/seller[ (A-H) or int.) (J-P) Code 3 redemption) (J-P) (A-H) (if private

(Q-W) I transaction)

I. Wells Fzrgo Bank Acct-Judge A Interest J T

2. USAA Brokerage Svc Acct #2 - Wife

3. - Tax Exempt Money Mkt Fund A Interest J T

4. USAABankAcct’L o. i: ] None J T

5, Bank of Texas -~ A J T

6. Trust Account

7. -USAA GNMA Trust A Dividend J T

8. -USAA Growth & Income Fund A Dividend K T

9. -USAA Income Fund A Dividend J T

10. -USAA Intermed-Tcrm Bond Fund B Dividend K T

11. -USAA Money Market Fund A Interest J T

12. -USAA S&P 500 Index Fund Mere Sh A Dividend K T

13. -USAA Short-Term Bond Fund A Dividend L T

14. -USAA High Yield Opportunities Fund A Dividend J T

15. Trust Account #2 -

16. -USA.A GNMA Trust A Dividend K T

17. -USAA Growth & Income Fund A Dividend K T

t. Income Gal, Codes: A-S1.000 or less B =$1,001 - $2,500 C =$2,501 - ~5,000 D =~5,001 - $15,000 E =$15,001 - |50.0<10 ~(See Columnl BI end D4) F =150,001 - $100,000 O =$10~,001 - $1,000,000 HI "$1,000,001 - $5,000,000 H2 =More than $S,0O0,000

2. Value Codes .I -$15,000 o¢ less K ~$15,001 - $50,000 L =$50,001 - $100,000 b-t =$100.00| - 1250.000(See Colmrms CI and D3) N =$250,001 - $500,000 O =$500,001 ¯ $1,000,000 PI =$1,0OO,00l - $5,000,000 P2 =$5.000,001 -$25,000,000

P3 -$21000,001 - I50,000,000 P4 =More than $50,000,0001. Value Method Codes Q -Apl~zisal g "Co~ (Real Estate OMy) S =Assessment T -Cash Market.

(See Colurrtn C2) U =Book Value V =Other W =Estimnted

Case MDL No. 2119 Document 198-5 Filed 02/02/12 Page 5 of 9

FINANCIAL DISCLOSURE REPORT Page 50[9

Name of Person Reponing

Furgeson, William R.

Dale of Report

07/612010

VII. INVE STMENTS and TR US TS - income, ,'"Iut, IransQuions (Includes Ihose a[spouse ond "'pendenl child"n; see pp. 34-60 o[ filing inslrucl;'''S.)

D NONE (No reportable income, assets, or transactions.)

I I

..

A. B. C. D. Description of Assets Income during ! Gross vaJue at end Transactions during reporting period

(including trust assets) reporting period I of reporting period

I (1) (2) (I) (2) (I) (2) (3) i (4) (5)

Place "(X)" after each asset ,Amount Type (e.g., Value Value Type(e.g., Dale Value I Gain Identity of

eltempt from prior disclosure I Code I div., rent, Code 2 Method buy, sell, mmlddlyy Code 2 Code I buyer/seller (A-H) or in!.) (l·P) Code 3 redemption) (J-P) ! (A·H) (if private

(Q.W) I transaclivn) I i I I i

I. Wells Fargo Bank Acct-ludge A Interest 1 T

2. USAA Brokerage Svc Acet #2 - Wife

3, - Tax Exempt Money Mkt Fund A Inlerest J T

4. USAA Bank Ace! - I None J T I

,. " , ,-"

5, Bank of Texas -;~ A J T

6. Trust Account #1 -,---r

7. -USAA GNMA Trust A Dividend J T

8. -USAA Growth & Income Fund A Dividend K T

9. -USAA Income Fund A Dividend J T

10. -USAA Intermed-Term Bond Fund B Dividend K T

II. -USAA Money Market Fund A Interest 1 T

12. -USAA S&P 500 Index Fund Mem Sh A Dividend K T

13. -USAA Short-Term Bond Fund A Dividend L T

14. -USAA High Yield Opportunities Fund A Dividend J T

15. Trust Account #2 -~

16. -USAA GNMA Trust A Dividend K T

17. -USAA Growth & Income Fund A Dividend K T

J . Income Gain Codes: A uS 1,000 or less B ~SJ,OOI .$2,500 C =l2,501 - 15,000 D =15,00 I • $ I 5,000 E =S I 1,001 - 150.000

(See Columns BI and D4) F 'S50,ool - $100,000 G -Sloo,ool • $1,000,000 Ht ~SI,OOO,ool - SI,ooo,Ooo H2 =More than Sl,ooo,ooo

2, Value Codes 1-$15,000 or less K =SI5,OOI . SIO,OOO L -S50,OOI· SIOO,Ooo M -Sloo,ool - nlo.ooo

(See Columns C I and D3) N -S250,ool - S5oo,OOO 0-$500,001· SI,OOO,OOO PI -SI,ooO,ool- SI,ooo,Ooo P2 -SI.000,001-S21.000,OOO

r3 -$25,000,001 - S50,ooo.000 P4 =M"", than $50,000,000

3. Value Melhod Codes Q-ArP'li .. 1 R -Cost (Re.1 Estate Only) S =Assessment T -Cash Mariet

(ScC' Colwnn 0) U -Book Value V -other W :.E~tim3led

rkparsons
Typewritten Text
Exhibit 3.3, Page 5 of 9
Page 34: Case MDL No. 2119 Document 198 Filed 02/02/12

FINANCIAL DISCLOSURE REPORT ~an, e of Verso~ Re~o.ing ~ate n~Page 6 of 9 Furgeson, William R. 07i6/2010

VII. INVESTMENTS and TRUSTS - ~.~o~, ,~t~., ~,~.~.~no~ a~t~a.~

NONE ~o reportable income, assets, or transactions.)

