Eastern Profit Corporation Limited v. Strategic Vision US LLC

Exhibit PP

Southern District of New York, nysd-1:2018-cv-02185

Current View

Full Text

3 Exhibit PP 3 SASHA GONG 11/26/2019 Page 1 Page 3 1 THE UNITED STATES DISTRICT COURT 1 CONTENTS FOR THE SOUTHERN DISTRICT OF NEW YORK 2 Page 2 3 3 Stipulations ............................... 4 EASTERN PROFIT) CORPORATION LIMITED,) 4 Direct Examination by Mr. Greim ............ 7 4) 5 Cross-examination by Ms. Cline ............. 171 Plaintiff/) 6 Reporter's Certificate ..................... 221 5 Counterclaim Defendant,) 7) 8 6 vs.) NO. 18-cv-2185(JGK)) 9 ****** 7) 10 STRATEGIC VISION US, LLC,) 11 INDEX OF EXHIBITS 8) 12 Page Defendant/) 13 Exhibit Number 1 (Subpoena) ................ 7 9 Counterclaim Plaintiff,) 10 14 11 ****** 12 15 13 VIDEOTAPED DEPOSITION OF SASHA GONG (Exhibit was retained) 14 TAKEN ON BEHALF OF THE 16 15 DEFENDANT/COUNTERCLAIM PLAINTIFF 17 16 IN WASHINGTON, DC 17 ON NOVEMBER 26, 2019 18 18 19 19 REPORTED BY: JANA C. HAZELBAKER, CSR 20 20 21 21 22 22 23 23 24 24 25 25 Page 2 Page 4 1 APPEARANCES 1 STIPULATIONS 2 2 IT IS HEREBY STIPULATED AND AGREED by and 3 3 among the attorneys for the respective parties hereto 4 For the Plaintiff/ Joanna J. Cline Counterclaim Defendant: Pepper, Hamilton, LLP 4 that the videotaped deposition of SASHA GONG, may be 5 1313 North Market Street 5 taken on behalf of the DEFENDANT/COUNTERCLAIM Suite 5100 6 PLAINTIFF, on NOVEMBER 26, 2019, in WASHINGTON, DC, 6 Wilmington, DE 19899 7 by Jana C. Hazelbaker, Certified Shorthand Reporter (302)777-6542 7 clinej@pepperlaw.com 8 within and for the State of Oklahoma, pursuant to 8 9 Subpoena. 9 For the Defendant/ Edward D Greim 10 IT IS FURTHER STIPULATED AND AGREED by and Counterclaim Plaintiff: Graves, Garrett, LLC 10 1100 Main Street 11 among the attorneys for the respective parties hereto Suite 2700 12 that all objections, except as to the form of the 11 Kansas City, MO 64105 13 question, are reserved until the time of trial, at (816)256-3181 14 which time they may be made with the same force and 12 edgreim@gravesgarrett.com 13 15 effect as if made at the time of the taking of this 14 Videographer: Steven Jones 16 deposition. 15 17 ****** 16 Also Present: French Wallop Michael Waller 18 17 19 18 20 19 21 20 21 22 22 23 23 24 24 25 25 1 (Pages 1 to 4) ALARIS LITIGATION SERVICES www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 3 SASHA GONG 11/26/2019 Page 9 Page 11 1 Q Very -- very well. And, also, if you don't 1 Q Now, let me -- let me stop you for a second 2 understand one of my questions, I would like you to 2 here. So you were arrested in 1977, but released in 3 please let me know that. 3 1978? 4 Will you do that? 4 A Yes. 5 A Of course I will do that. 5 Q Okay. And then -- so then what happened 6 Q Very good. 6 after you were released? 7 A Never answer questions which I don't 7 A The release -- for a few months I was still 8 understand. 8 under government official surveillance, so they have 9 Q Okay. Well, with that background, let's -- 9 two people -- you know, every day I go to work the 10 let's jump into this. 10 two people would sit next to me and work with me, but 11 Now, Ms. Gong, I understand that you were 11 I have to report, say, "I'm going to the bathroom." 12 born in China and emigrated to the United States at 12 "You're going to the bathroom." 13 some point; is that right? 13 And "I'm going home." 14 A Yes. I was born in 1956 in China, and I 14 "You're going home." 15 came to study in the United States of America in 15 Watching when you get home -- and my mother 16 1987. Later I got my citizenship, in 2001. 16 actually helped them to report down everywhere you 17 Q Okay. Could you just tell me about your -- 17 went, I got home and stuff like that. That's 18 just generally, about your life in China before you 18 official surveillance. 19 came here to study in 1987? 19 Q So how long did that persist? 