To: Jimbo Cobb who wrote (92547 ) 9/23/2005 12:17:23 AM From: Jeffrey S. Mitchell Respond to of 122087 US v Elgindy trial transcripts are now available: Subject 56050 Note: Here's a snippet from the opening remarks which start on the bottom of page 35: 22 MS. SZCZEPANIK: Good morning. Ladies and gentlemen 23 of the jury, this is a case about fraud, corruption, and 24 betrayal. It's about a group of short sellers of stock led by 25 that man, Anthony Elgindy, who came together to form a corrupt ALLAN R. SHERMAN, CSR, RPR Official Court Reporter United States District Court Eastern District of New York 36 Opening/Government/Szczepanik 1 criminal enterprise to steal confidential law enforcement 2 information so that they could make money in the stock market. 3 You see a short seller is a stock trader who makes 4 money when a stock price goes down. So Elgindy thought what 5 better way to make money as a short seller than to find out 6 what companies are being investigated by the government before 7 the public knows that information. So he teamed up with 8 someone that had access to the information. He teamed up with 9 that man, Jeffrey Royer, a corrupt FBI agent who used his 10 position to access and steal confidential law enforcement 11 information to provide it to the enterprise. And who were the 12 victims of this scheme? They were the investors who were on 13 the other side of the trades. They were members of the public 14 who did not have the same stolen information that the 15 defendants had when they made their stock trades. 16 And ladies and gentlemen, the integrity of the stock 17 market depends on a fair and even playing field and the 18 integrity of law enforcement depends on the honesty of its 19 agents. But these defendants put their greed above all of 20 that. 21 You'll see that Elgindy portrayed himself as a 22 crusader against fraud in the marketplace but, ladies and 23 gentlemen, the exact opposite was true. Elgindy was 24 opportunistic thief who saw Agent Royer as his winning lottery 25 ticket. He used the information Royer stole which was ALLAN R. SHERMAN, CSR, RPR Official Court Reporter United States District Court Eastern District of New York 37 Opening/Government/Szczepanik 1 information about confidential FBI agents, Securities & 2 Exchange investigations and information about people's 3 criminal backgrounds. He took that information to further the 4 goals of the conspiracy. They used it to commit insider 5 trading, market manipulation and extortion so that he and the 6 members of the criminal enterprise could make money at the 7 expense of the investing public.