Document A-5749

Case 1:20-cr-00338-PAE Document 1616 Filed 02/24/22 Page 64 of 130 A-5749 C2grdau2 Brune - direct 292 1 A. That's right. 2 Q. It was filed under your signature? 3 A. It was. 4 Q. With your ECF number? 5 A. That's so. 6 Q. You were ultimately responsible for the factual assertions 7 in that brief, correct? 8 A. Yes. I reviewed it and I signed it and I am responsible 9 for it. 10 Q. That set of facts was not accurate and complete, was it, 11 Ms. Brune? 12 A. When I reflect on that brief, and I certainly have done so 13 repeatedly and at length, it's the thing that I regret. What I 14 mean by that is we kind of missed it. There were two things 15 that were going on. One is we were spending a lot of energy 16 trying to persuade ourselves that what we were going to say to 17 the judge was right, that is, that there was this fraud that 18 happened, and we were very focused on not having Mr. Parse's 19 application kicked out the way that it was kicked out in Martha 20 Stewart for not sort of having proved it enough. 21 I certainly thought about the waiver issue. But what 22 I really missed is I thought that the government would likely 23 inquire and we would say we didn't know, because we didn't 24 know. I certainly never imagined that the reality that we did 25 not know was going to assume the sort of debate level SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009353 --- PAGE BREAK --- C2grdau2 Brune - direct 292 1 A. That's right. 2 Q. It was filed under your signature? 3 A. It was. 4 Q. With your ECF number? 5 A. That's so. 6 Q. You were ultimately responsible for the factual assertions 7 in that brief, correct? 8 A. I reviewed it and I signed it and I am responsible 9 for it. 10 Q. That set of facts was not accurate and complete, was it, 11 Ms. Brune? 12 A. When I reflect on that brief, and I certainly have done so 13 repeatedly and at length, it's the thing that I regret. What I 14 mean by that is we kind of missed it. There were two things 15 that were going on. One is we were spending a lot of energy 16 trying to persuade ourselves that what we were going to say to 17 the judge was right, that is, that there was this fraud that 18 happened, and we were very focused on not having Mr. Parse's 19 application kicked out the way that it was kicked out in Martha 20 Stewart for not sort of having proved it enough. 21 I certainly thought about the waiver issue. But what 22 I really missed is I thought that the government would likely 23 inquire and we would say we didn't know, because we didn't 24 know. I certainly never imagined that the reality that we did 25 not know was going to assume the sort of debate level SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300