A. B, C. D.Descnption of Assets In.me d~ing Gross value at end Tmmactions d~ng re~ing period

(including trust ~sets) reining peri~ of reposing

(0 (~) (t) (~)Place "(X)" a~r each asset Amount T~ (e.g., Value Value T~ (e.g., Dat~ Value Gain Identi~ of

exempt from prior disclosure C~e I div., rent, C~e 2 Mebod buy, ~tl, m~d&~ Co~ 2 C~ I buyer/sdlcr(A-H) or int.) (J-P) Code 3 ~emption) (J-P) (A-~ (if private

18. -USAA Income Fund A Dividend K T

19. -USAA Inte~-Te~ Bond Fund A Dividend L T

20. -USAA Money Market Fund A Interest J T

21. -US~ S&P Index F~d Mere Sh A Dividend K T

22. -USAA Short-Te~ BondFund A Di~dend M T

23. T~t Account #3 ~

24. -America Mural Fund Inc A Dividend J T

25. -Income Fund of America A Dividend K T

26. -Washington Mutual Inv Fund lnc A Dividend J T

27. Ente~fise Prod Pt~ A Dividend J T

28. Exxon Mobil A Dividend J T

29. T~st~-:~

30. -America Mural Fund Inc A Dividend J T

31. -Income Fund of America Inc A Dividend K T

32. -W~hington Mutual Inv Fund lne A Dividend J T

33. Ente~fise Pr~Pus A Dividend J T

34. Exxon Mobil A Dividend J T

I. It.come Gain Codex: A = $1,000 or less B =$1.001 . $2.500 C =$2.501 - $5,0~0 D =$5,001 - $15,000 E[ =$15,001 * $50,000(S~� CoLu rruas 13,1 tad D4 ) F - $ ~i0,001 - $ 100,000 G =$ 100,001 - $ 1,000.(~0 H 1 ---$ L ,~JO,001 - $ 5.000,~00 H2 ~More than $ 5,000,000

2. V~!ue Codes J -$15,000 or Icsz K -$15.001 - $50,000 L ~$50.001 - $100.000 M ~$100.00I - $250.000(S¢~ Columns C

P], -125,000,001 - $50,000.000 P4 -More Ihan $50,0~0.0003. V~lue Me~hod Cocks Q ~Appr~[~.tl P~ =~ost (Real E~tate Only) S =Asscssmcnt T =Cash M~rkct

(~� Coluran C~2) U -Book V~lu~ V ---Other W =Est[mate.d

Case MDL No. 2119 Document 198-5 Filed 02/02/12 Page 6 of 9

FINANCIAL DISCLOSURE REPORT Page 6 of9

Name of Per,on Reporting

Furgeson, William R.

Dote of Report

07/6120 I 0

VII. INVESTI\fENTS and TRUSTS - incom~, ,'O/ut, transRctions (Inc/uti,s thou o/spouse anti tltpmtlent children; sa pp. 34-60 a/ftling instruct jon>.)

D NONE (No reportable income, assets, or transactions.)

A. 8, C. D. Description of Assets Income during Gross value at end Transaction. during reponing period

(including trust assets) reponing period of reponing period

(1) (2) (I) (2) (I) (2) (3) (4) (5) Place "(X)" aEter each asset Amount Type {e,g., Value Value Type (e.g., Date Value Gain Identity of

exempt from prior disclosure Code I divot rent, Code 2 Method

I buy, sell, mmfdd!yy Code 2 Code I buyer/,ellcr I (A-H) or int.) (l-P) Code 3 redemption) (l-P) (A-H) (irpriv.te

! (Q-W) I

trannction)

18, -USAA Income Fund A Dividend K T

19. -USAA Intermed-Tenn Bond Fund A Dividend L T

20. -USAA 1 ... 1oney Market Fund A [nterest J T

21. -USAA S&P Index Fund Mem Sh A Dividend K T

22. -USAA Short-Term Bond Fund A Dividend M T

23, Trust Account #3 ~

24. -American Mutual Fund Inc A Dividend J T

25. -Income Fund of America A Dividend K T

26, -Washington Mutual Inv Fund Inc A Dividend J T

27. Enterprise Prod Ptrs A Dividend J T

28. Exxon Mobil A Dividend J T

29, Trust #4 ----,

30. -American Mutual Fund Inc A Dividend J T

31. -Income Fund of America Inc A Dividend K T

32. -Washington Mutual Inv Fund Inc A Dividend j T

33. Enterprise Prod Pus A Dividend J T

34. Exxon Mobil A Dividend j T

I I. Income Gain Codes: A '11,000 or les, Il ~JI.OOI • S2,500 C =$2.50 I - $5,000 o ~$5,OOI - $15.000 E =SI5,OOI- 5l0,000

I (5« Columns D I and 04) F • SSO.OO I - $ I 00,000 G =1100,001 - SI,OOO.OOO HI =$t.OOO,OOI - S5,000.000 H2 =More th.n S5.000.ooo

2. Valu. Cod.s J <SIS.OOOor tess K =SI5,OOI - S50.000 L=SSO,OOI- StOO,OOO M -SIOO,OOI - $250,000

I (See Columns C I .nd Dl) N 'S250.001 - S500,OOO o =S500.001 - 11,000.000 PI =$1.000.001- $5.000.000 P2 =S5.OOO,001 - \25.000.000

Pl -S15,OOO,OOI - 150.000.000 P4 -More than 150,000.000

~"Iue Method Codes Q=Appraiul R =eoS! (Real Est." Only) S -Assessment T =Cash Market (See Cotumn (2) U -Book Value V =Other W = Estimated

,

rkparsons
Typewritten Text
Exhibit 3.3, Page 6 of 9
Page 35: Case MDL No. 2119 Document 198 Filed 02/02/12

FINANCIAL DISCLOSURE REPORT Name of Person Reporting Date of Report

Page 7 of 9 Furgeson, \Villiam R. 07t6/2010

V II. INVE STMENTS and TRUSTS -

NONE ~o reportable income, assets, or transactions.)

A. B. C. D.Description of Assets Income dung Gros~ value at(including t~st a~sets) ~ning pe6~ of r~oning period

O)Place "(X)" after ~ch as~t Amount T~exempt from prior di~lo~e C~e I dlv., renL Code 2 Me~od b~, sell, ~d~ Code 2 C~e t buyertseller

Code 3 redemption)(J’P)I (A-~

(ifpfivat~int.) o-P)

35. USAA CD B Interest M T

36. USAA Performance First Index Savings - B Interest L T

37. USAA Performance First Index Savings - B Interest K T

38. USAA Performance First Index Savings - A Interest J T

39. PNB A Interest L T

1. Income Gain Cod¢.~: A Ill,000 or [¢xs B -$1,001 - $2,500 C =$2,501 - $5,000 D ~$5,001 - $15,000 E =$15,001 o $50,000(See Colum.ns B 1 ~d D4) F =$50,~1 - $1~,0~ G ~$1~,~1 - $ I,~.~ HI =$1,~,~1 - $5,~.~ H2 =More ~an

2. Val~ Codes J -$15,~ ~ less ~ -$15,~1 - $50,~ L =[S0,~] - $1~,~ M :$1~,~1 - $250,~(See Colu~ C 1 and D)) N -$250,~1 - $500,~ O ~$5~,~1 - $1,~,~ PI "$1,~,~ 1 - $5,~,~ P2 -$5,~,~1 -

3. V=t~ M~od C~¢s Q =Apprli~l R ~ost (Real Es~¢ Only) S =As~nt T ~a~ M~ct(~e Col~ ~l U =B~k Value V ~ W ~Esfimated

Case MDL No. 2119 Document 198-5 Filed 02/02/12 Page 7 of 9

FINANCIAL DISCLOSURE REPORT Page 7 of 9

Name o( Person Reporting

Furgeson, William R.

