Case 1:20-cr-00336-PAE Document 610 Filed 08/24/22 Page 16 of 130
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C2GFDAU1 Hearing
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1 APPEARANCES (Cont'd)
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2 KOSTELANETZ & FINK, LLP
2 Attorneys for Defendant Field
3 BY: CAROLINE RULE, ESQ.
3 SHARON McCARTHY, ESQ.
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5 PAUL SHECHTMAN
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6 ADAM MURPHY
6 Attorneys for Defendant Parse
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8 BOBBI C. STERNHEIM, ESQ.
8 Attorney for Ms. Conrad
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10 Also Present: Christine Mazzella,
10 Special Agent - IRS
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SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00009305
Full Text
Case 1:20-cr-00336-PAE Document 610 Filed 08/24/22 Page 16 of 130
A-5701
C2GFDAU1 Hearing
244
1 APPEARANCES (Cont'd)
1
2 KOSTELANETZ & FINK, LLP
2 Attorneys for Defendant Field
3 BY: CAROLINE RULE, ESQ.
3 SHARON McCARTHY, ESQ.
4
4
5 PAUL SHECHTMAN
5
6 ADAM MURPHY
6 Attorneys for Defendant Parse
7
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8 BOBBI C. STERNHEIM, ESQ.
8 Attorney for Ms. Conrad
9
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10 Also Present: Christine Mazzella,
10 Special Agent - IRS
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SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00009305
--- PAGE BREAK ---
Case 1:20-cr-00336-PAE Document 616 Filed 08/24/22 Page 18 of 130
A-5703
C2GFDAU1 Hearing 246
1 called as a witness by the Government,
2 having been duly sworn, testified as follows:
3 THE COURT: Take a seat, state your full name and
4 spell your last name slowly for the court reporter.
5 THE WITNESS: My name is Susan Elizabeth Brune. My
6 last name is spelled B-r-u-n-e.
7 THE COURT: You may inquire, Ms. Davis.
8 MS. DAVIS: Thank you, your Honor.
9 DIRECT EXAMINATION
10 BY MS. DAVIS:
11 Q. Good morning Ms. Brune.
12 A. Good morning.
13 Q. Are you represented by counsel for purposes of this hearing?
14 A. No.
15 Q. You went to Harvard Law School, correct?
16 A. Correct.
17 Q. Graduating in 1988?
18 A. That's right.
19 Q. So you've been a practicing lawyer for almost 25 years, is that right?
20 A. That's right.
21 Q. And you're a member of the New York Bar?
22 A. I am.
23 Q. And you were an Assistant United States Attorney for
24 A. SOUTHERN DISTRICT REPORTERS, P.C.
25 (212) 805-0300
DOJ-OGR-00009307
--- PAGE BREAK ---
Case 1:20-cr-00336-PAE Document 61 Filed 08/24/22 Page 82 of 117
A-5925
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CAC3PARC has stated that you can find that where there has been a split verdict, as is the case with Mr. Parse, that is evidence of a lack of prejudice. We had argued in the original motion for new trial and we renew that as well.
Finally, your Honor, with regard to the letter of Catherine Conrad to the government which was referenced in the defendant's briefing, she talked about their discussions and deliberations with regard to David Parse. And interestingly what she also said, which was not mentioned when Mr. Shechtman in his brief, was that that struggle ended when they asked the Court to reread the definitions of wilfully and knowingly. Different states for different counts.
MR. SHECHTMAN: Well, I'll wait. I apologize to the Court.
MS. DAVIS: And interestingly, their verdict exactly tracked that difference between wilfully, this was required in the conspiracy count and for the tax evasion counts, and knowingly which was really the mens rea relating to other ones. So you might say that they had a struggle.
To the extent we can even be considering that letter at all because of Rule 606(b), but I think it's quite clear that they made a deliberate and informed decision about making a distinction drawn on the evidence as apply to the law. Thank you.
THE COURT: Thank you, Ms. Davis.
THE SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
DOJ-OGR-00009501
Individual Pages
Page 16 - DOJ-OGR-00009305
Page 18 - DOJ-OGR-00009307
Case 1:20-cr-00336-PAE Document 616 Filed 08/24/22 Page 18 of 130
A-5703
C2GFDAU1 Hearing 246
1 called as a witness by the Government,
2 having been duly sworn, testified as follows:
3 THE COURT: Take a seat, state your full name and
4 spell your last name slowly for the court reporter.
5 THE WITNESS: My name is Susan Elizabeth Brune. My
6 last name is spelled B-r-u-n-e.
7 THE COURT: You may inquire, Ms. Davis.
8 MS. DAVIS: Thank you, your Honor.
9 DIRECT EXAMINATION
10 BY MS. DAVIS:
11 Q. Good morning Ms. Brune.
12 A. Good morning.
13 Q. Are you represented by counsel for purposes of this hearing?
14 A. No.
15 Q. You went to Harvard Law School, correct?
16 A. Correct.
17 Q. Graduating in 1988?
18 A. That's right.
19 Q. So you've been a practicing lawyer for almost 25 years, is that right?
20 A. That's right.
21 Q. And you're a member of the New York Bar?
22 A. I am.
23 Q. And you were an Assistant United States Attorney for
24 A. SOUTHERN DISTRICT REPORTERS, P.C.
25 (212) 805-0300
DOJ-OGR-00009307
Page 82 - DOJ-OGR-00009501
Case 1:20-cr-00336-PAE Document 61 Filed 08/24/22 Page 82 of 117
A-5925
23
CAC3PARC has stated that you can find that where there has been a split verdict, as is the case with Mr. Parse, that is evidence of a lack of prejudice. We had argued in the original motion for new trial and we renew that as well.
Finally, your Honor, with regard to the letter of Catherine Conrad to the government which was referenced in the defendant's briefing, she talked about their discussions and deliberations with regard to David Parse. And interestingly what she also said, which was not mentioned when Mr. Shechtman in his brief, was that that struggle ended when they asked the Court to reread the definitions of wilfully and knowingly. Different states for different counts.
MR. SHECHTMAN: Well, I'll wait. I apologize to the Court.
MS. DAVIS: And interestingly, their verdict exactly tracked that difference between wilfully, this was required in the conspiracy count and for the tax evasion counts, and knowingly which was really the mens rea relating to other ones. So you might say that they had a struggle.
To the extent we can even be considering that letter at all because of Rule 606(b), but I think it's quite clear that they made a deliberate and informed decision about making a distinction drawn on the evidence as apply to the law. Thank you.
THE COURT: Thank you, Ms. Davis.
THE SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
DOJ-OGR-00009501