6.Verdict Proceedings

JUDGE KAPLAN: Z.

The proposal is to have Andy deliver 12 copies to the jury in that form?

Any objection.

JUDGE KAPLAN: We will do that.

In case the word has not filtered to you, the jury has asked for dinner and transportation.

Another note.

Two more notes.

Note 1 says: "We want cars." That will be Court Exhibit AA.

Court Exhibit BB says: "The defense thumb drive appears to only have one audio file of portions of the all-hands meeting. There seem to be missing government exhibits, including 558, on the thumb drive as well."

JUDGE KAPLAN: Satisfactory.

Let us mark that exhibit Court Exhibit BB, and Andy will take it in writing marked Court Exhibit BB.

Now. Inasmuch as they have ordered supper, when do you want your dinner hour, folks?

JUDGE KAPLAN: We will trust the cafeteria manager to supply dinner at 6, so you guys are free from 6 to 7.

Thank you.

JUDGE KAPLAN: I just want to make a record of the various notes, and I'm going to take them out of order.

About an hour ago the jury sent in a note, now Court Exhibit EE: "Can we get the transcripts of the Matt Huang and Robert Boroujerdi testimonies."

I gather you have agreed on the excerpts to go in, and they are marked Court Exhibits FF and GG.

Yes?

JUDGE KAPLAN: Take them on in.

Just to make a record, the first note was: "May we have some highlighter pens and some Post-its, please," Court Exhibit CC. Those were provided.

And Court Exhibit DD: "Can we get a copy of the actual indictment." And you were all informed of these and the redacted indictment, which has been identified previously on the record, was sent in.

Everyone agree to all that?

JUDGE KAPLAN: We have a note from the jury saying they have reached a verdict. It's marked Court Exhibit HH. It is signed by juror number 4 as foreperson.

Before you bring in the jury, we will have decorum in the courtroom when this is announced. No demonstrations, no shouting, no running for the door. Everyone is to remain seated until I discharge the jury.

Bring in the jury.

JUDGE KAPLAN: Would you please give the verdict to Andy.

Thank you.

The original verdict form is temporarily in your custody. The clerk will now publish the verdict.

JUDGE KAPLAN: Thank you.

You may be seated, Mr. Bankman-Fried.

Andy you can recapture the original verdict form.

JUDGE KAPLAN: Of course.

The clerk will poll the jury.

JUDGE KAPLAN: The verdict will be filed and recorded.

Members of the jury, you have completed your task. I have a couple of words to say to you.

First of all, there was a very distinguished judge of this Court who has now long left us, probably generally regarded as the finest trial judge of the 20th century in this country, Ed Weinfeld. And Judge Weinfeld's belief, and I and most of the rest of us follow pretty much everything he ever said, don't follow him in one thing, and it is that it was his belief that serving on a jury is a privilege and a duty of citizenship and it doesn't deserve thanks. It is a duty, it is a privilege of citizenship, it does deserve thanks, and you deserve thanks, each and every one of you.

It was obvious from the first day of this case that you paid attention, however complicated it got from time to time. You learned a whole new industry in the course of it. You took your job just as seriously as you could have taken it, and I thank you. I know counsel on both sides thank you.

You did what we hope all citizens do when called for jury service, and of course I make no comment on the verdict. That was your call. It is not mine. I express no opinion on it, and I never have, and I don't plan ever to do so. But you have my thanks and those of the others I have mentioned for your service in this case.

Now, in just a minute I am going to discharge you and you will go about your business. You will be free to either talk about this case privately or otherwise, or not to talk about this case, privately or otherwise. That's your call too. Should you elect to say anything to anybody about it, I would simply urge on all of you some sensitivity to the concerns and feelings that other members of the jury may have about privacy and about what you say. It's the golden rule: Do unto others as you would have them do unto you.

If anybody involved in the case, the parties or the people who work for the parties, lawyers or whatever, the question of whether you talk to them or not is up to you should they contact you. But if you elect to say no or I've had enough, I don't want to talk anymore and any of the lawyers or people who are working with the lawyers don't easily take no for an answer, you let Andy know, and I will take appropriate steps to see that you are not bothered if I lawfully can do so.

With that, you are discharged. Andy will escort you into the jury room, and you can collect your stuff and head off with thanks.

You will leave your notes or whatever in there, and he will take care of them.

Counsel will remain and everyone else will remain for a moment too.

JUDGE KAPLAN: Now, we have scheduled a second trial of counts that were severed before this case was tried. I believe it's set for March 11.

I would ask the government -- I will tell the government to let me know by February 1 if that's going to proceed. Obviously, it may be that you will come close to February 1 and there will be a good reason why you can't say. If that's so, you will let me know, but I want an update on that come February 1.

Now, what is the government's position with respect to setting a sentencing date on the present matter?

JUDGE KAPLAN: I am just going to wait until Andy gets back in a second because he is the only one who knows my calendar as between the two of us, or indeed I can try to fly blind on my own. Let's see if I can get my calendar.

We will set sentencing for March 28 at 9:30 in the morning.

Any defense submissions will be due February 16 and government submissions will be due March 8.

Is that enough time, Mr. Cohen?

JUDGE KAPLAN: February 27; government, March 15.

Is that enough time for the government?

JUDGE KAPLAN: The schedule is: Defendant submissions by February 27, government submissions by March 15, sentencing March 28.

Is there anything else we need to accomplish tonight?

JUDGE KAPLAN: Sure. That's fine.

Government.

JUDGE KAPLAN: December 11.

Reply papers by December 18.

I'll set an argument date later.

Anything else this evening?

JUDGE KAPLAN: I just want to express appreciation to counsel on both sides for a very well-prepared case and a great deal of cooperation between attorneys on both sides and a good job all around.

I think that's all I really want to say right now. Thank you very much.