Date or Report

07/6/2010

V II. INVESTMENTS and TRUSTS - income, ,'al"e, transactions (Includes those OlspOUlt and depend.nt childre,,; su pp. 34·60 olfiling instructions.)

D NONE (No reportable income, assets, or transactions.)

! A. B. C. D.

i Description of Assets Income during Gross value at end Transactions during reporting period

! (including trust .ssets) reponing period of reponing period L Pb~ ",Xl" .. ",,' " ..

(I) (2) (I) (2) (I) (2) (3) (4) (5)

Amount Type (e.g., Value Value Type (e.g., Date Value Gain Identity of

exempt from prior disdosure Code I div., rent. Code 2 Method buy, sell, mm/ddlyy Code 2 Code I buyerlseller (A-H) orin!.) (J-P) Code 3 redemption) (l·P) (A-H) (ifprival'

(Q-w) transaction) --L.

35. USAACD-~ B Interest M T

36. USAA Perfonnance First Index Savings - B ~

Interest L T

37. USAA Perfonnance Firstlndex Savings. B Interest K T ~

38. USA A Performance First Index Savings·

I A Interest J T

39. PNB.~ A Interest L T

r1.··Income GaIn Codes,' A ·SI.oooorie1S B -SI,ool • n,5oo C -S2,501 - $5,000 DzS5,001· SI5,OOO E ~$15,ool .$50,000

(St. Columns n I >cd D4) F '$50,001. $100.000 G ~Sloo.OOI • SI.OOO.OOO HI =SI.OOO,ool- S5,ooo,OOO H2 -More than $5,000,000

2. Value Codes )-SI5,oooorl", K -$15,001·550,000 L -S50,OOI - 5100,000 M =Sloo,OOI • $250,000

(S.o Columns C I and D) N -$250,00 I • S500,OOO o -S500,ool- SI.OOO.ooo 1'1-$1,000,001·$5.000,000 1'2 -$5,000,001 • S25,OOO,OOO

P3 -$25.000,001- S50,OOO,OOO 1'4 =Mo« than S50,OOO.000

3. Value Method Codes Q -Apprai",1 R -CO" (Real Estate Only) S -Assessmerlt T ce.sh Markel

(Sto Column C2J U "'Book Value V =Other W""Estimated

rkparsons
Typewritten Text
Exhibit 3.3, Page 7 of 9
Page 36: Case MDL No. 2119 Document 198 Filed 02/02/12

FINANCIAL DISCLOSURE REPORT N~meofP~rson R~’portin~ D~teO[ Rtp0r!

Pfl~(~ ~ of ~ Furgeson, William R. 07/6/2010

VIII. ADDITIONAL INFOI~MATION OR EXPLANATIONS.

Under Section VII, items listed on lines 6-39 are separate property that reporting person is handling but has no financial interest.

Case MDL No. 2119 Document 198-5 Filed 02/02/12 Page 8 of 9

FINANCIAL DISCLOSURE REPORT Page 8 of9

Name of Person Reporting

Furgeson, William R.

VIII. ADDITIONAL INFORI."WATION OR EXPLANATIONS. (Indicateparto/RrporL)

Under Section VII, items listed on lines 6-39 are separate property that reporting person is handling but has no financial interest.

Date 01 Report

07/6/2010

rkparsons
Typewritten Text
Exhibit 3.3, Page 8 of 9
Page 37: Case MDL No. 2119 Document 198 Filed 02/02/12

Name of Person Reporting Date of ReportFINANCIAL DISCLOSURE REPORT

I Furgeson, William R.07/6/2010Page 9 of 9

IX. CERTIFICATION.

I certify that all information given above (including information pertaining to my spouse and minor or dependent children, if any) isaccurate, true, and �omplete to the best of my knowledge and belief~ and that any information not reported was withheld because it met applicable statutorypro~sions permitting non-disclosure.

I further certify that earned income from outside employment and honoraria and the acceptance of gifts which have been reported are incompliance ~vith the provisions of5 U.S.C. app. § 501 et. seq., 5 U.S.C. § 7353, and Judicial Conference regulations.

Signature_

NOTE: ANY INDIVIDUAL WHO KNOWINGLY AND WILFULLY FALSIFIF~AND CRIMINAL SANCTIONS (5 U.S.C. app. § 104)

FILING INSTRUCTIONS

Mail signed original and 3 additional copies to:

Committee on Financial DisclosureAdministrative Office of the United States CourtsSuite 2-301One Columbus Circle, N.E.Washington, D.C. 20544

Case MDL No. 2119 Document 198-5 Filed 02/02/12 Page 9 of 9I.,

FINANCIAL DISCLOSURE REPORT Page90f9

Name of Person Reporliog Oal. of Report

Furgeson, William R. 0716/2010

IX. CERTIFICATION.

I certify that all information gl\'en above (including information pertaining to my spouse and minor or dependent children, if any) is accurate, true, and complete to the best of my knowledge and belief, and that any information not reported was withheld because it met applicable statutory pro\lsions permitting non-disclosure.

I further certify that earned income from outside employment and honoraria and the acceptance of gifts which have been reported are in compliance with the pro\'isions of5 U.S.c. app. § 501 et. seq., 5 U.s.c. § 7353, and Judicial Conference regulations.

Signature

NOTE: ANY INDIVIDUAL WHO KNOWINGLY AND WILFULLY F ALSIFIF.<:TTFrorATI,"""TTJ"'PT"-";-'-'£r.'<"fn'CY£TR'""'-""I"X"'.--nCl':-:-ITTI<:Il"L:rC;"-lrlOCT-.::C:TTI , IL AND CRH'tIINAL SANCTIONS (5 U.S.c. app. § 104)

FILING INSTRUCTIONS

Mail signed original and 3 additional copies to:

Committee on Financial Disclosure Administrative Office of the United States Courts Suite 2-301 One Columbus Circle, N.E. Washington, D.C. 20544

rkparsons
Typewritten Text
Exhibit 3.3, Page 9 of 9
Page 38: Case MDL No. 2119 Document 198 Filed 02/02/12

,40 laRev. 1/2011

FINANCIAL DISCLOSURE REPORTFOR CALENDAR YEAR 2010

Report Required by the Ethicsin Govermnent Act of 1978(5 U.S.C. app..~¢~¢ 101-111)

I. Person Reporting (last name, first, middle initial)

Furgeson, William R.

