DOJ-OGR-00009485.pdf

--- Page 1 --- **Document Text Extraction** The document contains the following text: **Header:** * Case 1:20-cv-90338-PAE-PAE:umDocument 616620 Filed 02/24/22 Page Page 66 of 117 * A-5909 **Page Number:** * 7 **Transcript:** 1. CAC3PARC should have done as lawyers. And then after that, I've always thought, partly because they dropped the ball, they were less than candid in what they said to the Court going forward. 2. THE COURT: That last point is really another part of Brune & Richard's lack of candor with the Court in making their motion as circumstantial evidence that they were in fact trying to conceal from the Court a strategic decision they made? 3. MR. SHECKMAN: Look, I think, and the Court does in its opinion consider it as circumstantial evidence and it's not a pretty picture. But the question to me has always been what is it circumstantial evidence of? And I think it is circumstantial evidence of a realization that they had a responsibility to tell the Court, and they walked away that night and really left the Court in an untenable position such that at least two, and I be three, defendants may be on trial again in the spring. 4. So, I don't have any doubt that you can take that conduct and look back. The question is, do you look back and say to yourself, these are people who knew they dropped the ball and were careless and inattentive and didn't fulfill their obligations to the Court? Or do you go back and say these are people who made a strategic decision to game the system at an earlier time. I don't think there is any evidence to support that. As I've said before, there is nothing in that plaza **Footer:** * DOJ-OGR-00009485 * SOUTHERN DISTRICT REPORTERS, P.C. * (212) 805-0300