How many people did the government identify on their list of unindicted coconspirators?
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8 MR. BREEN: This particular individual has been
9 identified as an unindicted coconspirator. I don't know
10 whether the court is inclined to give some kind of
11 warnings.
12 THE COURT: Has he not seen counsel?
13 MR. BERKE: Judge, we know he's not represented
14 now, and we don't know whether he's spoke to someone. He
15 has an MBA from Columbia. We did disclose yesterday the
16 government's identification of him recently before trial
17 as one of the unindicted coconspirators.
18 THE COURT: People can be sophisticated in
19 business and terribly unsophisticated in
other matters,
20 that's the hard reality of it.
21 Well, so where are we?
22 MR. BREEN: I looked at his trading records,
23 your Honor, and his trading records are consistent with
24 him trading on the release of law enforcement information
25 that has formed the basis for this case.
FREDERICK R. GUERINO, C.S.R.
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1 THE COURT: I'm sure that doesn't come as a 2 surprise to your colleagues.
3 MR. BREEN: No.
4 THE COURT: It is all criminal intent. It is
5 not about ignorance of the law.
6 MR. BREEN: It actually raises another issue,
7 Your Honor, instead. To the extent that these witnesses
8 are testifying as to their view, and not testifying as
9 people who have pled guilty to conspire with others, is it
10 really relevant that there's somebody on the site that
11 doesn't share the same criminal intent as the defendants?
12 I don't think they could testify as to the defense intent
13 because they are not similarly situated or not the
14 defendants.
15 The witnesses that we had testify have been very
16 specific, because they have gotten up and testified about
17 their conspiratorial agreement.
18 THE COURT: To the same extent, there's not that
19 same agreement, why are these witnesses -- why are we
20 like allowing their testimony at all? It doesn't seem
21 like that's something that could be competent evidence in
22 a case like this. They didn't think they were doing
23 anything wrong.
24 MR. BREEN: Even if that's the case, your Honor,
25 why in a case like this when we have the specific intent
FREDERICK R. GUERINO,C.S.R.
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4970
1 of the defendant's that is at issue, why is it that that
2 would be relevant to what they think these are witnesses
3 that are people that --.
4 THE COURT: It is a fair question. |