4. Title (Article III judges indicate active or senior status;magistrate judges indicate full- or part-time)

Senior Status-Article IH Judge

7. Chambers or Office Address

U.S. CourthouseI 100 Commerce StreetDallas, Texas 75242

2. Court or Organization

USDCiTexas Western/Texas Northern

3. Date of Report

04/25/2011

5a. Report Type (check appropriate type)

] Nomination, Date

[] Initial [] Annual [] Final

5b. [] Amended Report

8.On the basis of the information contained in this Report and anymodifications pertaining therelo, it is, in my opinion, in �ompliance,~ith applicable laws and regulations.

6. Reporting Period

01/01/2010to

12/31/2010

Reviewing Officer Date

IMPORTANT NOTES: The instructions accompanying this form must be followe,t Complete all parts,checking the NONE box for each part where you have no reportable information. Sign on last page.

I. POSITIONS. (Reporting individual only; seepp. 9-13 of filing instructions.)

D (No reportablepositions.)NONE

POSITION

1. President-Elect

2. Member, Council Litigation Section of the State Bar of Texas

3. Member, Committee Law Focused Education, State Bar of Texas

4.

5.

NAME OF ORGANIZATION/ENTITY

Federal Judges Association

II. AGREEMENTS. IReponi.# individual only; see pp. 14-16 of filing instructions.)

~ (No reportable agreements.)NONE

DATE PARTIES AND TERMS

Fur.qeson, William R.

Case MDL No. 2119 Document 198-6 Filed 02/02/12 Page 1 of 9

AGIO Rev. 112011

FINANCIAL DISCLOSURE REPORT FOR CALENDAR YEAR 2010

I. Person Reporting (last name, lirst, middle initial) 2. Court or Organization

Furgeson, William R. USDCrrexas Westemrrexas Northern

4. Title (Article III jUdges indicate actin or senior status; Sa. Report Type (check appropriate type) magistrate judges indicate full- or pan-time)

0 Nomination, Date

Senior Status-Article III Judge 0 Initial 0 Annual

5b. 0 Amended Repon

0 Final

Report Required by the Ethics in GOI·emment Act 011978 (5 u.s.c. app. §§ /01-111)

3_ Date of Report

04/25/2011

6. Reporting Period

01/01/2010

to

12/31/2010

7. Chambers or Omce Address 8. On the basis of the information contained in this Report and any modilication. pertaining thereto, it is, in my opinion, in compliance

U.S. Courthouse l\ith applicable laws and regulations.

II ()() Commerce Street Dallas, Texas 75242

Re\iel\ing Omcer Date

IMPORTANT NOTES: The instructions accompanying this form must befollowed. Complete all parts,

checking the NONE box for each part where you have no reportable information. Sign on last page.

I. POSITI ONS. (R~porting individual only; set! pp. 9-/3 ofJiling instructions.)

D NONE (No reportable positions.)

POSITION NAME OF ORGANIZATION/ENTITY

I. President-Elect Federal Judges Association

2. Member, Council Litigation Section of the State Bar of Texas

3. Member, Committee Law Focused Education, State Bar of Texas

4.

5.

II. AGREEMENTS. (Reporting individual only; set! pp. 14-16 ofJiling instructions.)

[{] NONE (No reportable agreements.)

PARTIES AND TERMS

I.

2.

3.

FurQeson William R.

rkparsons
Typewritten Text
Exhibit 3.4, Page 1 of 9
Page 39: Case MDL No. 2119 Document 198 Filed 02/02/12

FINANCIAL DISCLOSURE REPORTPage 2 of 9

Name of Person Reporting

Furgeson, William R.

Date of Report

04/25/201 I

II I. NON-INVESTMENT INCOME. (Reporting indi,,idual andspouse; seepp. 17-24 of filing instructions.)

A. Filer’s Non-Investment Income

~] NONE (No reportable non-investment income.)

DATE SOURCE AND TYPE

2.

3.

4.

INCOME(yours, not spouse’s)

B. Spouse’s Non-Investment Income - If you were married during anyportion of the reporting year, complete this section.

(Dollar amount not required except for honoraria.)

~ (No reportable non-investment income.)NONE

1.2010

2.2010

3.

4.

DATE SOURCE AND TYPE

Dll Abestos Trust Salary

Law Offices of Stephen Malouf- Partnership Distribution

IV. REIMBURSEMENTS - transportation, lodging, food, entertainmenL(Includes those to spouse and dependent children; see pp. 25-27 of filing instructions.)

D NONE (No reportable reimbursements.)

SOURCE DATES LOCATION ITEMS PAID OR PROVIDED

I. State Bar of Texas 01/21/2010 - Austin, Texas Seminar Lodging, transportation, meals01/23/2010

2. State Bar of Texas 02/19/2010 - Lubbock, Texas Speech Transportation, meal02/19/2010

3. State Bar of Texas 04/16/2010 - Austin, Texas Speech Transportation04/17/2010

4. State Bar 0fTexas 04/22/2010- Sante Fe, New Mexico Retreat Lodging, transportation, meals04/24/2010

5. Corpus Christi Bar 05/I 1/2010 - Corpus Christi Speech Lodging, transportation, mealsAssociation 05/12/210

PURPOSE

Case MDL No. 2119 Document 198-6 Filed 02/02/12 Page 2 of 9

FINANCIAL DISCLOSURE REPORT

Page 2 of9

Name of Person Reporting

Furgeson, William R.

III. N ON-INVESTMENT IN CO ME. (R~poning indMdual and spous~; su pp. 17-24 o/filing instructions.)

A. Filer's Non-Investment Income

[Z] NONE (No reportable non-investment income.)

SOURCE AND TYPE

I.

2.

3.

4.

Date of Report

04/25/2011

INCOME (yours, not spouse's)

B. Spouse's Non-Investment Income - I/you HI"r" marri~d during any ponion ofthl!T~poning ,.('ar, complete this uction.

(Dollar amount not required except/or honoraria.)

D NONE (No reportable non-investment income.)

SOURCE AND TYPE

I. 2010 DII Abestos Trust Salary

2.2010 Law Offices of Stephen Malouf - Partnership Distribution

3.

4.

IV. REIMBURSEMENTS -transportation,lodging,food, ('nlertainmenL

(Includes those to spouse and dependent children; see pp. 25-27 offiling instructions.)

D NONE (No reportable reimbursements.)

SOURCE DATES LOCATION PURPOSE ITEMS PAID OR PROVIDED

I. State Bar of Texas 01/21/2010 - Austin, Texas Seminar Lodging, transportation, meals 01/23/2010

2. State Bar of Texas 02/19/2010 - Lubbock, Texas Speech Transportation, meal 02/19/2010

3. State Bar of Texas 04/16/20 I 0 - Austin, Texas Speech Transportation 04/17/2010

4. State Bar ofTexas 04/2212010 - Sante Fe, New Mexico Retreat Lodging, transportation. meals 04/2412010

5. Corpus Christi Bar 05/11/2010 - Corpus Christi Speech Lodging, transportation. meals Association 05/12/210

rkparsons
Typewritten Text
Exhibit 3.4, Page 2 of 9
Page 40: Case MDL No. 2119 Document 198 Filed 02/02/12

FINANCIAL DISCLOSURE REPORTPage 3 of 9

Name of Person Reporting

Furgeson, William R.

