DOJ-OGR-00019975.pdf

Case 21-58, Document 39-2, 04/01/2021, 3068530, Page116 of 200 53 seeking millions of dollars from a fund that's being set up. Something for the court to consider. She has also, as we mentioned, remained in the United States, even though she has known of the investigation. How could she not? It's been unbelievably public for the past year. And we have been in regular contact with her -- with the government. Your Honor asked that question, very careful question from the court, and we got a shimmy from the government in response. We have been in contact with them, conservatively -- as we checked last night, because we thought you might ask -- conservatively eight to ten times in the past year, all for the same purpose, to urge them not to bring this case, which shouldn't have been brought. The notion that experienced counsel, and counsel at Haddon Morgan is also experienced, is in regular contact with the government, would surrender their client, and they turn around and deny that to the court and deny that voluntary surrender would and could have and should have been possible here is, we submit, another factor for the court to consider. So let me turn to the reply brief. THE COURT: Sorry. If I may, Mr. Cohen, I just want to make sure I understand that last point. Are you saying that defense counsel indicated to the government that, should there be an indictment returned, you were seeking to arrange a voluntary surrender? Is that the contention? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00019975