DOJ-OGR-00009364.pdf

Case 1:20-cr-00338-PAE Document 1616620 Filed 02/24/22 Page 75 of 130 A-5760 C2grdau2 Brune - direct 303 1 Q. The question was that you were willing to provide a 2 complete and accurate set of facts if and only if the 3 government asked, is that what you are saying? 4 A. No, that's not what I'm saying at all. I tried very hard 5 to be accurate in the brief that we submitted. It has the 6 shortcomings that we have talked about. 7 Q. It has material omissions, Ms. Brune? 8 A. I certainly have tried to be accurate. 9 Q. It has material omissions, correct? 10 A. I do not believe that it was written with the goal of 11 making a material omission. I believed then and believe now 12 that the standard is actual knowledge. We did not have actual 13 knowledge or anything near that. We were shocked when we 14 received the letter. 15 Q. It has material omissions in it? 16 MR. SHECTMAN: Asked and answered. 17 MR. DAVIS: No, I don't believe she has answered it, 18 your Honor. 19 THE COURT: Overruled. 20 A. I did not believe that it had material omissions in the 21 sense that anyone writing the brief or in my case signing the 22 brief intended to make material omissions. I think that what 23 we were trying to do was we were trying to describe the post- 24 letter investigation that we undertook and we were trying to 25 convey what is accurate, which is that it is the letter that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009364