Date of Report

04/25/201 I

6. University of Texas at Austin/ 06/04/2010- Austin, Texas Speech TransportationCLE 06/04/2010

7. State Bar of Texas 06/09/2010 - Fort Worth, Texas Meeting Transportation06/I 1/2010

8. Office of Attorney General 07109/2010 - Austin, Texas Speech Transportation07/09/2010

9. State Bar of Texas 08105/2010 - San Antonio, Texas Seminar Transportation08/05/2010

10. State Bar of Texas 09/02/2010- Houston, Texas Speech Transportation, meal09/02/2010

I I. Texas Center for the Judiciary09/22/2010 - Corpus Christi, Texas Speech Transportation09/23/2010

12. American Bar Association 10/07/2010 - Houston, Texas Speech Lodging, transportation, mealsI 0/0812010

13. University of Texas at Austin/ 10/28/2010- Austin, Texas Speech Lodging, transportation, mealsCLE 10/29/2010

14. American Broad of Trial 11/04/2010- Midland, Texas Speech Lodging, tranportation, mealsLawyers 11/05/2010

15. Houston Federal Bar 11/15/2010- Houston, Texas Speech TransportationAssociation 11 / 15/2010

16. American Conference 12/08/2010 - New York, New York Speech Lodging, transportation, mealsInstitute 12/09/2010

17. New Orleans Federal Bar 12/14/2010- New Orleans, Louisana Speech Lodging, transportation, mealsAssociation 12/15/2010

Case MDL No. 2119 Document 198-6 Filed 02/02/12 Page 3 of 9

FINANCIAL DISCLOSURE REPORT Name of Person Reporting Date of Report

Page 3 of9 Furgeson, William R. 04/25/2011

6. University of Texas at Austin! 06/04/2010 - Austin, Texas Speech Transportation

ClE 06/0412010

7. State Bar of Texas 06/0912010 - Fort Worth, Texas Meeting Transportation 06/11/2010

8. Office of Attorney General 07/09/2010 - Austin, Texas Speech Transportation 07/0912010

9. State Bar of Texas 08/05/2010 - San Antonio, Texas Seminar Transportation 08/0512010

10. State Bar of Texas 09/0212010 - Houston, Texas Speech Transportation, meal 09/0212010

II. Texas Center for the Judiciary 0912212010 - Corpus Christi, Texas Speech Transportation 09/23/2010

12. American Bar Association 10/07/2010 - Houston, Texas Speech lodging, transportation, meals 10/08/2010

13. University of Texas at Austin! 10/28/2010 - Austin, Texas Speech lodging, transportation, meals ClE 10/29/2010

14. American Broad of Trial 11/04/2010 - Midland, Texas Speech lodging, tranportation, meals lawyers 11105/2010

15. Houston Federal Bar 11/15/2010 - Houston, Texas Speech Transportation Association 11/15/2010

16. American Conference 12/08/2010 - New York, New York Speech lodging, transportation, meals Institute 12/09/2010

17. New Orleans Federal Bar 12/14/2010 - New Orleans, louisana Speech lodging, transportation, meals Association 12/15/2010

rkparsons
Typewritten Text
Exhibit 3.4, Page 3 of 9
Page 41: Case MDL No. 2119 Document 198 Filed 02/02/12

FINANCIAL DISCLOSURE REPORTPage 4 of 9

Name of Person Reporting

Furgeson, William R.

Date of Report

04/25/201 I

V. GIFTS. an ct,de~ ,hos, to spo.~e o,d ae~,end, nt children; see pp. 28-31 ol"fiting instructions.)

NONE (No reportable gifts.)

SOURCE DESCRIPTION

I.

2.

3.

4.

5.

VALUE

Vl. LIABILITIES. a.a,des ,hose olspous, o.d d,pende,, children; see pp. 32-33 of filing instructions.)

D (No reportable liabilities.)NONE

CREDITOR DESCRIPTION VALUE CODE

1. USAA Credit Card K

2. William D. Ford Federal Direct Loan Student Loan MProgram - US Dept of Education

3. Sally Mae Student Loan L

4. Citi Bank Credit Card K

5. Citi Bank Credit Card K

Case MDL No. 2119 Document 198-6 Filed 02/02/12 Page 4 of 9

FINANCIAL DISCLOSURE REPORT

Page 4 of9

Name of Person Reporting

Furgeson, William R.

V. G IFTS. (Inrlud~s those 10 spouse and d~p~ndent children: su pp. 28-1 I ofJiling instrue/ions.)

[{] NONE (No reportable gifts.)

SOURCE DESCRIPTION

I.

2.

3.

4.

5.

VI. LIABILITIES. (Inrlud~s those of spouse and d~pendent children: see pp. 12-33 ofJiling instructions.)

D NONE (No reportable liabilities.)

CREDITOR DESCRIPTION

I. USAA Credit Card

2. William D. Ford Federal Direct Loan Student Loan Program - US Dept of Education

3. Sally Mae Student Loan

4. Cili Bank Credit Card

5. Cili Bank Credit Card

Date of Report

04/25/2011

VALUE

VALUE CODE

K

M

L

K

K

rkparsons
Typewritten Text
Exhibit 3.4, Page 4 of 9
Page 42: Case MDL No. 2119 Document 198 Filed 02/02/12

FINANCIAL DISCLOSURE REPORTPage 5 of 9

Name of Person Reporting

Furgeson, William R.

Date of Report

04/25/201 I

VII. INVESTMENTS and TRUSTS - income, ,’alue, transactions (Includes those of spouse and dependent children; see pp. 34-60 of filing instructions.)

NONE (No reportable income, assets, or transactions.)

