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Case 1@@ser400330 AécurDetupreat S803 ee Pachagen as of 130 346 C2GFDAU3 Edelstein 1 knew beforehand in the brief, right? 2 A. No, that's not accurate. E| 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 recéiving the government letter in 6 your brief, yes or no? Fi 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 17 defense Exhibit PMD 54. Do you recognize that document? 16 A. Yes. 19 Q. What is it? 20 A. It's the brief that we submitted in support of the motion 21 for a new trial. 22 Q. Can you explain, why does your firm sign it twice? In 23 other words, why do you include it on the front page separate 24 and apart from Susan Brune in New York and you in San 25 Francisco? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009407