To: peter michaelson who wrote (88706 ) 12/19/2004 10:49:10 PM From: jessie73 Respond to of 122087 Highlights of Peter Michaelson's testimony Prosecutors and defense lawyers continued arguing Monday about the defense's plan to have former members of Elgindy's private investment Web site testify. On Friday, prosecutors argued that they should be allowed to interview the potential witnesses before they took the stand, particularly because of the potential danger for self incrimination. The government has previously alleged that members of the Web site may have been engaged in the same crimes as Elgindy, Royer and others are charged with. A number of unidentified sites members have been fingered by the prosecution as unindicted co-conspirators, who possibly traded on confidential information. Early Monday, speaking in front of federal Judge Raymond Dearie and without the jury present, prosecutor Ken Breen voiced concern about Michaelson's testimony, saying that he had reviewed his trading records. Breen was interrupted by Barry Berke, one of Elgindy's lawyers, who asked that the conversation continue in a sidebar away from the ears of people present in the courtroom. The first sidebar early Monday was immediately followed by another one to discuss a question that Peter Michaelson had about the court proceedings. Michaelson, the defense's first witness, was one of the members of Elgindy's private investing Web site. It's not clear what question Michaelson had for Dearie but he spent some times reviewing transcripts of previous sidebars before court resumed a full hour later. This was the second sidebar for Michaelson who already privately spoke with Dearie, defense lawyers and prosecutors Monday about the potential danger for the witness to self incriminate. Michaelson is testifying without legal representation. The government has previously alleged that members of the Web site may have been engaged in the same crimes as Elgindy and Royer are charged with. A number of unidentified site members have been fingered by the prosecution as unindicted co-conspirators, who possibly traded on confidential information. In his second day of testimony, Michaelson said that he didn't think that Elgindy and others on Anthonypacific.com, the Web site set up by Elgindy for other like-minded short sellers, obtained information illegally. Michaelson posted under the name Peter on the site. Michaelson said that his understanding was that Elgindy would on occasion glean information from law enforcement personnel in the process of sharing information with them. The witness said site members had an understanding that information discussed on the site wasn't supposed to be discussed with nonmembers. Prosecutors alleged that Elgindy's desire for secrecy showed that he knew he wasn't supposed to have the information he and others traded on. Michaelson testified for the defense that he never thought that anything illegal was taking place when confidential government information was shared by members of the Web site. Prosecutors allege that Elgindy and others received confidential information from Royer and illegally profited from it. The government claims that Elgindy and others used his private investment site called Anthonypacific.com to share confidential information. Under cross-examination by Breen, Michaelson said Wednesday that he thought that if government information was shared on the Elgindy site, it must have been okay. Asked whether he thought that Elgindy was credible when he posted information that he said came from the FBI. "Not all the time... He lied all the time, exaggerated to make himself look good," Michaelson answered. Michaelson had testified Tuesday that he had no reasons to believe that Elgindy was not being truthful when he said he had confidential information. Asked about his different answer, Michaelson said "Yesterday, I don't know what I said yesterday. I was really tired." "Are you saying that we should disregard your testimony (from Tuesday)?" Assistant U.S. Attorney Breen asked Michaelson, who answered, "I rather you would." Reviewing his trading records, including some from an account at Canadian brokerage firm Union Securities, Michaelson said he did trade in the stock of companies for which Elgindy provided confidential information on the same days that the information was posted on the investing site. Under questioning, Michaelson also said that he purchased some of the shares of a block trade put together by Elgindy in the stock of Nuclear Solutions Inc. (NSOL). Prosecutors allege that Elgindy and others charged in the case extorted discounted stock from companies they targeted in exchange for halting their short selling of their shares. Nuclear Solutions is one of two companies that the government said was extorted by Elgindy and others charged in the case. There is another article somewhere too, which has the brunt of his testimony from the second full day