A. B. C. D.

Description of Assets Income during Gross value at end Transactions during reporting period

(including trust assets) reporting period of reporting period

O) (2) (l) (2) O) (2) (3) (4) (5)Gain Identity ofPlace "(X)" after each asset Amount Type (e.g., Value Value Type (e.g., Date Value

exempt from prior disclosure Code I div., rent, Code 2 Method buy, sell, mrrddd/yy Code 2 [ Code I buyer/seller(A-H) orint.) (.I-P) Code 3 redemption) 0-P) I (A-H) (ifprivale

[ transaction)(Q-W) I

I. Wells Fargo Bank AccJ

2. USAA Brokerage Svc. Acct #2 -~l

A Interest

3. Tax Exempt Money Mkt Fund A Interest J T

4. USAA Bank Acct - .~ A Interest

5. Bank of Texas .~ A Interest

6. Trust Account #1 g

7. USAA GNMA Trust None

J

J

T

T

Sold 02/03/10 J A

8. USAA Growlh & Income Fund None Sold 02/03/I 0 K A

9. USAA Income Fund None Sold 02/03/10 J A

10. USAA Intermed- Term Bond Fund None Sold 02/03/10 K A

I I. USSA Money Market Fund A Interest J T

12. USAA S&P 500 Index Fund Member Share None Sold 02/03/10 K A

13. USAA Short-Term Bond Fund A Dividend L T

14. USAA High Yield Opportunities Fund None Sold 02/03/I 0 J A

15. USAATax Exempt Money MarketFund A Interest K T Buy 02/03/10 K

16. Trust Account #2

17. USAAGNMATrust A Dividend Sold I 1/01/10 K A

I. Income Gain Codcs: A $1,000 or less B -$1,001 - $2,500 C =$2,501 - $5,000 D =$5,001 - $15,000

/See Columns B I and D4) F -$50.001 - $100.000 G =$100.001 - $I.0~0.000 HI =$1.000.001 - $5.000.00~ H2 More than $5,000.000

2. Value Codes J =$15,000 or Icss K $15.001 - $50.000 L =$50,001 - $100,000 M $100,001 - $250,000

(S¢¢ Columns C I and D3) N =$250.001 - $500.000 O =$500.001 - $1,000.000 PI =$1.000.001 - $5.000.000 P2 =$5.000,001 - $25.000.000

P3 -$25.000.001 - $50.000.000 P4 =More than $50.000.000

3. Value Method Codes Q =Appraisal R -Cost (Real Estate Only) S =Assessment T Cash Market

{See Colunm C2) U = Book Value V -Other W = Eslimated

E =$15,001 - $50,000

Case MDL No. 2119 Document 198-6 Filed 02/02/12 Page 5 of 9

FINANCIAL DISCLOSURE REPORT

Page 5 of9

Name of Person Reporting

Furgeson, William R.

Date of Report

04/25/2011

VII. INVESTMENTS and TRUSTS - incom~, I'alu~,transactions (Includ~s thos~ ofspous~ and depmdent children; su pp. 34-60 offiling instructions.)

D NONE (No reportable income, assets, or transactions.)

A. B. e. D.

Description of Assets Income during Gross value at end Transactions during reponing period

(including trust assets) reponing period of reponing period

(I) (2) (\) (2) (I) (2) (3) (4) (5)

Place "(Xl" after each asset Amount Type (e.g., Value Value Type (e.g., Date Value Gain Identity of

exempt from prior disclosure Code I div., rent. Code 2 Method buy, sell, mmlddlyy Code 2 Code I buyer/seller (A-H) or intI (J·P) Code 3 redemption) (J-P) (A·H) (if private

(Q·W) transaction)

I. Wells Fargo Bank Acc_ A Interest J T

2. USA A Brokerage Svc. Acc! #2 -1lII

3. Tax Exempt Money Mkt Fund A Interest J T

4. USAA Bank Acct - • A Interest J T

5. Bank of Texas .. A Interest J T

6. Trust Account #1 ...

7. USAA GNMA Trust None Sold 02/03/10 J A

8. USAA Growth & Income Fund None Sold 02/03110 K A

9. USAA Income Fund None Sold 02/03110 J A

10. USAA Intermed - Term Bond Fund None Sold 02/03110 K A

II. USSA Money Market Fund A Interest J T

12. USAA S&P 500 Index Fund Member Share None Sold 02/03110 K A

13. USAA Short-Term Bond Fund A Dividend L T

14. USAA High Yield Opportunities Fund None Sold 02/03/10 J A

15. USAA Tax Exempt Money MarketFund A Interest K T Buy 02/03/10 K

16. Trust Account #2

17. USAA GNMA Trust A Dividend Sold 11/01/10 K A

I. Income Gain Codes: A =$ 1,000 or Ic~s B ~5I,OO I • $2,500 C ~52,501 - 55.000 D ~55.00 I - 515,000 E ~S IS,OO I - 550,000

(SceColumnsBland [).l) F 0550.001 - 5100.000 G =SIOO.OOI. SI.ooo.ooo HI =51.000.001 - SS.OOO.OOO H2 ~More than 55.000.000

2. V .. luc C'odc:s J =S 15,000 (IT less K ~5IS.001 - $50.000 L ~550.001 • $100.000 M ~5100.001 - 52S0.OOO

(SceColumnsCland DJ) N =S250.001 • $500.000 o ~S500.00I. 51.000.000 P I ~51.ooo.00 I - $S.ooo.ooo P2 ~S5.ooo.001 • $25.000.000

PJ ~S25.ooo.001 - S50.OOO.000 P4 ~More than 550.000.000

3. Value Method CodC'S Q ~ArrrJiS<lI R ~Cost (Real Estate Only) S =Asscs::;mcnt T =Ca~h Markel

(Sec Column (2) U =Book Value V ~Other W =btimatcd

rkparsons
Typewritten Text
Exhibit 3.4, Page 5 of 9
Page 43: Case MDL No. 2119 Document 198 Filed 02/02/12

FINANCIAL DISCLOSURE REPORTPage 6 of 9

Name of Person Reporting

Furgeson, William R.

Date of Report

04/25/2011

VII. INVESTMENTS and TRUSTS - inco.,e, ,,alue. transactions (Includes those of spouse and dependent children; seepp. 34-60 of filing instruction~.)

NONE (No reportable income, assets, or transactions.)

Description of Assets Income during(including trust assets) reporting period

O) (2)Place "(X)" after each asset Amount Type (e.g.,

exempt from prior disclosure Code I div., rent,(A-H) or int.)

