Document A-5765

Case 1:20-cv-10033-PAE Document 616-2 Filed 08/24/22 Page 80 of 130 A-5765 308 C2grdau2 Brune - direct 1 Q. Just a few more questions, Ms. Brune. You used a couple of times in discussing your brief "missed the issue." 2 3 What precisely do you mean by that? 4 A. We were so focused on establishing that this was the same 5 person. And on the waiver issue I was very focused on the 6 reality, which is that we didn't know. So, the issue that I 7 missed was that there are things in the brief, without knowing 8 what we knew, could be read to understand that the first time 9 we even did the Google search was after we got the letter. And 10 that's not right and that's the thing that I really regret. 11 What we were trying to convey was we were shocked, 12 which was true. But I think that there are phrases in the 13 brief which, if you don't know what we knew, could be read 14 differently. That's not the standard that we aspire to as a 15 firm, and in that we fell short. 16 Q. David Parse was convicted of some of the charges, correct? 17 A. Two of the six, that's right. 18 Q. He was acquitted of the other four charges, correct? 19 A. Yes. 20 Q. You thought that the jury rendered a fair and impartial 21 verdict on those acquitted charges, didn't you? 22 A. Yes, I did. 23 MR. DAVIS: No further questions. 24 THE COURT: Mr. Shechtman, do you have inquiry to 25 make? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009369 --- PAGE BREAK --- C2grdau2 Brune - direct 308 1 Q. Just a few more questions, Ms. Brune. You used the phrase 2 a couple of times in discussing your brief "missed the issue." 3 What precisely do you mean by that? 4 A. We were so focused on establishing that this was the same 5 person. And on the waiver issue I was very focused on the 6 reality, which is that we didn't know. So, the issue that I 7 missed was that there are things in the brief, without knowing 8 what we knew, could be read to understand that the first time 9 we even did the Google search was after we got the letter. And 10 that's not right and that's the thing that I really regret. 11 What we were trying to convey was we were shocked, 12 which was true. But I think that there are phrases in the 13 brief which, if you don't know what we knew, could be read 14 differently. That's not the standard that we aspire to as a 15 firm, and in that we fell short. 16 Q. David Parse was convicted of some of the charges, correct? 17 A. Two of the six, that's right. 18 Q. He was acquitted of the other four charges, correct? 19 A. Yes. 20 Q. You thought that the jury rendered a fair and impartial 21 verdict on those acquitted charges, didn't you? 22 A. Yes, I did. 23 MR. DAVIS: No further questions. 24 THE COURT: Mr. Shechtman, do you have inquiry to 25 make? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00010048