To: StockDung who wrote (398 ) 2/27/2006 9:42:27 PM From: ravenseye Respond to of 5673 Baker - Direct/Berke 5757 1 (Whereupon, the jury enters the courtroom.) 2 THE COURT: Please be seated, folks. If an 3 alarm goes off, it is a test. 4 All right. I have tried to persuade them that 5 we don't have to test it during my work day. We shall see 6 whether or not I have been successful. 7 Mr. Berke. 8 MR. BERKE: Thank you, Judge. 9 BY MR. BERKE: 10 Q. Sir, going back to Floyd Schneider, am I correct that 11 Mr. Schneider put you in contact with Mr. Elgindy, Tony 12 Elgindy? 13 A. That is my recollection. 14 Q. Okay. 15 You would describe Mr. Elgindy as another SEC 16 tipster? 17 A. I would describe him as, yes, another tipster, one of 18 many. 19 Q. When we interrupted, when we stopped our testimony, I 20 asked you if you could describe the occasion when you met 21 Mr. Schneider in person. 22 A. Yes. That relates to another investigation. He 23 gathered with a group of other investors who had lost 24 money in a particular scheme, and I met with them and took 25 their stories. Diana Pereira, CRR Official US District Court Reporter Baker - Direct/Berke 5758 1 Q. Where did you meet them? 2 A. In New Jersey somewhere. 3 Q. So you flew from Salt Lake City, Utah? 4 A. Yes. 5 Q. You flew from Salt Lake City to New Jersey. 6 How did Mr. Schneider get these investors? 7 A. I don't know. They might have been friends and 8 family. It was a pool of people that had invested and 9 wanted to tell the SEC about it. 10 Q. Did this investigation start by him giving you one of 11 these e-mail tips? 12 A. I don't think so. 13 Q. When he e-mails you, can you generally describe the 14 sorts of things he e-mails you? 15 MR. BREEN: Objection to form. 16 THE COURT: Sustained. 17 Let's move a along. 18 BY MR. BERKE: 19 Q. He e-mailed you certain things at some point related 20 to companies that Mr. Elgindy was, you understand, was 21 covering on his website? 22 MR. BREEN: Same objection. 23 THE COURT: Sustained. 24 BY MR. BERKE: 25 Q. You learned at some point that Mr. Elgindy had a Diana Pereira, CRR Official US District Court Reporter Baker - Direct/Berke 5759 1 website called AnthonyPacific.com, correct? 2 A. At some point I learned that, yes. 3 Q. Did you know whether Mr. Schneider -- 4 You understood that Mr. Schneider was an active 5 poster on public bulletin boards? 6 A. No. 7 Q. You knew his name, that he used TruthSeeker? 8 A. I knew at one point he had a website that he called 9 the TruthSeeker. 10 Q. And did you know that he -- he would occasionally -- 11 Some of the e-mails he would send you would be 12 from Silicon Investor, Raging Bull. Correct? 13 A. Yes. 14 Q. You understood he obtained those from going to 15 those -- they were direct links that he was pulling off, 16 and documents, from those websites. Correct? 17 A. Yes. 18 Q. And did he ever send you his own postings as 19 TruthSeeker that he may have posted on Silicon Investor or 20 Raging Bull? 21 A. If he did, I don't recall that. 22 Q. You knew that he was very active in sharing 23 information with others? 24 A. Again, if he did, I didn't know about it. 25 Q. What did you understand his involvement was with Diana Pereira, CRR Official US District Court Reporter Baker - Direct/Berke 5760 1 Mr. Elgindy? 2 A. No idea. 3 Q. Did you know that he, at some point, that he 4 participated in some way with the AnthonyPacific website? 5 A. No. I have no idea. 6 Q. But you knew he had some knowledge of it in dealings 7 with Mr. Elgindy? 8 A. I came to know it at some point. 9 Q. Now, when Mr. Schneider would send you things, would 10 you always read everything he sent you? 11 A. No. 12 Q. Some things you would read and some things you just 13 wouldn't read? 14 A. Exactly. 15 Q. It sounds like you didn't keep everything he sent 16 you? 17 A. No. 18 Q. He sent you a lot of stuff, correct? 19 A. Yes. 20 Q. Am I right that he was expressing to you there was a 21 lot of fraud that was not being prosecuted by the 22 authorities or by the SEC, correct? 23 MR. BREEN: Objection. 403. 24 THE COURT: Sustained on a number of grounds. 25 Can we move this along as per our discussion?Message 21746833