Gross value at end

of reporting period

(I) (2)

Value ValueCode 2 Method(J-P) Code 3

(Q-W)

O)Tyl~ (e.g.,

buy, sell,

redemption)

Transactions during reporting period

(2) (3) (4)

Date Value Gain

mm/dd/yy Code2 Code 1

(J-P) (A-H)

(5)Identity of

buyer/seller(if private

transaction)

18. USAA Growth & Income Fund None Sold I 1/01/I0 K A

19. USAA Income Fund None Sold I 1/01/10 K A

20. USAA - Intermed - Term Bond Fund None Sold 11/01/10 L A

21. USAA Money Market Fund A Interest J T

22. USAA S&P Index Fund Member Share A Dividend K T

Buy I 1/01/10 K

23. USAA Short- Term Bond Fund A Dividend

24. Tax Exempt Money Market Fund A Interest

25. Trust Account #3-~

26. American Mutual Fundlnc A Dividend

K

Sold I 1/01/10 :

T Buy I 1/01/10

T

L

K

27. Income Fund of America A Dividend K T

28. Washington Mutual Inv Fund Inc

29. Enterprise Prod Ptrs

30. Exxon Mobil

31. Trust #4-~

32. American Mutual Fundlnc

A Dividend

A Dividend

A Dividend

A Dividend

J

J

J

T

T

T

T

33. Income FundofAmerica lnc A Dividend K T

34. Washington Mutual lnv Fund Inc A Dividend J T

I. Income Gain Codes:

ISce Columns BI and D4)2.Value Codes

(See Columns C I and D3)

3. Value Method Codes

~See Column C2)

A=$1,000 or less

F =$50.001 -J=$15,000 or less

N =$250.001 - $500,0~0

P3-$25,000,001 - $50.000.000

Q=Appraisal

U =Book Value

B =$1,001 - $2,500

G=$100,001 - $1,0~,0~

K =$15,001 - $50,000

O=$500.001 - $ 1,0~0,000

R -Cost (Real Estate Only)V -Other

C =$2,501 - $5,000H 1 = $ 1,009,001 - $ 5,00~.0~0L =$50.001 - $100,000

PI =$1,000,001 - $5,1)00,090P4 -More Ihan $50,000,00~S =AssessmentW =Estimated

D =$5,001 - $15,000

H2 =More than $5,000,000M =$100,001 - $250,000P2 =$5,000,001 - $25,000,000

T =Cash Market

E =$15,001 - $50,000

Case MDL No. 2119 Document 198-6 Filed 02/02/12 Page 6 of 9

FINANCIAL DISCLOSURE REPORT

Page 6 of9

Name of Person Reporting

Furgeson, William R.

Date of Report

04/25/2011

VII. INVESTMENTS and TRUSTS - income, ,'alue, transactions (Includes those o/spouse and dependent children; set pp. 34-60 o/filing instructions.)

D NONE (No reportable income, assets, or transactions.)

A. 13. C. D.

Description of Assets Income during Gross value at end Transactions during reponing period

(including trust assets) reponing period of reponing period

(I) (2) (I) (2) (I) (2) (3) (4) (5)

Place "(X)" after each asset Amount Type (e.g., Value Value Type (e.g., Date Value Gain Identity of

exempt from prior disclosure Code I div., renl, Code 2 Method buy, sell, mmlddlyy Code 2 Code I buyer/seller (A·H) or int.) (J·P) Code 3 redemption) (J-P) (A·H) (if private

(Q·W) transaction)

18. USAA Growth & Income Fund None Sold 11/01/10 K A

19. USAA Income Fund None Sold \\/0\/\0 K A

20. USAA - [ntermed - Term Bond Fund None Sold 11/0[/10 L A

21. USAA Money Market Fund A Interest J T Buy 11/01/10 K

22. USAA S&P Index Fund Member Share A Dividend K T

23. USAA Short - Term Bond Fund A Dividend Sold 11/01/10 L

24. Tax Exempt Money Market Fund A Interest K T Buy 11/01/10 K

25. Trust Account #3 -_

26. American Mutual Fund Inc A Dividend J T

27. Income Fund of America A Dividend K T

28. Washington Mutuallnv Fund Inc A Dividend J T

29. Enterprise Prod Ptrs A Dividend J T

30. Exxon Mobil A Dividend J T

31. Trust#4-_

32. American Mutual Fund Inc A Dividend J T

33. Income Fund of America Inc A Dividend K T

34. Washington Mutuallnv Fund Inc A Dividend J T

I. Income Gain Codes: A =$ I ,000 or less 8 =5 I ,00 I - 52,500 C =$2,50 I - 55,000 D=55,OOI -5t5,OOO E =$ I 5,00 I - S50,OOO

(Sec ("olwnns 8 I and [).I) F =550.00 I - 5 I 00,000 G =5100,001· 5t,OOO.000 HI =$1.000,001 ·$5,000.000 H2 =More lilan S5,OOO,OOO

2. Value Codes J =5 I 5,000 or less K =515.001 - 550,000 L =550,001 - 5100,000 M =$100,001 - 5250,000

(Sec Columns ("I andDJ) N =5250.001 - 5500,000 o =5500.00 I - 5 I ,000,000 PI =51,000,001 - 55,000,000 P2 =$5,000,00 I - 525,000,000

P 3 =525,000,00 I ·550.000.000 P4 =More than 550,000,000

3. Value Method CodC'S Q =Apprnisal R =CO~I (Real Eslalc Only) S =Asscssmcnl T =Cash Market

(Sec ("olumn ("2) U =Book Value V =Other W =E~limatcd

rkparsons
Typewritten Text
Exhibit 3.4, Page 6 of 9
Page 44: Case MDL No. 2119 Document 198 Filed 02/02/12

FINANCIAL DISCLOSURE REPORTPage 7 of 9

Name of Person Reporting

Furgeson, William IL

Date of Report

04/25/201 I

VII. INVESTMENTS and TRUSTS - income, value, transactions (Includes those of spouse and dependent children; seepp. 34-60 of filing instructions.)

NONE (No reportable income, assets, or transactions.)

Description of Assets Income during

(including trust assets) reporting period

O) (2)Place "(X)" after each asset Amount Type (e.g.,

exempt from prior disclosure Code I div., rent,(A-H) or int.)

Gross value at endof reporting period(I) (2)

Value ValfieCode 2 Method(J-P) Code 3

(Q-W)

O)Type (e.g.,buy, sell,

redemption)

Transactions during reporting period

(2) (3) (4)Date Value Gain

mm/dd/yy Code 2 Code 1(J-P) (A-H)

(5)Identity of

buyer/seller(if private

transaction)

35. Enterprise Prod Ptrs

36. Exxon Mobil

37. Capital Income Builder

38. USAACD~

39. USAA Performance First Index Savings-

40. USAA Performance First Index Savings -

41. USAA Performance First Index Savings -

42. PNB-CD

43. PNB Bank Account~

A Dividend

A Dividend

A Dividend

A Interest

A Interest

B Interest

A Interest

A Interest

A Interest

J

J

K

J

L

J

T

T

T Buy

Sold

T Sold

T Sold

T

T Buy

T Buy

11/10/10 K

11/01/10 M A

11/01/10 L A

11/01/10 K A

12/05/10 L A

12105110 J A

I. Income Gain Codes: A =$1.000 or less B =$1,001 - $2,500 C =$2,501 - $5,000

(See Columns B I and D4) F =$50.091 - $100.000 G =$100,001 - $1,000.000 HI =$1,000.001 - $5,00~.0~0

2. Value Codes J =$15.000 or less K =$15,001 - $ 50,000 L =$50.001 - $ 100,0OO

(See Columns CI and D3) N =$250.001 - $500.000 O =$500.0OI - $1,090,000 PI =$1,000,001 - $5.000.000

P3 =$25,000.001 - $50.0~0,000 P4 =More than $50,000,0003. Value Method Codes Q -Appraisal R =Cost (Real Estate Only) S =Assessment

(See Column C2) U =Book Value V =Other W =Estimated

D =$5,001 - $15,000H2 =More than $5.000,0~0

M =$100,001 - $250.009P2 =$5,000,001 - $25.000,000

T -Cash Market

E =$15,001 - $50,000

Case MDL No. 2119 Document 198-6 Filed 02/02/12 Page 7 of 9

FINANCIAL DISCLOSURE REPORT

Page 7 of9

Name of Penon Reporting

Furgeson, William R.

