To: aristox who wrote (93961 ) 3/22/2006 6:17:29 AM From: Jeffrey S. Mitchell Respond to of 122087 Here is the formerly sealed sidebar in question: 5912 1 (Sidebar.) 2 MR. BREEN: I was just talking to Mr. Sten in 3 the hallway and something that came up. 4 THE COURT: Mr. Who? 5 MR. BREEN: Mr. Sten. 6 MR. BERKE: You know we are calling in Bressman, 7 he flew in from Washington. We have to get to Bressman. 8 We didn't know if he was coming or not. 9 THE COURT: The out-of-town guy goes first. 10 Bressman. 11 MR. BERKE: He it here now. 12 THE COURT: Do them both. 13 MR. BREEN: Mr. Sten brought something up that 14 he hasn't mentioned before and I thought that he should 15 and I bring it up to warn everyone and I told Mr. Sten to 16 not say what he told me under any circumstances, but 17 apparently, as part of an investigation he worked on, 18 there was some accusations that a short selling group that 19 included Mr. Elgindy might have actually known about and 20 traded ahead of the first bombing of the World Trade 21 Center. I told him not to mention it. 22 MR. GERZOG: The '93? 23 MR. BREEN: The date, that's what he told me. 24 He knows not to go into it. I wanted everybody to know 25 that that he wouldn't go near it. I told him not to Anthony Frisolone, CRR Official US District Court Reporter 5913 1 answer any question, just stop to turn to you, Your Honor, 2 but this is -- 3 THE COURT: Fake a heart attack. 4 MR. BREEN: I'll take a heart attack. 5 THE COURT: If he says it, I'll have a heart 6 attack so, okay. 7 MR. BERKE: We'll all get to enjoy our holidays. 8 My joke was -- 9 MR. GERZOG: Scrambling to explain. 10 MR. BERKE: Stop. My joke was that there would 11 have to be a mistrial and the trial would end. 12 THE COURT: Is that to clarify? 13 MR. BERKE: That is what I meant. I'm not that 14 quick. 15 MR. LEVINE: February 12th. 16 MR. BERKE: I ask that everything we discuss be 17 under seal. 18 THE COURT: That's very interesting. But, yes, 19 of course.