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Case 1:20-cr-00330-PAE Document 309 _ Filed 07/01/21 Page3of3 Honorable Alison J. Nathan July 1, 2021 Page 3 in this case: the Op-Ed was published in a local newspaper, and it contained an express overture to jurors, discussing the verdict defense counsel wishes jurors to reach in this case. What is more, the Op-Ed falsely suggested to potential jurors that this prosecution is barred by a non-prosecution agreement—a legal contention this Court has considered and squarely rejected. This Court has already entered an Order—at the request of the defendant—indicating the Court’s expectation that “all involved parties will exercise great care to ensure compliance with this Court’s local rules, including Local Criminal Rule 23.1.” (Dkt. No. 28). Mr. Markus’s continued comments are in violation of that Order, are inappropriate, and are likely to interfere with the Court’s ability to conduct a fair trial with an impartial jury in this case. Accordingly, the Government respectfully requests that the Court issue an order pursuant to Local Rule 23.1(h) directed specifically to Mr. Markus and instructing him to comply with Local Rule 23.1. Respectfully submitted, AUDREY STRAUSS United States Attorney By: __/s Alison Moe / Maurene Comey / Lara Pomerantz Assistant United States Attorneys Southern District of New York Tel: (212) 637-2225 Ce: — Christian Everdell, Esq. (by ECF) Mark Cohen, Esq. (by ECF) Bobbi Sternheim, Esq. (by ECF) Laura Menninger, Esq. (by ECF) Jeffrey Pagliuca, Esq. (by ECF) David Markus, Esq. (by email) DOJ-OGR-00004809