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Case 1:20-cr-00330-PAE Document 741 Filed 08/10/22 Page 58 of 106 62 LBTVMAX3 Opening —- Ms. Sternheim 1 It is only after years and after the fund is open that 2 we then have this witness coming forward in conjunction with 3 this email that I'm talking about that we've referenced in 4 papers to the Court. So, for example, Mr. Scarola, who is the 5 lawyer on this topic, wrote all the answers to interrogatories 6 and were signed by the client. Then we fast forward, and we 7 have all this information that's being provided in 2020 which 8 is not present in 2008. 9 First of all, all the answers to interrogatories are 10 not privileged. The communications in the complaint are not 11 privileged. The lack of information about our client in that 12 complaint can be inferred that after that is when all this 13 comes up, because we are seeking money from the victim 14 compensation fund and we are using the government as part and 15 parcel of that to buttress our claim to the fund. 16 MS. COMEY: Your Honor, as an initial matter, it's not 17 factually accurate that the deposition is -- 18 THE COURT: Okay. So these are arguments you're going 19 to make to the jury. It's not -- the contention is that the 20 story has changed and what happened in between was the 2] involvement of civil lawyers. I have no idea what the evidence 22 exactly will show with that, and it sounds like there are going 23 to be arguments to be made on both sides, but that's not based 24 on privileged testimony. And I have a proffer that the story 25 has changed over time and what intervened between civil SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00011723