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Case 1:20-cr-00330-PAE Document 536 Filed 12/10/21 Page9of43 9 LBNAMAXTps 1 THE COURT: What do you propose? 2 MS. MOE: Your Honor, I think at a minimum we propose 3 some additional follow-up guess for the juror about her role, 4 whether she interfaces with folks dealing with compliance, 5 which is within the scope of what this witness does, whether 6 there would be any issues about hearing testimony about the 7 financial institution where she works. 8 We have not flagged for our witness that there is a 9 juror, of course, who works with the institution, so it's hard 10 for us to gauge whether they may have overlapped or whether 11 they would recognize one another in the courtroom. So I 12 recognize it would be difficult to probe this issue without 13 creating an issue, but we think at a minimum a question about 14 sort of her role and any issues about being fair or discomfort 15 about witnesses who are testifying from the financial 16 institution might address this issue. 17 THE COURT: Who will I hear from? 18 MS. STERNHEIM: You'll hear from me, Judge. 19 think it is a little late. The publicly available 20 information would have revealed that there are other people who 21 are in that same institution or have been affiliated with that 22 institution, some of which were excused, and at least one that 23 is still here. The government can exercise a challenge if it 24 wishes. But think it's unnecessary. And it flags something 25 inappropriately at this stage of the game. It will highlight SOUTH ERN D STR CT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00008319