20 A That's a couple books. I only wrote one on 20 A For -- for, like, yeah, another 11 months 21 this. Several -- well, I came here -- I was born in 21 or something until -- until the end -- no, not -- 22 China in family of intellectuals. 22 nine -- nine months, until the end of 2000- -- well, 23 And in 1965, my family was accused of being 23 no, '7- -- gosh, 1978. The end -- the last day of 24 counterrevolutionary and we were sent to countryside. 24 1978. 25 So my education stop, but -- at third grade. And I 25 That was when Mr. Xi Zhongxun -- last Page 10 Page 12 1 work in countryside for a few years, and later I was 1 name Xi, X-i, first name Z-h-o-n-g-x-u-n -- he was 2 assigned to work in a factory, so I was a mechanic 2 in -- in China, he was persecuted by Mao, a Chinese 3 and a factory worker for seven years. 3 official -- sorry about that -- and he was -- he was 4 In 1974, before my 18th birthday, I got 4 jailed for 16 years. 5 involved -- you know, after reading books and reading 5 At that time, he was assigned to work as 6 articles, I got involved in the underground protest 6 the number one, the party's secretary in my province, 7 movement, which was a nationally famous case, very 7 Guangdong Province. Guangdong spelled like 8 famous case. And we got persecuted, gradually 8 G-u-a-n-g-d-o-n-g. So he released my entire group. 9 everybody got arrested and put in jail, detention, 9 By the way, it's very important to notice 10 interment, whatever you call it. 10 that Mr. Xi Zhongxun was the father of 11 I was detained a couple of times, and then 11 Mr. Xi Jinping, who is China's president now. 12 later in early 1977, I don't remember the date, I was 12 Q Okay. Okay. Well, tell me, at -- so 13 arrested and I stay in jail for 11 months, almost a 13 after -- after your probation ended, what happened 14 year. I -- a few days short for a year. 14 next? 15 And I was lucky at that time because, you 15 A I -- I was given back the full right of 16 know, my -- the allegation was I wrote so much 16 the -- of a Chinese citizen. So Mr. Xi actually 17 criticizing the Communist Party, I participate in 17 asked me, "What do you want to do?" 18 underground movement. The accusation was we tried to 18 I said, "My intention is to go to college." 19 overthrown the government, which was not accurate. 19 And college were closed by Mao for 12 years. It was 20 I -- I'm -- I just -- we just criticize them. 20 re-opened and -- in 1978. And 1970- -- so everybody, 21 So what happened is that Mao died in '76 21 you know, grad- -- high school graduate for 12 years 22 and the things change dramatically in late '77. I 22 jumping to taking the college exam. 23 was released in 1978, but still put under 23 And I took the college exam in 1979, the 24 surveillance and -- to go back to work in the 24 first time, and I was very lucky, even only with 25 factory. 25 three years of education before. I got the first 3 (Pages 9 to 12) ALARIS LITIGATION SERVICES www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 3 SASHA GONG 11/26/2019 Page 13 Page 15 1 among my province, 200,000 people. I was told I was 1 A Oh, yes. 2 ranked among top ten -- I mean, ten people in China. 2 Q Okay. 3 That top ten people don't mean ten/ten because a lot 3 A Very much. And I think the entire Chinese 4 of people got the same scores, but it was a great 4 dissident movement can testify for me. In fact, 5 honor. And then I went to Peking University, the 5 before I went to Peking U, my group, who was just 6 best one in China. That one -- I was very happy. 6 exonerated, made the connection with the major 7 Q Okay. When did you graduate from Peking 7 dissident group in Beijing. 8 University? 8 And the head of that one has died. One is 9 A I graduated from Peking University in 1983, 9 in New York. I just int- -- gave him a long 10 and then I went to the graduate program. I 10 interview. Anyway, he was the first person -- that 11 studied -- I studied 20 -- I studied British Empire 11 protest underground group was the first person I met 12 and the British Empire Triangle Trade and the history 12 in Beijing. I jump in immediately. 