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Strategies & Market Trends : Anthony @ Equity Investigations, Dear Anthony,

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To: the_worm06 who wrote (92754)10/11/2005 4:48:03 PM
From: Maurice Winn   of 122087
 
<1. Did Anthony E. receive confidential information about public companies from the FBI?

2. Did Anthony E. trade on this confidential information about companies from the FBI?

3. Did Anthony E. receive confidential information from the FBI about the investigation that was initiated on him.

4. Did Anthony E. get caught with false identification information?
>

That's easy. 1, 2 and 3 depend on what you mean by "confidential" Question 4 depends on what you mean by "false". Also, the meaning of "caught" and "identification" need elucidation. Not to mention that word "get" which might be small, but is full of meaning.
Message 21778453
< Q. Well, let me just ask you directly: How did you 5 think Mr. Elgindy had confidential law enforcement 6 information? 7 A. Well, I'm not sure that I thought the information was 8 so confidential. I don't recall thinking of it as 9 confidential. I'm not exactly sure what the definition of 10 confidential is either. 11 Q. We'll get to confidential. But how did you think 12 that Mr. Elgindy had FBI and SEC information? .... continued... Q. Let me ask you a general question. FREDERICK R. GUERINO, C.S.R. Michaelson - Cross/Breen 5433 1 Did you understand that the FBI had a duty to 2 keep confidential law enforcement information 3 confidential? 4 MR. GERZOG: Objection. 5 THE COURT: Overruled. 6 A. Could you define confidential, please. 7 Q. Confidential in the sense of being sensitive law 8 enforcement information? 9 A. Do I believe -- well --. 10 Q. Do you believe that the FBI has a duty to keep 11 confidential or sensitive law enforcement information 12 confidential? 13 A. If they are proscribed by law not to reveal that 14 information, then certainly if it is part of -- if it is 15 a useful tool to reveal some information and it's legal, 16 then not necessarily. 17 Q. So, are you saying that they would have a duty to 18 keep it confidential, unless their disclosure was part of 19 the investigation of criminal conduct? 20 A. Well, you know, I don't really know how law 21 enforcement works. This is my first brush with it. 22 Q. Well, what do you think your obligation was? 23 A. I think their obligation is to do the best job they 24 can to the best they can do it. 25 Q. Do you think an FBI agent could tell his friend a FREDERICK R. GUERINO, C.S.R. Michaelson - Cross/Breen 5434 1 trader about investigations? 2 MR. GERZOG: Objection, Judge. 3 THE COURT: His friend? 4 Q. If the FBI agent did have a friend who was a trader, 5 could the F.B.I. agent just tell that friend about an 6 investigation? 7 MR. GERZOG: Speculation, Judge. Objection. 8 THE COURT: Overruled. 9 A. You know, that's a pretty -- trying to hold myself 10 up to a high moral standard, I would hope that I wouldn't 11 do that, but human beings, they have friends, they talk. 12 Everybody talks. It happens, I'm sure. 13 Q. But you agree, don't you, that information about say 14 a securities fraud investigation of the company is 15 valuable information? 16 A. Valuable in which respect? 17 Q. To the trader? 18 A. To a trader? Yes, that's certainly valuable. 19 Q. And if an FBI agent had that information -- the FBI 20 agent would have that information, that would be valuable 21 to traders, correct? 22 A. Is that the same question, basically? Is there a 23 different -- I'm sorry, could you repeat it, please. 24 Q. If an FBI agent has information regarding a law 25 enforcement investigation, involving securities fraud of a FREDERICK R. GUERINO, C.S.R. Michaelson - Cross/Breen 5435 1 company, and has a friend who is a trader, does the FBI 2 agent have information that is valuable to his friend? 3 A. Yes. Potentially, if the friend traded on that 4 information, yes, and made money. If they lost money, it 5 wasn't quite so valuable. 6 Q. So, an FBI agent who has that information from his or 7 her duties as an FBI agent, do you think it is okay for 8 that person to give that valuable information to their 9 friend the trader? 10 MR. GERZOG: Objection. 11 THE COURT: Overruled. 12 A. No, I don't think it is okay. 13 Q. You don't. 14 You agree that the FBI agent had a duty not to 15 do that. 16 A. Well, unless there are more complicated 17 considerations like, you know, sharing information back 18 and forth, or other things that I just know nothing about. 19 But on the face of it, it certainly sounds like it is not 20 a good idea for a law enforcement agent to go spilling a 21 lot of information all over the place. ... continued...>

Hilarious testimony.

Mqurice
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