Description

This transcript was hidden for 5 years. The reasons are clear from this extraordinary wiretap-cum-secret trial hearing.
At the hearing, the Government again objected to providing law enforcement tapes and other information to Goldberg since doing so would be in violation of Title III and the rights of Lawrence and the persons he spoke to on the phone.
Mr. Fierberg's rhetoric led him to argue that the law enforcement tapes would lead him to the "holy grail."
The bankruptcy Judge acknowledged he had no criminal powers. The Government had already argued that a bankruptcy judge has no authority to issue Title III orders. This was consistent with the US Attorneys' Criminal Manual sections that concern Title III applications and orders (posted on this site); Title III is a criminal statute and Title III orders can only be issued by a federal district court or appellate judge under that Title.
Repeatedly during the hearing, Fierberg conducted a charade by claiming he had not yet seen the FDC phone logs, "I would suggest as a first step if we could have the log, review the log. We, therefore, could then with our representatives who have been retained under seal, identify the calls that are important." However, in a clear "slip-up" by Mr. Fierberg, he had already attached those FDC logs, that he claimed he was requesting, as an exhibit to his motion-cum-wiretap application that he had earlier submitted to call that very hearing.
Fierberg further stated that it was unfortunate that only F.B.I. agents were authorized to listen to the law enforcement tapes. Obviously, that restriction would have prevented the passing of those tapes to Bear Stearns. Fierberg did not name Juval Aviv or Bear Stearns as recipients of the tapes.