11              MR. BERKE:  It is a Bloomberg on-line  -- I keep

           12    saying Bloomberg, Dow Jones on-line report, and it was

           13    reported.

           14              Peter Michaelson, for example, is somebody that

           15    the government has his trading records for I believe over

           16    a year, if not longer.  As I understand it from Mr.

           17    Michaelson, they never tried to interview him.  They have

           18    not suggested in any way, directly or indirectly, that

           19    he's in harms way.  They have put him on the unindicted

           20    coconspirators list in this case.  The only thing that

           21    provoked an interest, as far as we can tell, is he's ready

           22    to be a defense witness.  We didn't do anything.  We got

           23    them from the government's production.  They now say they

           24    have concerns about this.  They never mentioned that to

           25    him or made any effort to interview him.  For a long time

                                FREDERICK R. GUERINO, C.S.R.


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            1    they had these records.

            2              I would be concerned about two things, Judge.

            3    In any way feeling intimidated or discouraged based upon

            4    any comments that the government might have to be a

            5    defense witness, I would be concerned if something

            6    directly  -- if it gets reported in the press, it is could

            7    have the same effect.  Those are my concerns, your Honor.