13 of British Empire and wrote a lot of articles on 13 Everybody in Beijing at times who has spent 14 that. 14 time in jail, who was under -- who was in underground 15 So I graduated in 1986 from Peking 15 movement, everybody knows me. I was extremely 16 University with a master's degree, and I -- at that 16 active. 17 time, for very -- Americans with -- looks like very a 17 Q Okay. Let me ask you, after you came to 18 very silly reason why you would go abroad, because we 18 the United States, I think you testified you came in 19 have a severe housing shortage. 19 19 -- 20 My husband and I got married for three 20 A '87. 21 years and we have no place to go, no place to live. 21 Q -- '87. Okay. After you came to the 22 So we said how about try America? 22 United States, did you sever your ties with the 23 So we go -- we both applied to American 23 protest movement in China? 24 schools. He was re- -- he was accepted by Harvard in 24 A No. No. I -- I have been there for 45 25 1986. I was accepted by Harvard in 1988. Both of us 25 years. I'm -- you know, I'm one -- I'm one of the -- Page 14 Page 16 1 were accepted in Ph.D. programs, but I came to 1 the most senior, in a way, dissident in China because 2 Harvard as a -- as a visiting scholar the year 2 this year is my 45th year in the dissident movement. 3 before. 3 And I wrote articles, and I even ask all 4 Q All right. Let me -- let's continue with 4 the Tiananmen leader, and ask why so many people -- 5 the questioning. So let me -- let me ask you, during 5 after they left the state, they ended up in Boston. 6 the time that you were in university and the graduate 6 That was because of me. 7 program, were you performing any kind of function or 7 I helped everybody and I, you know, helped 8 role for the government in China? 8 them full-heartedly, long record, never interrupted 9 A The Chinese government? 9 by anything. 10 Q Right. 10 Q Is there such a thing as a Chinese 11 A No. 11 dissident movement in the United States? 12 Q Okay. 12 A Yes. 13 A Not only that, I'm a very rare one because 13 MS. CLINE: Objection to form. 14 usually, you know, in China when you reach nine years 14 THE WITNESS: Oh, sorry. You -- your 15 old you become a Young Pioneer, and then later it -- 15 objection? 16 into the young -- Young Communist Youth Lead and 16 There is a movement. 17 something in Communist Party. 17 MS. CLINE: I'm just objecting to the form 18 I was never in because when I was nine, my 18 of his question. You can go ahead and answer it. 19 family was kicked out. So, luckily, I was always the 19 Q (By Mr. Greim) You -- you can go ahead. 20 target of the government, never part of the 20 You can complete your answer. 21 government. 21 A Yes, of course, I am part of it, and their 22 Q Okay. Well, let me ask you the other 22 organizations. You know, these people may have, 23 question then. During your time at Peking University 23 well, difficulties in learning English or making a 24 and in graduate school, did you -- were you part of 24 living. I considered myself very lucky, but we never 25 any sort of protest movement? 25 stopped fighting dictatorship. 4 (Pages 13 to 16) ALARIS LITIGATION SERVICES www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 3 SASHA GONG 11/26/2019 Page 17 Page 19 1 We think it's our duty. That's my life and 1 I was using a cookbook form. It's called a cultural 2 that -- that will be my life in the future, to fight 2 revolution cookbook. I was using the cookbook form 3 dictatorship. That's what I have done. That's what 3 to tell people the -- the persecution, the stories 4 I paid the price for. And that's what I will do. 4 of -- the ridiculous of the revolution, the Mao 5 Q Okay. And, of course, you're in the U.S. 5 revolution. 6 and not in China, so I guess my question is, how -- 6 Q Now, Ms. Gong, here's what we're going to 7 when you say you're "fighting dictatorship," what 7 do. Thank -- thank you very much for your testimony 8 concrete activities are you doing in the U.S. to 8 here, but we're going to try to make sure we have 9 fight a