Date of Report

04/25/2011

VII. INVESTMENTS and TRUSTS - income, value, transactions (Includes those o/spouse and dependent children; see pp. 34-60 o/filing instructions.)

o NONE (No reportable income, assets, or transactions.)

A. B. C. D.

Description of Assets Income during Gross value at end Transactions during reporting period

(including trust assets) reponing period of reponing period

(I) (2) (I) (2) (I) (2) (3) (4) (5)

Place "(Xl" after each asset Amount Type (e.g., Value Vahle Type (e.g., Date Value Gain Identity of

exempt from prior disclosure Code I div., rent, Code 2 Method buy, sell, mmlddlyy Code 2 Code I buyer/seller (A-H) or int.) (J-P) Code 3 redemption) (J-P) (A-H) (ifprivate

(Q-W) transaction)

35. Enterprise Prod Ptrs A Dividend J T

36. Exxon Mobil A Dividend J T

37. Capital Income Builder A Dividend K T Buy 11/10/10 K

38. USAACO_ A Interest Sold 11/01110 M A

39. USAA Performance First Index Savings - A Interest J T Sold 11/01/10 L A -40. USAA Performance First Index Savings - B Interest K T Sold 11101/10 K A -41. USAA Performance First Index Savings - A Interest J T -42. PNB-CD-_ A Interest L T Buy 12/05/10 L A

43. PNB Bank Account_ A Interest J T Buy 12/05/10 J A

I. Income Gain Codes: A =$1.000 or lc>s B =$1,001 - $2,500 C =$2,50 I • $5,000 D =$5.00 I • $15.000 E =$1 5.001 - $50.000

(See Columns B I and [).I) F =$50.001 - $100.000 G =SIOO.OOI - SI.OOO.OOO HI =$1,000.001 - $S,OOO.OOO H2 =More than $5.000.000

2. Value Codes J =$ IS.OOO or less K =$IS.OOI - $SO,OOO L =$50.001 - $100.000 M =$100.001 - S250.000

(Sec Columns CI and D3) N =$250.001 - $SOO.OOO o =$SOO.OO I - $ 1,000.000 PI =$1,000,001 - $5.000.000 P2 =S5.000,OOI - S25.000.000

P3 =S1S.000.001 - $50.000.000 P4 =More than $50,000.000

3. Value Method Codes Q =Apprdisal R =Cost (Real Estate Only) S =Asscssmcnt T =Cash Market

(Sec Column C2) U =Boo\.; Value V =Othcr W =EstimJlcd

rkparsons
Typewritten Text
Exhibit 3.4, Page 7 of 9
Page 45: Case MDL No. 2119 Document 198 Filed 02/02/12

FINANCIAL DISCLOSURE REPORTPage 8 of 9

Name of Person Reporting

Furgeson, William R.

Date of Report

04/25/201 I

VIII. ADDITIONAL INFORMATION OR EXPLANATIONS. (lndicate part of report.)

Under Section VII, items listed on lines 6-43 are separate property that reporting person is handling but has no financial interest.

Case MDL No. 2119 Document 198-6 Filed 02/02/12 Page 8 of 9

FINANCIAL DISCLOSURE REPORT

Page 8 of9

Name of Person Reporting

Furgeson, William R.

VIII. ADDITIONAL INFORMATION OR EXPLANATIONS. (Indicateparto!report.)

Under Section VII, items listed on lines 6-43 are separate property that reporting person is handling but has no financial interest.

Date of Report

04/25/2011

rkparsons
Typewritten Text
Exhibit 3.4, Page 8 of 9
Page 46: Case MDL No. 2119 Document 198 Filed 02/02/12

FINANCIAL DISCLOSURE REPORTPage 9 of 9

Name of Person Reporting

Furgeson, \Villiam R.

Date of Report

04/25/201 I

IX. CERTIFICATION.

I certify that all information given above (including information pertaining to my spouse and minor or dependent children, if any) isaccurate, true, and complete to the best of my knowledge and belief, and that any information not reported was withheld because it met applicable statutoryprovisions permitting non-disclosure.

! further certify that earned income from outside employment and honoraria and the acceptance of gifts which have been reported are incompliance with the provisions of 5 U.S.C. app. § 501 et. seq., 5 U.S.C. § 7353, and Judicial Conference regulations.

Signature

NOTE: ANY INDIVIDUAL WHO KNOWINGLY AND WILFULLY FALSIFIES OR FALLS TO FILE THIS REPORT MAY BE SUBJECT TO CIVILAND CRIMINAL SANCTIONS (5 U.S.C. app. § 104)

Committee on Financial DisclosureAdministrative Office of the United States CourtsSuite 2-301One Columbus Circle, N.E.Washington, D.C. 20544

Case MDL No. 2119 Document 198-6 Filed 02/02/12 Page 9 of 9

FINANCIAL DISCLOSURE REPORT

Page 9 of9

Name of Person Reporting Date of Report

Furgeson, William R. 04/25/2011

IX. CERTIFICATION.

I certify that all information given above (including information pertaining to my spouse and minor or dependent children, if any) is accurate, true, and complete to the best of my knowledge and belief, and that any information not reported was withheld because it met applicable statutory provisions permitting non-disclosure.

I further certify that earned income from outside employment and honoraria and the acceptance of gifts which have been reported are in compliance with the pro\isions of 5 U.S.c. app. § 501 d. seq .. 5 U.S.c. § 7353, and Judicial Conference regulations.

Signature _______________________ _

NOTE: ANY INDIVIDUAL WHO KNOWINGLY AND WILFULLY FALSIFIES OR FAILS TO FILE THIS REPORT MAY BE SUBJECT TO CIVIL AND CRIMINAL SANCTIONS (5 U.S.c. app. § 104)

Committee on Financial Disclosure Administrative Office of the United States Courts Suite 2-301 One Columbus Circle, N.E. Washington, D.C. 20544

rkparsons
Typewritten Text
Exhibit 3.4, Page 9 of 9