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CAC3PARC
1 I'm sitting here with a tolling agreement from the
2 Southern District in a case of mine which says as of
3 January 14. Which is faxed on January 16. But everybody
4 wanted it to be effective two days before because that was the
5 agreement, as happens in the Southern District. It happens
6 everywhere. And it doesn't mean backdating. In this case it
7 means this is the price.
8 But all that is a long way of saying there is no proof
9 that he knew this rule. There is no proof it was discussed
10 with him. There is no proof he thought he knew these
11 transactions were wrong. And at the end of the day, when one's
12 argument is he must've known, that's a weak reed, particularly
13 when this prejudice notion is harmless error like. After all,
14 you have Justice Marshall's dissent in Strickland that says it
15 should have been harmless error, it should have been under the
16 government's burden. When you do harmless error analysis, you
17 say two things: What is the nature of the error, and what's
18 the proof. The nature of the error here is that a government
19 partisan out to get him in particular was on the jury. That's
20 a pretty serious error. The proof, far from overwelming.
21 As I say, I think if I can get you to the prejudice
22 prong, we ought to see you in April and not in January and I
23 hope that's the case.
24 THE COURT: Thank you, Mr. Shechtman.
25 Ms. Davis, does the government want to be heard?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300