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C2GFDAU3 Edelstein 346
1 knew beforehand in the brief, right?
2 A. No, that's not accurate.
3 Q. Didn't you tell us a few moments ago that you and Ms. Brune
4 had specifically decided that you were not going to include
5 what your firm knew prior to receiving the government letter in
6 your brief, yes or no?
7 A. Yes.
8 Q. So are you saying, then, that you were not trying to convey
9 the notion through the facts section of your brief that you had
10 learned of the Appellate Division report only after you had
11 received the letter from the government?
12 A. No, we weren't trying to convey that impression.
13 MR. OKULA: May I have a moment, your Honor?
14 THE COURT: Take your time.
15 (Pause)
16 Q. Could you turn to Government Exhibit -- I'm sorry, it's defense Exhibit PMD 54. Do you recognize that document?
17 A. Yes.
18 Q. What is it?
19 A. It's the brief that we submitted in support of the motion
20 for a new trial.
21 Q. Can you explain, why does your firm sign it twice? In
22 other words, why do you include it on the front page separate
23 and apart from Susan Brune in New York and you in San
24 Francisco?
25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
DOJ-OGR-00010086