DOJ-OGR-00018612.pdf

Case 1:20-cr-00330-PAE Document 753 Filed 08/10/22 Page 14 of 264 1436 LC7VMAX1 we're down to, your Honor. THE COURT: Okay. MR. ROHRBACH: Your Honor, as I think our letter indicated, we're quite surprised to receive the defendant's -- THE COURT: Mr. Rohrbach, let's just get to the issue. It sounds like it's narrowed to two things. Every letter I get, it starts with, We're so surprised or this has already been litigated. Let's just get to the issue. MR. ROHRBACH: So, your Honor, I think we're in a pretty good place then. Mr. Flatley is not going to go into very much -- we obviously don't know exactly what Mr. Flatley will say on the stand, but the questions and what we expect to elicit should track the government's November 26 letter. And so it sounds like if defense counsel doesn't have a problem with what's in this letter, then there is no issue here for the Court. I'm not exactly sure what Ms. Menninger is referencing with regard to CDs, but I think that we expect Mr. Flatley to give purely fact testimony regarding CDs, and there's no expert opinion at all involved there. To the extent that it's a late disclosure of anything, it's just a factual view of Mr. Flatley that is in the 3500 material that he may testify to. MS. MENNINGER: Your Honor, on the CDs, apparently Mr. Flatley intends to testify that a created date is the same thing as a modified date. And also about once a file is burned SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00018612