1.Irrevocable Trust Evidence, Proposed Disclosure Limits, and Impeachment Evidence Review
51 lines(In open court - jury not present.)
(Judge NICHOLAS G. GARAUFIS entered the courtroom.)
THE COURT: All right, bring in the defendant.
(Defendant entered the courtroom.)
THE COURT: Where is Ms. Penza? Is it my vision or is she not here?
MS. HAJJAR: She should be here momentarily, Your Honor.
THE COURT: Well, everyone sit down, and we will wait on Ms. Penza.
(Pause.)
MS. PENZA: So sorry.
THE COURT: All right.
MS. PENZA: Good morning. I apologize.
THE COURT: Let's have appearances, and then we'll move on from there.
MS. PENZA: Moira Penza, Tanya Hajjar, and Mark Lesko for the United States. Good morning, Your Honor.
Also at counsel table, Special Agent Michael Lever and Paralegal Specialist Teri Carby.
THE COURT: Thank you. Good morning.
Yes.
MR. AGNIFILO: Good morning, Your Honor.
Marc Agnifilo, Teny Geragos, Paul der Ohannesian, and Danielle Smith for Keith Raniere, who is with us this morning.
Good morning.
THE COURT: Good morning, everyone. Please be seated.
Well, you've been busy overnight.
MR. AGNIFILO: I don't sleep anymore, Judge.
THE COURT: Well, I don't sleep at night worrying about the fact that you don't sleep at night.
MR. AGNIFILO: I know. I'll call you.
THE COURT: No, thank you.
All right, I do not need oral argument here. On the issue of the details of the irrevocable trust, the fact of the trust was, as you pointed out in your letter, has already been ruled on, right?
MR. AGNIFILO: Yes.
THE COURT: So the fact of the trust can come in.
MR. LESKO: Your Honor, if I may?
THE COURT: Oh.
MR. LESKO: Just briefly. I think we've reached an agreement that we would enter the fact of the trust and the total amount available, and not get into which firm was paid what.
THE COURT: Available at the beginning of the -- when the trust, in total, when it was created and added to and added to and added to?
MR. LESKO: Yes, the total amount available for the defense.
THE COURT: I am seeing some visuals here. Yes?
MR. AGNIFILO: So what I'd like to do, I think we have five minutes. I don't know that I'm comfortable with the whole amount because it is going to so many parties, and I don't know that I want to get into all of that.
THE COURT: Well, figure out how to do it. Figure it out.
MR. AGNIFILO: So if -- but if we can get five minutes, we might be able to --
THE COURT: Good. I want that. That's good.
MR. LESKO: Thank you, Your Honor.
THE COURT: That's a solution, let's try to make it happen. All right, that takes care of that.
The two matters that are brought to the Court by the Government, did you want to say something without going into details or --
MR. AGNIFILO: Can we do it at the side? It will take really just two minutes. Can we just do that? I will be very, very quick.
(Sidebar held.)
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(In open court - jury not present.)
THE COURT: Okay.
All right, I would just point out that the Court has received some impeachment evidence from the defense, which are for in-camera review, and we are reviewing that evidence.
MR. AGNIFILO: Thank you.
THE COURT: All right? Thank you.
Okay. Let's bring in the witness and the jury.
(Witness entered the courtroom and resumed the stand.)
(Jury enters.)
THE COURT: Please be seated.
Good morning, members of the jury.
JURORS: Good morning.
THE COURT: All right, at this time, we will continue the direct examination of Jay.
You may proceed, Mr. Lesko.
MR. LESKO: Thank you.
THE COURT: I remind the witness that she is still under oath.
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J A Y, previously called as a witness by the Government, having been previously duly sworn/affirmed by the Courtroom Deputy, was examined and testified further under oath as follows: