1

1
2

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
______________________________
UNITED STATES OF AMERICA,

3
Plaintiffs

4
5
6
7
8
9
10

vs.

NO. CRIM. 14-263

JOSEPH SIGELMAN,
Defendant.

SENTENCE

______________________________
UNITED STATES COURTHOUSE
ONE JOHN F. GERRY PLAZA
4TH AND COOPER STREETS
CAMDEN, NEW JERSEY 08101
JUNE 16, 2015

11
B E F O R E:

12

THE HONORABLE JOSEPH E. IRENAS
UNITED STATES DISTRICT JUDGE

13

A P P E A R A N C E S:

14

U.S. ATTORNEY'S OFFICE
BY: PATRICK STOKES, ESQUIRE
ZACH INTRATER, ESQUIRE
TAREK HELOU, ESQUIRE
For the Government

15
16
17
18
19

QUINN EMANUEL URQUHART & SULLIVAN, LLP
BY: WILLIAM BURCK, ESQUIRE
WILLIAM PRICE, ESQUIRE
JUAN MORILLO, ESQUIRE
VERONICA YEPEZ, ESQUIRE
Counsel for Defendant

20
21
22
23
24

Certified as true and correct as required by
Title 28, U.S.C., Section 753.
/S/ Karen Friedlander, CRR, RMR

25

United States District Court
Camden, New Jersey

2

1

THE DEPUTY CLERK:

2

(OPEN COURT, June 16, 2015, 10:05 a.m.)

3

THE COURT:

4
5

All rise.

Good morning, everybody.

Please be

seated.
Okay.

This is the day set for the sentencing of Mr.

6

Sigelman based on the plea that was taken yesterday.

7

receive, this morning, a sentencing memorandum from both the

8

government and the defendant.

9

talk for a minute about the government's submission, but the

I did

I do -- I'm going to want to

10

first issue I want to deal with is -- in the normal sentencing

11

process, when there's not an 11(c)(1)(C), when there's just a

12

plea or a finding of guilty, the sentencing is a three-step

13

process.

14

and that, of course, is an adversary proceeding.

15

has its motive for, you know, wanting high or low, to the

16

extent it becomes a factor in the first -- in the third stage

17

under 3553(a).

And the first step is calculating the guidelines,
Each side

18

Here, the government says, well, I should do that here.

19

They even put a brief, the government likes to lecture me, and

20

the -- but they come up with a range of anywhere from 24 to 32

21

based on a varying assumptions.

22

MR. STOKES:

23

THE COURT:

Tell me, how --

Sure.
How am I going to make these assumptions

24

in a non-adversarial context, where neither side really cares

25

what it is?

United States District Court
Camden, New Jersey

3

1

MR. STOKES:

That's right, Your Honor.

And our point

2

-- our point was that, it is our understanding that the Court

3

would want to have that information.

4

fact, say in our sentencing memorandum, that we don't think

5

it's necessary.

6

been stipulated to, the guidelines range here isn't

7

particularly relevant --

8
9

We recognize and we, in

In fact, we think because of the range that's

THE COURT:

I mean, I don't even think that -- I

mean, I think the Third Circuit holding us to the proper,

10

which, of course, I agree with and I follow it hundreds of

11

times, I mean, I you know, is in the -- was not an 11(c)(1)(C)

12

situation.

13

It was just --

MR. STOKES:

Understand.

We're not asking the Court

14

-- we're simply -- if the Court wanted the information, we

15

wanted to make sure it was available, so if there's been a

16

waive of PSR we --

17
18

THE COURT:

Well, I see -- I see draft PSRs for

Weisman and Hammarskjold and that gave me a --

19

MR. STOKES:

20

THE COURT:

Fair enough, Your Honor.
It may not be quite identical.

Their

21

plea may be a little different in some ways than his, but it's

22

very similar as to -- as to the, in effect, Count 1 or the

23

equivalent of Count 1.

24

MR. STOKES:

25

THE COURT:

That's right.
The conspiracy with a five-year max, and

United States District Court
Camden, New Jersey

4

1

-- Mr. Sigelman's plea focused on the Foreign Corrupt

2

Practices Act.

3

was on both of the frauds.

Well, I think maybe Weisman's and Hammarskjold

4

MR. STOKES:

5

THE COURT:

6

MR. STOKES:

8

THE COURT:

10
11
12

We haven't seen --

Even though it's one -- even though it's

one conspiracy.

7

9

That's right.

Right.
They allocuted to both of them, where Mr.

Sigelman, in effect, allocuted basically to the Foreign
Corrupt Practices Act.
MR. STOKES:

That's right.

And I believe in their

plea agreement they stipulated to a guidelines calculation.

13

THE COURT:

14

MR. STOKES:

15

THE COURT:

16

to make a finding --

17

MR. STOKES:

18

THE COURT:

Yeah.
That is roughly 33, if I'm not mistaken.
Yeah.

Right.

So I really hesitate here

Your Honor -As I say, I'm aware of what the range is.

19

I mean, I understand that the most favorable calculation

20

might -- in your brief, would be a 24, which would take him

21

down to a 51 to 63 range.

22

MR. STOKES:

23

THE COURT:

And then it goes up from there.

Sure.
It could go up as high, where the high

24

end would be in the nineties or maybe even over a hundred,

25

depending on how you go, but --

United States District Court
Camden, New Jersey

5

1

MR. STOKES:

2

THE COURT:

3

MR. STOKES:

5

THE COURT:

MR. STOKES:

8

THE COURT:

10
11

Okay.
I just -- this is not an adversary

proceeding, and it should be an adversary proceeding.

7

9

It's not -- it's not my intention to make

a finding.

4

6

We understand, Your Honor --

Right.
Even if there's stipulations, you know,

it's still an adversary proceeding.

Here, neither side paid

any attention -- really paid any attention to that.
MR. STOKES:

We agree, Your Honor.

12

it's necessary.

13

information if it needed it.

14

THE COURT:

We don't think

We wanted to make sure the Court had the

Okay.

Well, as I say, I, to some degree,

15

had something quite similar -- I had something quite similar

16

with Weisman and Hammarskjold, so I don't know if it's exact,

17

but I mean it certainly gave me an order of magnitude that was

18

pretty similar.

19

And by the way, just I note that when the plea is to a

20

371, but with no substantive plea on a substantive charge,

21

it's actually quite frequent that the guidelines exceed the

22

statutory max.

23

back to the, whatever crime you're conspiring, and frequently

24

that has a much higher guideline.

25

example of that, where, if you follow the guidelines, you're

Because the conspiracy guidelines take you

And this is, in a sense, an

United States District Court
Camden, New Jersey

6

1

going to wind up with a number that exceeds the statutory

2

five-year maximum, so...

3

All right.

The way I'm going to proceed, I'm really

4

going to proceed -- I'm going to really go to the third stage,

5

you know, the 3553(a).

6

whoever is doing -- whoever is doing the argument, from the

7

lawyer.

8

anybody you want to speak, you know, like a family member or a

9

coworker or something, I'm going to let you orchestrate that.

10

I'm not saying you have to do that, but if you want to do it,

11

you just say, I want to -- I want to hear from so and so.

12

He'll come up to the podium, give his name and then he'll say

13

whatever -- he or she will say whatever they want to say.

14

I'm going to hear from -- well,

I'm then going to hear -- by the way, if you have

But when you finish your presentation, I'm going to

15

offer Mr. Sigelman the chance.

16

but I always -- I like to hear it and the -- well, and then

17

I'll turn it over to the government to give its take.

18

It's his constitutional right,

I'm going to alert the government to one thing that, I

19

don't know if it upset me is the right word, but sort of

20

caught my attention.

21

arguing very vigorously for a year sentence, or a year and a

22

day sentence, and pretty much implying that anything else

23

would not be a reasonable sentence, and I take issue with

24

that.

25

with a range, by the way.

The government filed a 25-page brief,

Because when you do an 11(c)(1)(C), I never had one
Every one I've ever done has just

United States District Court
Camden, New Jersey

7

1

been a number, you know, 132 months, 156 months, 84 months,

2

whatever it is, 33 months, you know.

3

It's been a number.

This is the first one, believe it or not, I've ever

4

seen with a range, and this district has a history of being

5

hostile to 11(c)(1)(C)'s district wide.

6

U.S. -- a string of U.S. attorneys did not like and that's why

7

we never had them, or never had very many of them.

It was something the

8

But my view is that when the government comes to me

9

with an agreement and says this is the range, they are, by

10

definition, saying, anything within this range is reasonable.

11

Because, otherwise, the government is in the position of

12

saying, I've agreed to this range, but I think it's

13

unreasonable, you know, the low end is unreasonable at this

14

range.

Do you follow what I'm saying?

15

MR. STOKES:

16

THE COURT:

Your Honor -I think the nature of -- you know, in a

17

regular sentencing, you just take your position.

18

your position is, you take it.

19

advance signed an agreement, which in effect says, anything

20

within this very narrow range is reasonable.

21

receive a brief which is telling me, if you don't do what I

22

think -- anything else would be unreasonable --

23

MR. STOKES:

24

THE COURT:

25

Whatever

Here, though, you have in

And for me to

Your Honor, we don't say that.
I have a feeling I'm being played with,

you know, maybe shift to me the criticism.

United States District Court
Camden, New Jersey

8

1

MR. STOKES:

2

did not say that in the brief.

3

is, we believe that an appropriate sentence here is, is the

4

top end of the range.

5

range, and we understand that the Court --

6

THE COURT:

Your Honor, first, we -- to be fair, we
What we've said in the brief

We understand that we stipulated to a

But it's more than just -- when you

7

stipulate to it, you're saying it's reasonable; otherwise,

8

you're in the position of saying, I stipulated to that, but I

9

think it's unreasonable.

10

MR. STOKES:

And we've not said that, Your Honor.

11

What we've said is that we believe, in light of all the facts

12

and the circumstances in the 3553(a) factors, we think that

13

the appropriate sentence here is the sentence we've

14

recommended.

15

somewhere else in the range is unreasonable.

16

that nowhere in our filing, and we certainly don't mean to say

17

that, Your Honor.

18

We've certainly not said that a sentence
And we've said

Our point is, we think that the appropriate outcome

19

here is as we've set it forth.

20

argument is what it is and -- and, you know, we've certainly

21

had discussions with the defense about that fact, we've had

22

discussions with the Court about that fact.

23

THE COURT:

24

MR. STOKES:

25

We understand the defense

No, I -And this is -- this is our position, but

we're certainly not intending to shift any blame anywhere or

United States District Court
Camden, New Jersey

9

1

suggest anything.

2

THE COURT:

3

MR. STOKES:

Well, just be alert to how it hit me.
Mm-hmm.

Certainly, Your Honor, our only

4

point was to let the Court know that we feel that this is our

5

-- we're advocates for the United States.

6

position.

7

is, from the government's perspective, the right outcome.

8

We've won some and lost many.

9

THE COURT:

10

This is our

That's all we meant by that, is that we think this

MR. STOKES:

We understand that our --

You said won?
We've won some arguments, lost many in

11

courts, and so we are certainly aware of the fact that what we

12

have --

13
14
15

THE COURT:

You're not talking about this case,

you're talking about courts, generally.
MR. STOKES:

In general.

And so we certainly

16

understand that the Court may disagree with us and -- and it

17

certainly is part of the stipulation, that there's a --

18

there's a range that the Court can sentence in, and we

19

understand that we have to live with that, and we're simply

20

making a recommendation as to what we think is the appropriate

21

sentence here, from our perspective.

22

THE COURT:

Yeah.

Again, an 11(c)(1)(C) with a

23

range, to me, to some degree, is almost a contradiction in

24

terms, but -- there's a whole concept to the (c)(1)(C).

25

agree in advance to what it's going to be and you agree to

United States District Court
Camden, New Jersey

You

10

1

something both sides think is reasonable, but -- all right.

2

Mr. Burck, or Mr. Price, or both of you.

3

MR. BURCK:

Judge, it will be I.

4

THE COURT:

Can any either work like a ventriloquist?

5

Can he make it look like you're speaking --

6

MR. BURCK:

It would be much better that way.

7

THE COURT:

But his lips don't move, but he's the

8

one, your know.

9

MR. BURCK:

It's much better that way.

10

THE COURT:

Like Edgar Bergen and Charlie McCarthy,

11
12

you know.
All right.

13

MR. BURCK:

Judge, I won't be very long.

14

THE COURT:

You can take as long as you want.

15

MR. BURCK:

I don't know if you want me to do it here

16
17
18
19
20

or if I should do it at the podium.
THE COURT:

MR. BURCK:

22

this case, as --

25

And I appreciate that, Judge.

Judge, again, I -- we're not going to take a lot of the
Court's time.

24

You know I'm very loosey

about where you stand in the courtroom.

21

23

As you see fit.

The Court has seen two weeks of evidence in

THE COURT:

I remember, there was very extensive

pretrial practice.
MR. BURCK:

Extreme.

United States District Court
Camden, New Jersey

11

1

THE COURT:

I mean, motions and stuff, so I've --

2

I've gotten to see a lot over, you know, in addition to the

3

two weeks of trial, you know, as you know, we had --

4

MR. BURCK:

A year and-a-half, a year.

5

THE COURT:

Probably a half a dozen interactions over

6
7

various motions and things like that.
MR. BURCK:

Absolutely, Judge.

And Mr. Sigelman, as

8

you've noted, this case has received some attention, to go to

9

the fact that his background is also known to you.

We've

10

decided to -- to really focus only on the aspect to give a

11

little more context to his life and what he's done, so that

12

you had some more history of his personal life and his work at

13

Office Tiger, his work at AG&P.

14

Obviously, his work at PetroTiger ended poorly, ended

15

badly, and in a plea here, but those other -- his other

16

businesses and his life with his family and his children.

17

So, Judge, we really don't want to spend much time

18

trying to lecture the Judge, lecture you about anything,

19

because, as we said in our paper --

20
21

THE COURT:

The only person who has a license to

lecture me is my wife.

22

MR. BURCK:

Exactly, Judge, and --

23

THE COURT:

A license she exercises with great

24
25

diligence and frequency.
(Laughter.)

United States District Court
Camden, New Jersey

12

1

MR. BURCK:

Well, Judge, in the 3553(a) factors we've

2

said in our brief, we know you've done hundreds, thousands

3

potentially, sentences.

4

going to lecture you about.

5

appreciation of that than anybody in this courtroom does.

This is not something that we're
You under -- you have a better

6

So, Judge, our -- and just with respect to the

7

government's 30-page brief, we didn't have a chance to review

8

it and --

9

MR. STOKES:

Twenty-five.

10

THE COURT:

Twenty-five page.

11

MR. BURCK:

Excuse me, 25-page brief.

We didn't have

12

a chance to review it and respond to it, and I'm not going to

13

spend much time responding today.

14

aware that Mr. Sigelman did not plead to anything related to

15

the five, really, five and-a-half counts.

16

THE COURT:

Obviously, the Court is

Yeah, that's the difference, in a sense.

17

Even though the statute is the same, the allocution is

18

different.

19

MR. BURCK:

Exactly, Judge.

And he pled to the

20

object, the FCPA object in the first count.

21

brief --

22
23

THE COURT:

So much of their

Also he pled it in kind of a willful

blindness concept.

24

MR. BURCK:

Exactly.

25

THE COURT:

As opposed to a actual knowledge concept.

United States District Court
Camden, New Jersey

13

1

MR. BURCK:

Exactly.

2

THE COURT:

Although as a legal matter they're the

3

same, but nevertheless there was a slight difference.

4

MR. BURCK:

Exactly, Judge.

5

THE COURT:

In the way the allocution went.

6

MR. BURCK:

Exactly.

So much -- most of what the

7

government has written in its brief, we actually disagree

8

with, certainly as it applies to the kickbacks and those

9

allegations, the allegations that the government dropped.

10

Even as to the FCPA, they largely rely on testimony of Mr.

11

Weisman, who we believe admitted to making false statements to

12

the jury, as the Court --

13
14

THE COURT:

Well, I guess as to the first two

questions on whether -- was it Wednesday?

15

MR. BURCK:

Thursday.

16

THE COURT:

Thursday.

17

The first two questions that

were asked at 8:30 when we started.

18

MR. BURCK:

Right.

19

THE COURT:

Created somewhat of a surprise.

20

MR. BURCK:

Something of a surprise.

And I think,

21

Judge, I think you actually -- you helped him, because you

22

asked him if he had hallucinated, what he had said.

23
24
25

THE COURT:

That's right.

The press picked that up.

No, he said he mis-remembered.
MR. BURCK:

Mis-remembered, right.

United States District Court
Camden, New Jersey

14

1

THE COURT:

And I had never heard that word before,

2

and so I asked him whether he had an -- if that meant he had a

3

hallucination of some kind, and that was -- that was picked up

4

by Reuters.

5

Somebody picked it up, Bloomberg.

MR. BURCK:

And that was actually the best help that

6

Mr. Weisman got in those several days he was on the stand,

7

because, otherwise, he was admitting to making a false

8

statement to the jury.

9

But, Judge, all that aside, the fact is that what we'd

10

like to do is, again, we respect the Court a great deal.

11

know the judgement that you have -- tremendous amount of

12

experience with sentencings and that you understand the facts

13

of this case, you understand Mr. Sigelman's personal history.

14

We don't intend to have his family or his friends or his

15

colleagues come and --

16

We

THE COURT:

I didn't mean to suggest that you should

18

MR. BURCK:

No.

19

THE COURT:

I just wanted to give you the opportunity

17

20
21

do that.
I just wanted to explain, Judge.

if you felt like it.
MR. BURCK:

Absolutely, Judge.

And typically --

22

typically we would, but we have viewed this as a

23

non-adversarial proceeding, and so we thought it would be --

24

again, we thought that the Court had a very good idea of Mr.

25

Sigelman's history.

United States District Court
Camden, New Jersey

15

1
2

So Mr. Sigelman will speak briefly to the Court,
address the Court in a moment.

3

And just one last point.

On the Court's point to the

4

government about 11(c)(1)(C) pleas, that explicitly the rule

5

says that any sentencing range that's agreed upon is, quote,

6

appropriate disposition of the case.

7

So by definition, the government is agreeing.

8

THE COURT:

Well, that was the point I was trying to

10

MR. BURCK:

That's correct.

11

THE COURT:

-- before, is that if you couple an

9

make --

12

11(c)(1)(C) with a range, which is itself unusual, but that

13

anything within that range should, by definition, be deemed

14

reasonable.

15

MR. BURCK:

That's right, Judge.

16

rule requires it.

17

have said it is an appropriate disposition.

18

And, in fact, the

It says that they -- by definition, they

So, Judge, as you know, we were asking for a

19

noncustodial term of probation with the Court's discretion as

20

to the terms, and the other aspects of the plea that were

21

already agreed to, and then of course the fine as the Court

22

deems appropriate.

23
24
25

And with that, Judge, I will ask Mr. Sigelman to stand
and address the Court.
THE COURT:

Okay.

United States District Court
Camden, New Jersey

16

1

THE DEFENDANT:

Your Honor, I stand before you today

2

with humility and remorse.

3

hold myself to the highest standards and to live virtuously.

4

Now, I accept responsibility for the actions that have led to

5

this plea.

6

I have tried throughout my life to

Out from this, and the self-reflection this experience

7

has engendered, I will strive to earn back trust from those

8

around me, by my future deeds.

9

friends, and to this community for what has happened.

I apologize to my family,
It is

10

with deep respect to this Court, to the dedicated and selfless

11

jurors who listened carefully and devoted their time to this

12

case, to the prosecution, as well, and to the many fine and

13

hard-working people who have brought this trial together.

14

them, I express my gratitude.

15

To

I also have a new and deep appreciation for the

16

instrument of the trial itself.

17

leading a good life of -- a life of good works from here.

18

Thank you.

With this, I commit to

19

THE COURT:

Thank you very much, Mr. Sigelman.

20

MR. BURCK:

Thank you, Your Honor.

21

THE COURT:

Mr. Stokes or Mr. Intrater, whoever is

22
23
24
25

going to make the argument.
MR. STOKES:

I am, for the government, Your Honor.

Your Honor, clearly, the Court is very familiar with
the record, so just as Mr. Burck did not, I'm not going to

United States District Court
Camden, New Jersey

17

1

belabor the facts of the case for very long, but I do want to

2

talk a little bit about what we believe the facts show and --

3

and why we think that a custodial sentence and, as we've

4

recommended, a sentence at the top of the range is the

5

appropriate sentence here, from the government's perspective.

6

First, Judge, I just want to make an important point,

7

we think.

8

acknowledges making a mistake, and understanding that in the

9

-- in the, you know, moments after a plea and a sentencing one

10
11

In the defendant's sentencing memorandum, he

day later, I understand that word choice.
But we want to be clear that what the defendant has

12

admitted to in court, in his plea, is participation in a more

13

than six-month bribery scheme, in which he directed others and

14

approved payments, four payments of over $300,000, to a

15

government official, in order to obtain a contract, an oil

16

services contract, a Mansarovar contract.

17

THE COURT:

18

MR. STOKES:

19
20

In Colombia.
In Colombia.

That's more than 45 --

that was worth approximately $45,000,000.
So this -- this wasn't sort of an aberrational moment,

21

one-time mistake or anything of that nature, but rather this

22

was a complex long-running scheme in which he, Knut

23

Hammarskjold and Greg Weisman and lower-level employees were

24

involved in, in orchestrating surreptitious payments, illegal

25

payments, what he's acknowledged were intentionally unlawful

United States District Court
Camden, New Jersey

18

1
2

payments, in order to obtain this contract.
And certainly, he's -- he allocuted yesterday to

3

willful blindness, and what we would point out is, of course,

4

that willful blindness that he allocuted to relates to the

5

status of David Duran as an Ecopetrol employee, not with

6

regard to --

7
8

THE COURT:

But that's a -- that's a -- that's an

element of the --

9

MR. STOKES:

10

THE COURT:

Absolutely.
-- of the offense.

If he -- you knew

11

that the person you were paying the bribes to was a government

12

official.

13

offense.

14

I mean, that's actually -- that's an element of the

MR. STOKES:

That's right, Your Honor.

And so I just

15

wanted to be clear that -- that he certainly isn't

16

acknowledging -- he acknowledges that he was -- he was aware

17

that he was making unlawful payments.

18

And -- and so, Judge, you know, we've argued this in --

19

through pretrial filings, and I think, you know, through our

20

evidence with Mr. Weisman, and other evidence that we've put

21

before the Court or described to the Court in the past and

22

would have put on in this trial, we think our evidence shows

23

that the defendant was actually aware of Mr. Duran's status,

24

but that's really of no particular moment to this sentencing,

25

of course, from a legal standpoint, whether he was

United States District Court
Camden, New Jersey

19

1

intentionally blind to certain facts or whether he actually

2

knew it.

3

It doesn't -- doesn't change, really, anything.

He's no less culpable, but we would simply point out

4

that the facts we -- we presented and would have presented had

5

trial continued, we think would have shown that he had, in

6

fact, greater knowledge.

7

Putting aside Mr. Weisman's testimony on this fact,

8

Mr. Hammarskjold would have testified to this fact, as well as

9

the vice-president of finance, Mr. Calderon, having

10

overheard -- I described it in our brief, but having overheard

11

a conversation with Mr. Sigelman in which Mr. Sigelman talked

12

about paying bribes to -- I'm sorry, Mr. Duran of Ecopetrol

13

asking for bribe payments.

14

And so, Your Honor, we -- we think it's important to

15

recognize, and certainly we have emphasized, that the

16

defendant's role in this case is not a minimal one.

17

defendant was the undisputed leader of PetroTiger.

18

evidence indicates that he was the undisputed -- that he was

19

the leader of this bribery scheme and that he was aware of all

20

facets.

21

him.

22

invoices were false and that this was a cover-up scheme.

23

The
The

The e-mails and invoices from Johanna Navarro went to

He directed the payments.

So this isn't aberration.

He was aware that these

The defendant, Your Honor,

24

is understandably, and appropriately so, which we're not

25

suggesting otherwise, in the opening and in closing, attacked

United States District Court
Camden, New Jersey

20

1

Mr. Weisman, quite effectively, in fact, but in the end, he

2

has acknowledged the very crimes that Mr. Weisman, himself

3

acknowledged, Mr. Hammarskjold has acknowledged, and we think

4

that's important, but he has acknowledged what they -- what

5

Mr. Weisman testified to, that Mr. Weisman did not go into the

6

FBI and lie to them about the defendant's involvement in the

7

FCPA scheme, in order to curry favor.

8

That Mr. Weisman did not falsely implicate himself on

9

the FCPA scheme in order to curry favor with the FBI and the

10

kickback scheme, but rather that he, himself, was involved in

11

the bribery scheme.

12

THE COURT:

13

But, in effect, he admitted perjury in

this courtroom.

14

MR. STOKES:

Your Honor, we've taken a look at the

15

transcript, and I think we have a disagreement with the Court

16

on that point, but I'm not sure -- it's neither here nor

17

there, on whether he admitted perjury.

18

did.

We don't believe he

What -- but importantly, Your Honor --

19

THE COURT:

20

MR. STOKES:

It was an hallucination.
Certainly the Court suggested that, and

21

so what we -- Your Honor, what we believe the evidence would

22

have shown, with our additional witnesses, Mr. Hammarskjold,

23

Mr. Calderon, other -- Mr. Nunez, who is the treasurer of

24

PetroTiger, is -- and certainly Mr. Sigelman's own admissions,

25

is that this FCPA scheme most certainly happened, and Mr.

United States District Court
Camden, New Jersey

21

1

Sigelman most certainly was involved in it.

2

And so we don't think that's a hallucination.

3

understand Mr. Weisman was a very problematic witness on the

4

stand and admitted to making false statements in the

5

courtroom.

6

Your Honor, is that there certainly were other witnesses that

7

we had brought to the Court's attention.

8

not sure it matters, but Mr. Sigelman, himself, has

9

acknowledged the crimes --

10

We understand that.

THE COURT:

But the point I'm making,

And ultimately, I'm

But he was facing -- he was facing, like

11

a 20-year sentence or something like that.

12

could have gone ahead.

13

blocked out to try the case.

14

MR. STOKES:

15

arguing facts here.

16

THE COURT:

17
18

We

We had a jury, he

I was -- I had the next four weeks

That's right, Your Honor.

We're simply

I'm not reluctant to try cases and -- but

you chose to go this route.
MR. STOKES:

That's right, Your Honor.

And so the

19

point I'm making is simply that -- is that we have a broad

20

sweep of evidence that we think supported the admissions that

21

Mr. Sigelman himself made.

22

In terms of a sentence, an appropriate sentence, Your

23

Honor, what we've identified in our memo is, we think the most

24

important 3553(a) factors are the seriousness of the offense

25

and general deterrence.

United States District Court
Camden, New Jersey

22

1

I'll start with the second first.

General deterrence.

2

In a complex white-collar case, certainly in a FCPA case,

3

where there are numerous difficulties to obtaining evidence

4

overseas, there are often opinions -- we are often -- the

5

government is in a position of obtaining evidence from

6

overseas, from years past, obtaining witnesses from overseas,

7

and because of the complex and difficult nature of building

8

these cases, we think that --

9

THE COURT:

Well, I mean, that's a general statement.

10

The fact of the matter is, Duran was over in this country, in

11

fact, wanted to stay here, if he could have arranged it.

12

he was, in a sense, in your control.

13

cooperating with you.

14

MR. STOKES:

15

THE COURT:

And

I mean, he was

Wasn't cooperating with the defense.
Your Honor -So I don't know what difficulty you're

16

exactly talking about.

17

investigation done by Sidley & Austin, basically dumped --

18

dumped the case in your lap.

19

MR. STOKES:

20

THE COURT:

You had PetroTiger through the

So -You know, I mean, so you could talk

21

generally how difficult this is.

22

legal issues, but -- what was difficult?

23

particular difficulty here?

24

MR. STOKES:

25

THE COURT:

There may have been certain
What was the

You had --

Sure.
-- two co-conspirators pled guilty early

United States District Court
Camden, New Jersey

23

1

on cooperating, alleged co-conspirators.

2

right in the country talking to you.

3

know, he was hiding somewhere in the jungle of Colombia to

4

avoid -- he actually wanted to be here.

5

Sidley & Austin, turned over thousands and thousands of -- I

6

think it was 4,000 pages.

7

was some very large number of documents, and had done -- you

8

know, and Sidley does this kind of work in other context.

9

mean, they know what they're doing, and they -- you know, and

10

It was not as if, you

And then you had

I can't remember the number, but it

I

they did all this investigation.

11

You know, you tell me as a general matter, it's hard to

12

prove Foreign Corrupt Practices Act.

13

form of --

14

MR. STOKES:

15

THE COURT:

16

You had Duran, here

I guess as a generic

Absolutely, Your Honor.
-- that's difficult.

But in this case,

what was the difficulty?

17

MR. STOKES:

And, Your Honor, there's ample Third

18

Circuit case law, Supreme Court case law, and otherwise on the

19

point of general deterrence.

20

simply a general point, that the white -- complex white-collar

21

financial crimes are difficult to prove, FCPA cases are

22

difficult to prove, and so, therefore, we believe that a

23

sentence of incarceration is -- sends an important message

24

in --

25

THE COURT:

And the point I'm making is

Well, I guess they haven't been in my

United States District Court
Camden, New Jersey

24

1

court because I tried several.

2

and-a-half-month criminal white-collar case, in which I gave

3

the longest tax fraud sentence ever given, twice what Al

4

Capone got, for someone who was engaged in a tax fraud trial.

5

I've done three or four --

6

MR. STOKES:

7

THE COURT:

I tried a nine

And we certainly support that.
I've done three or four big white-collar

8

cases, all resulted in convictions and all resulted in

9

substantial sentences.

10

MR. STOKES:

11

THE COURT:

12

MR. STOKES:

13

I don't know what you're talking about.
So, Your Honor, the point we're making

is again --

14
15

Absolutely.

THE COURT:

You chose not to complete the trial, not

me.

16

MR. STOKES:

Of course.

Of course, Your Honor.

And

17

the point we're making is that Mr. Sigelman has admitted the

18

crime --

19
20
21
22

THE COURT:

In some form, you're going to have to

explain why, but maybe not here.
All right.

Go ahead.

MR. STOKES:

So, Your Honor, from a general deterrent

23

standpoint, we believe in all white collar -- complex

24

white-collar cases, a sentence of incarceration is

25

appropriate.

I don't think that's a surprising argument for

United States District Court
Camden, New Jersey

25

1

the government.

2

reason.

3

We think it's appropriate here for that

THE COURT:

And you use the word "appropriate," and,

4

of course, 11(c)(1)(C) says, agree that a specific sentence or

5

sentencing range in the -- is the appropriate disposition.

6

That's actually right from 11(c).

7

MR. STOKES:

8

THE COURT:

9

agree, would be appropriate.

10

appropriate.

11

off that.

Understood.
So, yeah, a year and a day or a year, I
But equally, probation is

By def -- you agreed to that.

You can't back

And your brief really does back off that.

12

MR. STOKES:

13

Court, respectfully.

14

certainly, as the agreement makes clear, Your Honor, we are

15

permitted to argue for a sentence within the range.

16

what we're doing, and we think it's -- we're entitled -- the

17

United States is entitled to make such an argument, and so

18

we're asking for a sentence of incarceration.

19

general deterrence calls for it, Your Honor.

20

Your Honor, and we disagree with the
And what we're putting forward is

That is

We believe

We also believe that this is a -- that this and these

21

types of cases are significant cases, and we believe that from

22

a deterrent standpoint, a sentence of incarceration sends a

23

more powerful message and, therefore, we ask the Court simply

24

to take that into account.

25

We ask for a sentence of incarceration, as we've put

United States District Court
Camden, New Jersey

26

1

forth in our brief.

2

end of the range.

3

that, but that's certainly why the government is reaching the

4

position it's reaching.

5

We're asking for a sentence at the top

We understand the Court may disagree with

It's certainly not in any way, shape or form attempting

6

to change the terms of the agreement.

7

what our plea agreement permits us to argue and as the parties

8

contemplated.

9

THE COURT:

Okay.

10

MR. BURCK:

No, Your Honor.

11

THE COURT:

Okay.

We're arguing exactly

Anything you want to add?
Thank you.

Well, all right.

I start with the

12

basic proposition, that although Mr. Stokes says that his

13

brief doesn't argue that probation will be an inappropriate

14

sentence, he really does.

15

he really does argue that.

16

sentence would be the maximum.

17

that's the gist of the brief.

18

I mean, he really -- he really -And that the only appropriate
Doesn't use those words, but

And I think that concept is -- of the notion that we

19

stipulate a range, that there would be a knock-down, drag-out

20

fight between the two parties, where within the range is

21

really not contemplated.

22

contemplation of 11(c)(1)(C).

23

You know, I don't think that's the

So I start with the proposition, that by agreeing to

24

this, the government has, in fact by stipulation, agreed that

25

anything within that one-year range, meaning probation to a

United States District Court
Camden, New Jersey

27

1

year and a day is and I guess the word, is the "appropriate

2

disposition."

Those are the words in the rule.

3

And I start with that.

4

On the -- on the question of general deterrence, I

5

believe in general deterrence, don't get me wrong.

6

it's, you know, built into the warp and woof of our, you know,

7

our sentencing regime, has been for 200 years, or however long

8

we've been sentencing people.

9

overblown, and to some degree, general deterrence is like The

I think

Although I do think it could be

10

Emperor's New Clothes.

11

when I do a sentence, is three years enough general

12

deterrence, is one year enough, is ten years enough?

13

know, that's in, really, a category, beauty is in the eyes of

14

the beholder.

15

I mean, you know what -- you know,

You

And I believe that, in the case of Mr. Sigelman, at

16

least, a plea and conviction here has got pretty devastating

17

consequences for -- from the concept of general deterrence.

18

mean, to stand up in a court, you know, and admit a crime like

19

that, for somebody with his background, you know, who started

20

-- well, three businesses, and to some degree or other, even

21

including PetroTiger have been successful, to different

22

degrees.

23

minimize the impact of being a convicted felon.

24

simple as that.

25

But I just don't think you can, in his case,
It's as

And, once again, I think when the government agreed

United States District Court
Camden, New Jersey

I

28

1

that that's an appropriate disposition, they're really talking

2

about the factors of 3553(a), that it's appropriate.

3

it's general deterrence, specific deterrence, just punishment,

4

seriousness of the offense, character of the defendant, all

5

those factors that are in -- and the principle of lenity, of

6

course, too, which is actually the first sentence of 3553(a),

7

which is, the sentence shall be no more serious than necessary

8

-- or severe than necessary to carry out the goals of

9

sentencing.

Whether

That's the, I think, the very first -- very first

10

clause of 3553(a), if I'm not mistake, precedes all the other

11

seven factors.

12

Well, so I'm satisfied that -- that not with -- that

13

anywhere within the range that was allowed, will satisfy the

14

goals of general deterrence and specific deterrence.

15

that's a separate issue, as to whether he, himself, is going

16

to do it again.

17

that I sentence in certain kinds of cases that I sentence to

18

ten years, and I'm convinced they're going to go out, as soon

19

as they get out, they're going to be, within weeks, doing what

20

they were doing before they went in ten years earlier.

21

I mean,

And, you know, I have -- there are people

But that's not the case here.

I am convinced that --

22

that the chance of recidivism in the white-collar field for

23

Mr. Sigelman is about as low a possibility as almost any case

24

I've had.

25

I just don't see it.

And again, as to general deterrence, I think in the

United States District Court
Camden, New Jersey

29

1

white collar world, that -- at least that we're dealing with

2

here, that, you know, standing up in a courtroom and pleading

3

guilty, and as I say, being branded a convicted felon, is a

4

very serious general deterrence.

5

I also believe that one of the very first things in

6

3553(a) is the character of the defendant.

7

showed, I'll call it a character flaw, if you want to call it

8

that here, in making the decisions he did make, with respect

9

to the -- that particular contract.

10

Now, clearly, he

The -- but, in many other respects, you know, Mr.

11

Sigelman has the potential to do -- well, in fact, has done, I

12

mean, he's been responsible, in a way, for the employment of

13

thousands of people who had jobs.

14

believe it was thousands, that had thousands of employees, I

15

think.

Office Tiger employed, I

16

MR. BURCK:

Right.

17

THE COURT:

I think there was more than 2,000 or

18

something, employees of Office Tiger.

19

MR. BURCK:

Yes, Your Honor, thousands of employees.

20

THE COURT:

What?

21

MR. BURCK:

Thousands of employees both at Office

22
23

Tiger and AG&P.
THE COURT:

I knew in Petro -- even PetroTiger had a

24

fair number -- fair number of employees.

25

exact number, but it was certainly in the hundreds, if not the

I don't remember the

United States District Court
Camden, New Jersey

30

1

thousands, and he's got a new venture, which, again, also

2

holds the possibility of -- of employment.

3

potential and proven ability to do great good for society.

4

So he has the

And I do believe, as I say, I've done -- I had one year

5

where I did more than a hundred sentences, just one year, and

6

I don't know that, you know, that Mr. Sigelman, when it turns

7

-- when I consider the risk of recidivism, which is something

8

I always do consider when I sentence anyone and when I'm

9

looking at deterrence, is about as low as, I believe, I would

10

find in -- in the full range of cases I've had, which have

11

included white-collar cases, as well as more traditional fare,

12

you know, drugs and things of that sort, which I do.

13
14
15

And so I am going to sentence Mr. Sigelman to probation
with a three-year term of supervised release.
One of the issues that has come up was the issue of

16

whether he could go overseas during probation.

17

particular opposition to that, but I believe that can be -- I

18

mean, I don't oppose that, but I think he should get -- get

19

leave from probation when he does it.

20

mean, if they turn it down and he thinks they're wrong, he can

21

come to me and I can decide it.

I have no

He should call them.

22

But I'd feel a little more comfortable if when you go

23

overseas, that if he had to go to them and say, look, I want

24

to spend a week in wherever, and I'm going to leave this day,

25

come back this day, I'm going to stay at this hotel or this

I

United States District Court
Camden, New Jersey

31

1

house, wherever -- wherever he is staying, and -- because

2

they're going to look not just at the terms of his probation,

3

but they're going to look at the terms of, you know, is he

4

doing a good job on probation.

5

mean, I think it's going to be as clean as a hound's tooth,

6

but I really don't know.

7

right to make that judgment at the time.

8
9

And I can't predict now.

I mean, I think they should have the

And, for instance, if for some reason they thought he
was being noncompliant in certain ways, they might decide that

10

it's not appropriate to let him go, to travel overseas.

11

you follow me?

12

I

Do

So I am not -- I mean, I'm not in any generic sense

13

opposed to him, you know, keeping up his business and trying

14

to make it grow and expand it and do whatever he does, but I'd

15

like it to be cleared on each occasion by probation.

16

Now, they may, after a year or two, they may say, you

17

know, well, we'll make a blanket now where he can do -- he's

18

done it so many times, we're satisfied he's not going to...

19

But, I really want them to make the call, based on the facts

20

on the ground at that very moment, whether he can look back

21

and say, okay, he started his three-year term of probation on

22

this date and he's had no violations, he's reported fully,

23

he's done this, he's done that, and they can make the

24

decision.

25

And as I say, he always has the right to -- and I

United States District Court
Camden, New Jersey

32

1

handle those all the time, where probation has turned

2

something down and they come to me, the attorneys petition me

3

to, in effect, overrule them.

4

don't.

5

And sometimes I do, sometimes I

But -- and he has that right.
Now, the next issue I want to deal with, there has been

6

an agreement that he will pay restitution, and I think it's,

7

in effect, to PetroTiger.

8

Attorney's Office, but --

9

MR. STOKES:

10
11

THE COURT:

MR. STOKES:

13

THE COURT:

I mean, it will go through the clerk of

The clerk's office.
But at the end of the day, it's going to

go back to PetroTiger.

15

MR. STOKES:

16

THE COURT:

17

That's right, Your Honor.

the court.

12

14

I mean, it will go through the U.S.

That's right.
And the number, I think, is what, 239,000

and change?

18

MR. STOKES:

19

THE COURT:

20

MR. STOKES:

21

THE COURT:

Yes, Your Honor, it's -What's the exact number?
It's $239,015.54.
Okay.

That number he's agreed to make

22

restitution for, and -- and I believe -- and I'm going to --

23

I'm going to direct it, that that be paid within 30 days from

24

today.

25

MR. STOKES:

I believe, if I could correct the

United States District Court
Camden, New Jersey

33

1

number, I think we got -- it's not going to make it much of a

2

difference, but it's $239,015 --

3

THE COURT:

4

MR. STOKES:

5

THE COURT:

6

days.

7

0015?
You have 239,015.
45 cents, okay.

45, not 54.

I want that paid in 30

Okay?
The next issue is that a -- a fine.

I believe there

8

should be a fine paid here, and I -- by the way, I confer with

9

the parties that they agreed I had a right to impose a fine

10

here.

11

my discretion in that field.

12

of $100,000.

13

days.

14

That their (c)(1)(C) agreement did not limit in any way
And I'm going to impose a fine

And once again, I want that paid in -- in 30

Now, granted, I don't have -- you know, normally, when

15

probation does it, there's a form, a financial form you fill

16

out with your, you know, kind of down and dirty financial

17

statement that the defendant is supposed to give to the Court.

18

I don't have that, but I have other indicia.

19

For instance, I know he has a 500,000-dollar bail

20

package, which he would be entitled to have returned, and that

21

would cover, quite candidly, both the restitution number to

22

PetroTiger and the fine.

23

But I have every reason to believe there are other very

24

substantial assets here from, you know, my overall history

25

here.

United States District Court
Camden, New Jersey

34

1

So, even though I don't -- have not seen -- that form

2

was never filled out, that probation normally gets filled out

3

when they do a presentence report, I have enough information

4

from other aspects of this case to say that a

5

hundred-thousand-dollar fine, and that's within the statutory

6

limit, the fine is actually the highest of 250 or -- gain or

7

loss and -- so I want a hundred-thousand-dollar fine paid to

8

the government.

9

Also, I'm imposing a special assessment, pursuant to

10

3013 of Title 18, of $100.

11

3013, and he has to pay that $100, also within 30 days, I want

12

that paid.

13
14
15

That's mandatory.

Again, that's

The -- otherwise, it will be the -- it will be the
standard conditions of probation.
Now, where does he intend to live?

16

MR. BURCK:

In Miami, Your Honor.

17

THE COURT:

In the place that -- in the condo he owns

19

MR. BURCK:

Yes, Your Honor, yes.

20

THE COURT:

All right, then, he will be supervised,

18

in Miami?

21

what, by the Miami probation department, their people will be

22

doing it?

23

MR. STOKES:

Your Honor, that's our best guess.

Our

24

understanding is that that's where he was supervised in the

25

past, and I would assume that would continue.

United States District Court
Camden, New Jersey

35

1

THE COURT:

Okay.

Once again, I have no particular

2

aversion to him doing some traveling within the United States,

3

if -- related to his business ventures, but I want the same

4

condition.

5

probation in Miami.

6

advance.

7

and I'm -- right now, I'm predicting what's going to happen to

8

him, you know, and I don't know.

9

want to go to New York because I'm negotiating a deal, I have

I want him to clear it with, I think it will be
I want him to clear it with them in

Again, because they have all the facts up to date

They'll know, if he says, I

10

to be in New York, you know, for a couple of weeks.

11

know how he's done on probation.

12

reported, they'll know whether he had any violations, you

13

know.

14

But we'll

They'll know whether he

They'll -- they'll be in a position to analyze that.
And once again, as I say, if counsel thinks it's -- a

15

mistake has been made or it's inappropriate, they can come to

16

me and at least I can say, which is not always the case,

17

sometimes I have prisoners who really don't have, or

18

probationers or supervised release people who don't have

19

access -- really have meaningful access to counsel.

20

does.

21

-- he can get counsel.

22

impaired vision, my eyes tell me that he'll be able to do

23

that.

24
25

But he

He'll have -- if he needs counsel, he'll do something
I'm satisfied of that.

And -- all right.

Even with my

Is there anything else?

Oh, I want

to advise the defendant, he does have a right to appeal.

United States District Court
Camden, New Jersey

He

36

1

has 14 days.

2

can appeal -- you can appeal your sentence.

3

-- you have a right to appeal.

4

right hasn't been waived, but that's a different story.

5

That's a decision that's not made by me.

6

Circuit and, indeed, the clause in this case, even

7

specifically gives the U.S. Attorney the right to challenge --

8

if he files an appeal, to challenge that he's waived that

9

right of appeal, or has waived that post-conviction relief

10
11
12

You can appeal.

Even if you plead guilty, you
You have a right

That -- that doesn't mean the

That's made by the

right.
But still, check with your office, Mr. Intrater, you'll
see how they do it in every case.

13

MR. INTRATER:

14

THE COURT:

Will do, Judge.

But the -- he has a right to appeal and

15

-- and what makes this unique is that regardless of the advice

16

he gets from counsel, that's his decision.

17

decision that is kind of delegated to counsel.

18

of a strategic or tactical decision in the course of trial,

19

whether to object or not to object.

20

that decision.

21

decision to take the stand is only the defendant can make.

22

That's not a
It's not kind

The attorney can make

But this is one where, you know, make the

So I'm asking Mr. Burck to consult with his client, and

23

if he wants to appeal, to -- to file a notice of appeal with

24

the district court clerk.

25

the appeal, you understand that.

I'm not committing you to taking
Just if, for some reason, he

United States District Court
Camden, New Jersey

37

1

wants to file, that he -- that it gets filed, that's all.

2

MR. BURCK:

Yes, Your Honor.

3

THE COURT:

And again, I recognize that he has a very

4

broad waiver of both the right to appeal and his right to

5

post-conviction relief.

6

reserved the right to bring that -- to move before the

7

Circuit, and at least in my case, in the few cases where

8

someone did file, the Circuit has dismissed it on motion.

9

U.S. Attorney's Office filed a motion to strike the appeal,

And the government has clearly

The

10

and at least in my -- there were a few cases I've had of that,

11

been successful.

12

enforced the waiver.

13

do, but in the few cases that I've had, they've always, to my

14

knowledge, they've always enforced it.

15

practice.

16

They've been -- in other words, they've
I don't know what across the board they

On motion, on motion

So if you'll do me that favor and, as I say, if he

17

wants -- if he files an appeal, he's got to either go out and

18

hire or a lawyer, or you, for that matter, or he can do

19

whatever he wants to do, but I'm not -- I'm not saying you

20

have to -- you have to do it.

21

decide on himself.

That's something he'll have to

22

MR. BURCK:

Yes, Your Honor.

23

THE COURT:

So with that, if there's nothing further.

24

MR. STOKES:

25

Your Honor, just, we -- under the plea

agreement, have agreed to dismiss the remaining counts.

United States District Court
Camden, New Jersey

38

1

THE COURT:

2

MR. STOKES:

3
4
5
6
7

Oh, strike 2 through 7.
And as well as the first object of Count

1, the wire fraud object, so -THE COURT:

Do you understand that, Larry?

had two objects in the conspiracy.
MR. STOKES:

It's counts 2 through 6.

THE COURT:

9

MR. STOKES:

I thought there were seven.
No, there's six, but there are two

10

forfeiture allegations that are related.

11

-- we would dismiss those, as well.

13

THE COURT:

MR. STOKES:

15

THE COURT:

17

Yeah.

So those would also

Subject, of course, to the, you

know, the restitution.

14

16

There are two

separate --

8

12

Count 1

Absolutely, subject to.
Okay.

Remember, on the first count,

we're dismissing the object of the kickback scheme and -MR. STOKES:

And then Counts 2 through 4 are

18

substantive FCPA violations, Count 5 is the money laundering

19

conspiracy.

20

THE COURT:

21

MR. STOKES:

22

Count 6 is the substantive money

laundering charge.

23

THE COURT:

24

MR. STOKES:

25

Money laundering count.

Right.
And then there's the first forfeiture

allegation, the second one, which are actually, Judge, just

United States District Court
Camden, New Jersey

39

1

for the record, are separate and apart from the restitution,

2

but we obviously are dismissing the forfeiture allegations, as

3

well.

4

THE COURT:

Yeah.

Okay.

We'll -- we'll do that and

5

if I have any questions as to the form, I'll contact the two

6

of you.

7

anything else?

But I think it's pretty straightforward and --

8
9
10

MR. ANTONISON:
probation.

Judge, I have one thing for

Can you waive the mandatory drug testing

conditions?

11

THE COURT:

Yeah.

We do -- I wouldn't say all the

12

time, but -- in white-collar cases where there are no drugs

13

involved, we waive it routinely.

14

MR. ANTONISON:

15

I just need you to say it on the

record.

16

THE COURT:

What?

All right.

Normally, within 15

17

days of the start -- I think it's 15 -- normally, within 15

18

days of the start of probation, there's a mandatory drug test.

19

It's right in the -- it's right in the standard terms and

20

conditions.

21

supervised release, mandatory drug test.

22
23

It's also true for the first 15 days of

I see nothing in this case that has suggested the need
for that.

24

MR. STOKES:

25

THE COURT:

The government doesn't object.
Probation always, at any time, I think,

United States District Court
Camden, New Jersey

40

1

has the power to order a drug test, if they want.

2

MR. ANTONISON:

3

THE COURT:

Correct.

For whatever the reason, they suspect

4

something, they can do it.

5

mandatory on them, 15 days, unless the government has any

6

objection to that?

7

MR. STOKES:

8

THE COURT:

9

MR. ANTONISON:

10

But I don't see any -- to make it

We don't have any objection.
Okay.

I'll waive that.

Okay.

One more thing.

Due to the

nature of his business --

11

THE COURT:

12

MR. ANTONISON:

Say again, due to the nature of?
His business, will you add the

13

self-employment business disclosure special condition as a

14

condition of probation with the parties' input?

15

THE COURT:

16

MR. ANTONISON:

17
18
19

You -- oh, you didn't get a -I can show him, Your Honor.

The

government has already seen it.
THE COURT:

I know what it is.

copy of it right here.

I have -- I have a

Show it to -- show it to Mr. Burck.

20

You know the -- Mr. Stokes, there is a standard

21

condition of either probation or supervised release, that when

22

somebody goes into business themselves, when they're --

23

they're, in a sense, self-employed, that they -- there are

24

certain forms they have to fill out, certain information they

25

have to give.

And I actually have the language because it's

United States District Court
Camden, New Jersey

41

1

in the Weisman draft presentence report.

2

that's what he's raising now, right now.

3

That's what he's --

I guess the reason I hesitated a little bit was that

4

when you're forming a corporation and there's -- there may be

5

other shareholders, it's not quite self -- it's kind of --

6

it's a form of self-employment.

7

entrepreneur, but it's not like somebody, you know, who just,

8

you know, repairs computers, he goes from house to house

9

repairing, you know -- you know, true self-employment.

10

I mean, you're an

What's your feeling, Mr. Burck?

11

MR. BURCK:

We have no objection, Your Honor.

12

THE COURT:

Okay.

13

that's actually very standard.

14

MR. STOKES:

We do that all the time.

No, Your Honor, we think that's

appropriate.

17
18

That's --

You certainly have no objection to that.

15
16

We will put that in.

THE COURT:

So I'll put that in, as well.

But -- all

right, anything else?

19

MR. BURCK:

Not for Mr. Sigelman, Your Honor.

21

THE COURT:

Okay.

22

MR. STOKES:

23

THE COURT:

24

interesting year and-a-half.

25

RESPONSE:

20

Thank

you.
Anything from the government?

Not from the government.
Okay.

Well, thank you all for a most

Thank you, Your Honor.

United States District Court
Camden, New Jersey

42

1
2
3
4

THE COURT:

year and-a-half, but some day -MR. STOKES:

THE COURT:

6

MR. STOKES:

8
9

You may have learned a little bit about

Ecopetrol.

5

7

You don't know what I learned in that

What?
You may have learned a little bit about

Ecopetrol, which we've all learned more about than anything.
THE COURT:

Yeah, I don't know.

Ecopetrol, when they

went public, filed a 300-and-some-odd page -- and it was not

10

an S-1, but it was kind of the equivalent of an S-1, with the

11

Securities and Exchange Commission.

12

room, I was the first one who actually read it.

13

day I was assigned the case, I went on the computer and got it

14

and read it.

Of everybody in this
Because the

So, I did learn -- I did learn that.

15

MR. STOKES:

16

THE COURT:

17

MR. STOKES:

18

MR. BURCK:

Thank you, Your Honor.

19

THE COURT:

So long.

20

(11:01 a.m.)

Right.
And so -- okay.
Thank you, Your Honor, we appreciate it.

21
22
23
24
25

United States District Court
Camden, New Jersey

43
$
$100 [2] - 34:10, 34:11
$100,000 [1] - 33:12
$239,015 [1] - 33:2
$239,015.54 [1] 32:20
$300,000 [1] - 17:14
$45,000,000 [1] 17:19

/
/S [1] - 1:24

0
0015 [1] - 33:3
08101 [1] - 1:10

1
1 [4] - 3:22, 3:23, 38:3,
38:4
10:05 [1] - 2:2
11(c) [1] - 25:6
11(c)(1)(C [7] - 2:11,
3:11, 6:24, 9:22,
15:4, 15:12, 25:4
11(c)(1)(C) [1] - 26:22
11(c)(1)(C)'s [1] - 7:5
11:01 [1] - 42:20
132 [1] - 7:1
14 [1] - 36:1
14-263 [1] - 1:5
15 [5] - 39:16, 39:17,
39:20, 40:5
156 [1] - 7:1
16 [2] - 1:10, 2:2
18 [1] - 34:10

2

3
30 [4] - 32:23, 33:5,
33:12, 34:11
30-page [1] - 12:7
300-and-some-odd
[1] - 42:9
3013 [2] - 34:10, 34:11
32 [1] - 2:20
33 [2] - 4:14, 7:2
3553(a [7] - 8:12, 12:1,
21:24, 28:2, 28:6,
28:10, 29:6
3553(a) [2] - 2:17, 6:5
371 [1] - 5:20

4
4 [1] - 38:17
4,000 [1] - 23:6
45 [3] - 17:18, 33:4,
33:5
4TH [1] - 1:9

5
5 [1] - 38:18
500,000-dollar [1] 33:19
51 [1] - 4:21
54 [1] - 33:4

6
6 [2] - 38:6, 38:21
63 [1] - 4:21

7
7 [1] - 38:1
753 [1] - 1:23

8
2 [3] - 38:1, 38:6,
38:17
2,000 [1] - 29:17
20-year [1] - 21:11
200 [1] - 27:7
2015 [2] - 1:10, 2:2
239,000 [1] - 32:16
239,015 [1] - 33:4
24 [2] - 2:20, 4:20
25-page [2] - 6:20,
12:11
250 [1] - 34:6
28 [1] - 1:23

84 [1] - 7:1
8:30 [1] - 13:17

A
a.m [2] - 2:2, 42:20
aberration [1] - 19:23
aberrational [1] 17:20
ability [1] - 30:3
able [1] - 35:22

absolutely [6] - 11:7,
14:21, 18:9, 23:14,
24:10, 38:14
accept [1] - 16:4
access [2] - 35:19
account [1] - 25:24
acknowledged [6] 17:25, 20:2, 20:3,
20:4, 21:9
acknowledges [2] 17:8, 18:16
acknowledging [1] 18:16
Act [3] - 4:2, 4:10,
23:12
actions [1] - 16:4
actual [1] - 12:25
add [2] - 26:9, 40:12
addition [1] - 11:2
additional [1] - 20:22
address [2] - 15:2,
15:24
admissions [2] 20:24, 21:20
admit [1] - 27:18
admitted [6] - 13:11,
17:12, 20:12, 20:17,
21:4, 24:17
admitting [1] - 14:7
advance [3] - 7:19,
9:25, 35:6
adversarial [2] - 2:24,
14:23
adversary [4] - 2:14,
5:5, 5:6, 5:9
advice [1] - 36:15
advise [1] - 35:25
advocates [1] - 9:5
AG&P [2] - 11:13,
29:22
agree [6] - 3:10, 5:11,
9:25, 25:4, 25:9
agreed [9] - 7:12,
15:5, 15:21, 25:10,
26:24, 27:25, 32:21,
33:9, 37:25
agreeing [2] - 15:7,
26:23
agreement [9] - 4:12,
7:9, 7:19, 25:14,
26:6, 26:7, 32:6,
33:10, 37:25
ahead [2] - 21:12,
24:21
Al [1] - 24:3
alert [2] - 6:18, 9:2
allegation [1] - 38:25
allegations [4] - 13:9,
38:10, 39:2
alleged [1] - 23:1

allocuted [4] - 4:8,
4:9, 18:2, 18:4
allocution [2] - 12:17,
13:5
allowed [1] - 28:13
almost [2] - 9:23,
28:23
AMERICA [1] - 1:2
amount [1] - 14:11
ample [1] - 23:17
analyze [1] - 35:13
AND [1] - 1:9
and-a-half [4] - 11:4,
12:15, 41:24, 42:2
and-a-half-month [1] 24:2
ANTONISON [6] 39:8, 39:14, 40:2,
40:9, 40:12, 40:16
apart [1] - 39:1
apologize [1] - 16:8
appeal [14] - 35:25,
36:1, 36:2, 36:3,
36:8, 36:9, 36:14,
36:23, 36:25, 37:4,
37:9, 37:17
applies [1] - 13:8
appreciate [2] - 10:19,
42:17
appreciation [2] 12:5, 16:15
appropriate [21] - 8:3,
8:13, 8:18, 9:20,
15:6, 15:17, 15:22,
17:5, 21:22, 24:25,
25:1, 25:3, 25:5,
25:9, 25:10, 26:15,
27:1, 28:1, 28:2,
31:10, 41:16
appropriately [1] 19:24
approved [1] - 17:14
argue [4] - 25:15,
26:7, 26:13, 26:15
argued [1] - 18:18
arguing [3] - 6:21,
21:15, 26:6
argument [5] - 6:6,
8:20, 16:22, 24:25,
25:17
arguments [1] - 9:10
arranged [1] - 22:11
aside [2] - 14:9, 19:7
aspect [1] - 11:10
aspects [2] - 15:20,
34:4
assessment [1] - 34:9
assets [1] - 33:24
assigned [1] - 42:13
assume [1] - 34:25

United States District Court
Camden, New Jersey

assumptions [2] 2:21, 2:23
attacked [1] - 19:25
attempting [1] - 26:5
attention [5] - 5:10,
6:20, 11:8, 21:7
Attorney [1] - 36:7
attorney [1] - 36:19
Attorney's [2] - 32:8,
37:9
ATTORNEY'S [1] 1:14
attorneys [2] - 7:6,
32:2
Austin [2] - 22:17,
23:5
available [1] - 3:15
aversion [1] - 35:2
avoid [1] - 23:4
aware [7] - 4:18, 9:11,
12:14, 18:16, 18:23,
19:19, 19:21

B
background [2] 11:9, 27:19
badly [1] - 11:15
bail [1] - 33:19
based [3] - 2:6, 2:21,
31:19
basic [1] - 26:12
beauty [1] - 27:13
becomes [1] - 2:16
beholder [1] - 27:14
belabor [1] - 17:1
Bergen [1] - 10:10
best [2] - 14:5, 34:23
better [3] - 10:6, 10:9,
12:4
between [1] - 26:20
big [1] - 24:7
bit [4] - 17:2, 41:3,
42:3, 42:6
blame [1] - 8:25
blanket [1] - 31:17
blind [1] - 19:1
blindness [3] - 12:23,
18:3, 18:4
blocked [1] - 21:13
Bloomberg [1] - 14:4
board [1] - 37:12
branded [1] - 29:3
bribe [1] - 19:13
bribery [3] - 17:13,
19:19, 20:11
bribes [2] - 18:11,
19:12
brief [16] - 2:19, 4:20,

44
6:20, 7:21, 8:2, 12:2,
12:7, 12:11, 12:21,
13:7, 19:10, 25:11,
26:1, 26:13, 26:17
briefly [1] - 15:1
bring [1] - 37:6
broad [2] - 21:19, 37:4
brought [2] - 16:13,
21:7
building [1] - 22:7
built [1] - 27:6
Burck [5] - 10:2,
16:25, 36:22, 40:19,
41:10
BURCK [39] - 1:17,
10:3, 10:6, 10:9,
10:13, 10:15, 10:19,
10:25, 11:4, 11:7,
11:22, 12:1, 12:11,
12:19, 12:24, 13:1,
13:4, 13:6, 13:15,
13:18, 13:20, 13:25,
14:5, 14:18, 14:21,
15:10, 15:15, 16:20,
26:10, 29:16, 29:19,
29:21, 34:16, 34:19,
37:2, 37:22, 41:11,
41:19, 42:18
business [6] - 31:13,
35:3, 40:10, 40:12,
40:13, 40:22
businesses [2] 11:16, 27:20
BY [2] - 1:14, 1:17

C
c)(1)(C [1] - 33:10
c)(1)(C) [1] - 9:24
calculating [1] - 2:13
calculation [2] - 4:12,
4:19
Calderon [2] - 19:9,
20:23
CAMDEN [1] - 1:10
candidly [1] - 33:21
Capone [1] - 24:4
carefully [1] - 16:11
cares [1] - 2:24
carry [1] - 28:8
case [27] - 9:13,
10:22, 11:8, 14:13,
15:6, 16:12, 17:1,
19:16, 21:13, 22:2,
22:18, 23:15, 23:18,
24:2, 27:15, 27:22,
28:21, 28:23, 34:4,
35:16, 36:6, 36:12,
37:7, 39:22, 42:13

cases [14] - 21:16,
22:8, 23:21, 24:8,
24:24, 25:21, 28:17,
30:10, 30:11, 37:7,
37:10, 37:13, 39:12
category [1] - 27:13
caught [1] - 6:20
cents [1] - 33:5
certain [6] - 19:1,
22:21, 28:17, 31:9,
40:24
certainly [25] - 5:17,
8:14, 8:16, 8:20,
8:25, 9:3, 9:11, 9:15,
9:17, 13:8, 18:2,
18:15, 19:15, 20:20,
20:24, 20:25, 21:1,
21:6, 22:2, 24:6,
25:14, 26:3, 26:5,
29:25, 41:14
Certified [1] - 1:23
challenge [2] - 36:7,
36:8
chance [4] - 6:15,
12:7, 12:12, 28:22
change [3] - 19:2,
26:6, 32:17
character [3] - 28:4,
29:6, 29:7
charge [2] - 5:20,
38:22
Charlie [1] - 10:10
check [1] - 36:11
children [1] - 11:16
choice [1] - 17:10
chose [2] - 21:17,
24:14
Circuit [5] - 3:9, 23:18,
36:6, 37:7, 37:8
circumstances [1] 8:12
clause [2] - 28:10,
36:6
clean [1] - 31:5
clear [5] - 17:11,
18:15, 25:14, 35:4,
35:5
cleared [1] - 31:15
clearly [3] - 16:24,
29:6, 37:5
CLERK [1] - 2:1
clerk [2] - 32:10, 36:24
clerk's [1] - 32:12
client [1] - 36:22
closing [1] - 19:25
Clothes [1] - 27:10
co [2] - 22:25, 23:1
co-conspirators [2] 22:25, 23:1
collar [10] - 22:2,

23:20, 24:2, 24:7,
24:23, 24:24, 28:22,
29:1, 30:11, 39:12
colleagues [1] - 14:15
Colombia [3] - 17:17,
17:18, 23:3
comfortable [1] 30:22
Commission [1] 42:11
commit [1] - 16:16
committing [1] - 36:24
community [1] - 16:9
complete [1] - 24:14
complex [5] - 17:22,
22:2, 22:7, 23:20,
24:23
computer [1] - 42:13
computers [1] - 41:8
concept [5] - 9:24,
12:23, 12:25, 26:18,
27:17
condition [4] - 35:4,
40:13, 40:14, 40:21
conditions [3] - 34:14,
39:10, 39:20
condo [1] - 34:17
confer [1] - 33:8
consequences [1] 27:17
consider [2] - 30:7,
30:8
conspiracy [5] - 3:25,
4:6, 5:22, 38:5,
38:19
conspirators [2] 22:25, 23:1
conspiring [1] - 5:23
constitutional [1] 6:15
consult [1] - 36:22
contact [1] - 39:5
contemplated [2] 26:8, 26:21
contemplation [1] 26:22
context [3] - 2:24,
11:11, 23:8
continue [1] - 34:25
continued [1] - 19:5
contract [5] - 17:15,
17:16, 18:1, 29:9
contradiction [1] 9:23
control [1] - 22:12
conversation [1] 19:11
convicted [2] - 27:23,
29:3
conviction [3] - 27:16,

36:9, 37:5
convictions [1] - 24:8
convinced [2] - 28:18,
28:21
COOPER [1] - 1:9
cooperating [3] 22:13, 23:1
copy [1] - 40:19
corporation [1] - 41:4
correct [4] - 1:23,
15:10, 32:25, 40:2
Corrupt [3] - 4:1, 4:10,
23:12
Counsel [1] - 1:19
counsel [6] - 35:14,
35:19, 35:20, 35:21,
36:16, 36:17
count [3] - 12:20,
38:15, 38:20
Count [6] - 3:22, 3:23,
38:2, 38:4, 38:18,
38:21
country [2] - 22:10,
23:2
Counts [1] - 38:17
counts [3] - 12:15,
37:25, 38:6
couple [2] - 15:11,
35:10
course [11] - 2:14,
3:10, 15:21, 18:3,
18:25, 24:16, 25:4,
28:6, 36:18, 38:12
Court [29] - 3:2, 3:13,
3:14, 5:12, 8:5, 8:22,
9:4, 9:16, 9:18,
10:21, 12:13, 13:12,
14:10, 14:24, 15:1,
15:2, 15:21, 15:24,
16:10, 16:24, 18:21,
20:15, 20:20, 23:18,
25:13, 25:23, 26:2,
33:17
court [5] - 17:12, 24:1,
27:18, 32:11, 36:24
COURT [116] - 1:1,
2:2, 2:3, 2:23, 3:8,
3:17, 3:20, 3:25, 4:5,
4:8, 4:13, 4:15, 4:18,
4:23, 5:2, 5:5, 5:8,
5:14, 7:16, 7:24, 8:6,
8:23, 9:2, 9:9, 9:13,
9:22, 10:4, 10:7,
10:10, 10:14, 10:17,
10:23, 11:1, 11:5,
11:20, 11:23, 12:10,
12:16, 12:22, 12:25,
13:2, 13:5, 13:13,
13:16, 13:19, 13:23,
14:1, 14:16, 14:19,

United States District Court
Camden, New Jersey

15:8, 15:11, 15:25,
16:19, 16:21, 17:17,
18:7, 18:10, 20:12,
20:19, 21:10, 21:16,
22:9, 22:15, 22:20,
22:25, 23:15, 23:25,
24:7, 24:11, 24:14,
24:19, 25:3, 25:8,
26:9, 26:11, 29:17,
29:20, 29:23, 32:10,
32:13, 32:16, 32:19,
32:21, 33:3, 33:5,
34:17, 34:20, 35:1,
36:14, 37:3, 37:23,
38:1, 38:4, 38:8,
38:12, 38:15, 38:20,
38:23, 39:4, 39:11,
39:16, 39:25, 40:3,
40:8, 40:11, 40:15,
40:18, 41:12, 41:17,
41:21, 41:23, 42:1,
42:5, 42:8, 42:16,
42:19
Court's [4] - 10:21,
15:3, 15:19, 21:7
COURTHOUSE [1] 1:8
courtroom [5] - 10:18,
12:5, 20:13, 21:5,
29:2
courts [2] - 9:11, 9:14
cover [2] - 19:22,
33:21
cover-up [1] - 19:22
coworker [1] - 6:9
created [1] - 13:19
CRIM [1] - 1:5
crime [3] - 5:23,
24:18, 27:18
crimes [3] - 20:2,
21:9, 23:21
criminal [1] - 24:2
criticism [1] - 7:25
CRR [1] - 1:24
culpable [1] - 19:3
curry [2] - 20:7, 20:9
custodial [1] - 17:3

D
date [2] - 31:22, 35:6
David [1] - 18:5
days [10] - 14:6,
32:23, 33:6, 33:13,
34:11, 36:1, 39:17,
39:18, 39:20, 40:5
deal [4] - 2:10, 14:10,
32:5, 35:9
dealing [1] - 29:1

45
decide [3] - 30:21,
31:9, 37:21
decided [1] - 11:10
decision [7] - 31:24,
36:5, 36:16, 36:17,
36:18, 36:20, 36:21
decisions [1] - 29:8
dedicated [1] - 16:10
deeds [1] - 16:8
deemed [1] - 15:13
deems [1] - 15:22
deep [2] - 16:10, 16:15
def [1] - 25:10
Defendant [2] - 1:7,
1:19
defendant [10] - 2:8,
17:11, 18:23, 19:17,
19:23, 28:4, 29:6,
33:17, 35:25, 36:21
DEFENDANT [1] 16:1
defendant's [3] - 17:7,
19:16, 20:6
defense [3] - 8:19,
8:21, 22:13
definition [4] - 7:10,
15:7, 15:13, 15:16
degree [4] - 5:14,
9:23, 27:9, 27:20
degrees [1] - 27:22
delegated [1] - 36:17
department [1] 34:21
DEPUTY [1] - 2:1
described [2] - 18:21,
19:10
deterrence [16] 21:25, 22:1, 23:19,
25:19, 27:4, 27:5,
27:9, 27:12, 27:17,
28:3, 28:14, 28:25,
29:4, 30:9
deterrent [2] - 24:22,
25:22
devastating [1] 27:16
devoted [1] - 16:11
difference [3] - 12:16,
13:3, 33:2
different [4] - 3:21,
12:18, 27:21, 36:4
difficult [6] - 22:7,
22:21, 22:22, 23:15,
23:21, 23:22
difficulties [1] - 22:3
difficulty [3] - 22:15,
22:23, 23:16
diligence [1] - 11:24
direct [1] - 32:23
directed [2] - 17:13,

19:21
dirty [1] - 33:16
disagree [4] - 9:16,
13:7, 25:12, 26:2
disagreement [1] 20:15
disclosure [1] - 40:13
discretion [2] - 15:19,
33:11
discussions [2] 8:21, 8:22
dismiss [2] - 37:25,
38:11
dismissed [1] - 37:8
dismissing [2] 38:16, 39:2
disposition [5] - 15:6,
15:17, 25:5, 27:2,
28:1
DISTRICT [3] - 1:1,
1:1, 1:12
district [3] - 7:4, 7:5,
36:24
documents [1] - 23:7
dollar [2] - 34:5, 34:7
done [13] - 6:25,
11:11, 12:2, 22:17,
23:7, 24:5, 24:7,
29:11, 30:4, 31:18,
31:23, 35:11
down [5] - 4:21, 26:19,
30:20, 32:2, 33:16
dozen [1] - 11:5
draft [2] - 3:17, 41:1
drag [1] - 26:19
drag-out [1] - 26:19
dropped [1] - 13:9
drug [4] - 39:9, 39:18,
39:21, 40:1
drugs [2] - 30:12,
39:12
due [2] - 40:9, 40:11
dumped [2] - 22:17,
22:18
Duran [4] - 18:5,
19:12, 22:10, 23:1
Duran's [1] - 18:23
during [1] - 30:16

E
e-mails [1] - 19:20
early [1] - 22:25
earn [1] - 16:7
Ecopetrol [5] - 18:5,
19:12, 42:4, 42:7,
42:8
Edgar [1] - 10:10
effect [6] - 3:22, 4:9,

7:19, 20:12, 32:3,
32:7
effectively [1] - 20:1
either [3] - 10:4,
37:17, 40:21
element [2] - 18:8,
18:12
EMANUEL [1] - 1:17
Emperor's [1] - 27:10
emphasized [1] 19:15
employed [2] - 29:13,
40:23
employee [1] - 18:5
employees [6] 17:23, 29:14, 29:18,
29:19, 29:21, 29:24
employment [5] 29:12, 30:2, 40:13,
41:6, 41:9
end [6] - 4:24, 7:13,
8:4, 20:1, 26:2,
32:13
ended [2] - 11:14
enforced [2] - 37:12,
37:14
engaged [1] - 24:4
engendered [1] - 16:7
entitled [3] - 25:16,
25:17, 33:20
entrepreneur [1] 41:7
equally [1] - 25:9
equivalent [2] - 3:23,
42:10
ESQUIRE [7] - 1:14,
1:15, 1:15, 1:17,
1:18, 1:18, 1:19
evidence [9] - 10:21,
18:20, 18:22, 19:18,
20:21, 21:20, 22:3,
22:5
exact [3] - 5:16, 29:25,
32:19
exactly [8] - 11:22,
12:19, 12:24, 13:1,
13:4, 13:6, 22:16,
26:6
example [1] - 5:25
exceed [1] - 5:21
exceeds [1] - 6:1
Exchange [1] - 42:11
excuse [1] - 12:11
exercises [1] - 11:23
expand [1] - 31:14
experience [2] 14:12, 16:6
explain [2] - 14:18,
24:20
explicitly [1] - 15:4

express [1] - 16:14
extensive [1] - 10:23
extent [1] - 2:16
extreme [1] - 10:25
eyes [2] - 27:13, 35:22

F
facets [1] - 19:20
facing [2] - 21:10
fact [16] - 3:4, 3:5,
8:21, 8:22, 9:11,
11:9, 14:9, 15:15,
19:6, 19:7, 19:8,
20:1, 22:10, 22:11,
26:24, 29:11
factor [1] - 2:16
factors [6] - 8:12,
12:1, 21:24, 28:2,
28:5, 28:11
facts [9] - 8:11, 14:12,
17:1, 17:2, 19:1,
19:4, 21:15, 31:19,
35:6
fair [4] - 3:19, 8:1,
29:24
false [4] - 13:11, 14:7,
19:22, 21:4
falsely [1] - 20:8
familiar [1] - 16:24
family [4] - 6:8, 11:16,
14:14, 16:8
fare [1] - 30:11
favor [3] - 20:7, 20:9,
37:16
favorable [1] - 4:19
FBI [2] - 20:6, 20:9
FCPA [8] - 12:20,
13:10, 20:7, 20:9,
20:25, 22:2, 23:21,
38:18
felon [2] - 27:23, 29:3
felt [1] - 14:20
few [3] - 37:7, 37:10,
37:13
field [2] - 28:22, 33:11
fight [1] - 26:20
file [3] - 36:23, 37:1,
37:8
filed [4] - 6:20, 37:1,
37:9, 42:9
files [2] - 36:8, 37:17
filing [1] - 8:16
filings [1] - 18:19
fill [2] - 33:15, 40:24
filled [2] - 34:2
finance [1] - 19:9
financial [3] - 23:21,
33:15, 33:16

United States District Court
Camden, New Jersey

fine [10] - 15:21,
16:12, 33:7, 33:8,
33:9, 33:11, 33:22,
34:5, 34:6, 34:7
finish [1] - 6:14
first [19] - 2:10, 2:13,
2:16, 7:3, 8:1, 12:20,
13:13, 13:16, 17:6,
22:1, 28:6, 28:9,
29:5, 38:2, 38:15,
38:24, 39:20, 42:12
fit [1] - 10:17
five [6] - 3:25, 6:2,
12:9, 12:10, 12:15
five-year [2] - 3:25,
6:2
flaw [1] - 29:7
focus [1] - 11:10
focused [1] - 4:1
follow [4] - 3:10, 5:25,
7:14, 31:11
FOR [1] - 1:1
Foreign [3] - 4:1, 4:9,
23:12
forfeiture [3] - 38:10,
38:24, 39:2
form [8] - 23:13,
24:19, 26:5, 33:15,
34:1, 39:5, 41:6
forming [1] - 41:4
forms [1] - 40:24
forth [2] - 8:19, 26:1
forward [1] - 25:13
four [4] - 17:14, 21:12,
24:5, 24:7
fraud [3] - 24:3, 24:4,
38:3
frauds [1] - 4:3
frequency [1] - 11:24
frequent [1] - 5:21
frequently [1] - 5:23
Friedlander [1] - 1:24
friends [2] - 14:14,
16:9
full [1] - 30:10
fully [1] - 31:22
future [1] - 16:8

G
gain [1] - 34:6
general [18] - 9:15,
21:25, 22:1, 22:9,
23:11, 23:19, 23:20,
24:22, 25:19, 27:4,
27:5, 27:9, 27:11,
27:17, 28:3, 28:14,
28:25, 29:4
generally [2] - 9:14,

46
22:21
generic [2] - 23:12,
31:12
GERRY [1] - 1:9
gist [1] - 26:17
given [1] - 24:3
goals [2] - 28:8, 28:14
government [27] - 2:8,
2:18, 2:19, 6:17,
6:18, 6:20, 7:8, 7:11,
13:7, 13:9, 15:4,
15:7, 16:23, 17:15,
18:11, 22:5, 25:1,
26:3, 26:24, 27:25,
34:8, 37:5, 39:24,
40:5, 40:17, 41:21,
41:22
Government [1] - 1:16
government's [4] 2:9, 9:7, 12:7, 17:5
granted [1] - 33:14
gratitude [1] - 16:14
great [3] - 11:23,
14:10, 30:3
greater [1] - 19:6
Greg [1] - 17:23
ground [1] - 31:20
grow [1] - 31:14
guess [6] - 13:13,
23:12, 23:25, 27:1,
34:23, 41:3
guideline [1] - 5:24
guidelines [6] - 2:13,
3:6, 4:12, 5:21, 5:22,
5:25
guilty [4] - 2:12, 22:25,
29:3, 36:1

H
half [6] - 11:4, 11:5,
12:15, 24:2, 41:24,
42:2
hallucinated [1] 13:22
hallucination [3] 14:3, 20:19, 21:2
Hammarskjold [7] 3:18, 4:2, 5:16,
17:23, 19:8, 20:3,
20:22
handle [1] - 32:1
hard [2] - 16:13, 23:11
hard-working [1] 16:13
hear [4] - 6:5, 6:7,
6:11, 6:16
heard [1] - 14:1
HELOU [1] - 1:15

help [1] - 14:5
helped [1] - 13:21
hesitate [1] - 4:15
hesitated [1] - 41:3
hiding [1] - 23:3
high [3] - 2:15, 4:23
higher [1] - 5:24
highest [2] - 16:3,
34:6
himself [7] - 20:2,
20:8, 20:10, 21:8,
21:21, 28:15, 37:21
hire [1] - 37:18
history [5] - 7:4,
11:12, 14:13, 14:25,
33:24
hit [1] - 9:2
hmm [1] - 9:3
hold [1] - 16:3
holding [1] - 3:9
holds [1] - 30:2
Honor [51] - 3:1, 3:19,
4:17, 5:1, 5:11, 7:15,
7:23, 8:1, 8:10, 8:17,
9:3, 16:1, 16:20,
16:23, 16:24, 18:14,
19:14, 19:23, 20:14,
20:18, 20:21, 21:6,
21:14, 21:18, 21:23,
22:14, 23:14, 23:17,
24:12, 24:16, 24:22,
25:12, 25:14, 25:19,
26:10, 29:19, 32:9,
32:18, 34:16, 34:19,
34:23, 37:2, 37:22,
37:24, 40:16, 41:11,
41:15, 41:19, 41:25,
42:17, 42:18
HONORABLE [1] 1:11
hostile [1] - 7:5
hotel [1] - 30:25
hound's [1] - 31:5
house [3] - 31:1, 41:8
humility [1] - 16:2
hundred [4] - 4:24,
30:5, 34:5, 34:7
hundred-thousanddollar [2] - 34:5, 34:7
hundreds [3] - 3:10,
12:2, 29:25

I
idea [1] - 14:24
identical [1] - 3:20
identified [1] - 21:23
illegal [1] - 17:24
impact [1] - 27:23

impaired [1] - 35:22
implicate [1] - 20:8
implying [1] - 6:22
important [5] - 17:6,
19:14, 20:4, 21:24,
23:23
importantly [1] - 20:18
impose [2] - 33:9,
33:11
imposing [1] - 34:9
inappropriate [2] 26:13, 35:15
incarceration [5] 23:23, 24:24, 25:18,
25:22, 25:25
included [1] - 30:11
including [1] - 27:21
indeed [1] - 36:6
indicates [1] - 19:18
indicia [1] - 33:18
information [5] - 3:3,
3:14, 5:13, 34:3,
40:24
input [1] - 40:14
instance [2] - 31:8,
33:19
instrument [1] - 16:16
intend [2] - 14:14,
34:15
intending [1] - 8:25
intention [1] - 5:2
intentionally [2] 17:25, 19:1
interactions [1] - 11:5
interesting [1] - 41:24
Intrater [2] - 16:21,
36:11
INTRATER [2] - 1:15,
36:13
investigation [2] 22:17, 23:10
invoices [2] - 19:20,
19:22
involved [4] - 17:24,
20:10, 21:1, 39:13
involvement [1] - 20:6
IRENAS [1] - 1:11
issue [6] - 2:10, 6:23,
28:15, 30:15, 32:5,
33:7
issues [2] - 22:22,
30:15
itself [2] - 15:12, 16:16

J
JERSEY [2] - 1:1, 1:10
job [1] - 31:4
jobs [1] - 29:13

Johanna [1] - 19:20
JOHN [1] - 1:9
JOSEPH [2] - 1:6,
1:11
JUAN [1] - 1:18
Judge [24] - 10:3,
10:13, 10:19, 10:20,
11:7, 11:17, 11:18,
11:22, 12:1, 12:6,
12:19, 13:4, 13:21,
14:9, 14:18, 14:21,
15:15, 15:18, 15:23,
17:6, 18:18, 36:13,
38:25, 39:8
JUDGE [1] - 1:12
judgement [1] - 14:11
judgment [1] - 31:7
JUNE [1] - 1:10
June [1] - 2:2
jungle [1] - 23:3
jurors [1] - 16:11
jury [3] - 13:12, 14:8,
21:11

K
Karen [1] - 1:24
keeping [1] - 31:13
kickback [2] - 20:10,
38:16
kickbacks [1] - 13:8
kind [8] - 12:22, 14:3,
23:8, 33:16, 36:17,
41:5, 42:10
kinds [1] - 28:17
knock [1] - 26:19
knock-down [1] 26:19
knowledge [3] 12:25, 19:6, 37:14
known [1] - 11:9
Knut [1] - 17:22

L
language [1] - 40:25
lap [1] - 22:18
large [1] - 23:7
largely [1] - 13:10
Larry [1] - 38:4
last [1] - 15:3
Laughter [1] - 11:25
laundering [3] - 38:18,
38:20, 38:22
law [2] - 23:18
lawyer [2] - 6:7, 37:18
leader [2] - 19:17,
19:19

United States District Court
Camden, New Jersey

leading [1] - 16:17
learn [2] - 42:14
learned [4] - 42:1,
42:3, 42:6, 42:7
least [5] - 27:16, 29:1,
35:16, 37:7, 37:10
leave [2] - 30:19,
30:24
lecture [5] - 2:19,
11:18, 11:21, 12:4
led [1] - 16:4
legal [3] - 13:2, 18:25,
22:22
lenity [1] - 28:5
less [1] - 19:3
level [1] - 17:23
license [2] - 11:20,
11:23
lie [1] - 20:6
life [6] - 11:11, 11:12,
11:16, 16:2, 16:17
light [1] - 8:11
limit [2] - 33:10, 34:6
lips [1] - 10:7
listened [1] - 16:11
live [3] - 9:19, 16:3,
34:15
LLP [1] - 1:17
long-running [1] 17:22
longest [1] - 24:3
look [6] - 10:5, 20:14,
30:23, 31:2, 31:3,
31:20
looking [1] - 30:9
loosey [1] - 10:17
loss [1] - 34:7
lost [2] - 9:8, 9:10
low [4] - 2:15, 7:13,
28:23, 30:9
lower [1] - 17:23
lower-level [1] - 17:23

M
magnitude [1] - 5:17
mails [1] - 19:20
mandatory [5] - 34:10,
39:9, 39:18, 39:21,
40:5
Mansarovar [1] 17:16
matter [4] - 13:2,
22:10, 23:11, 37:18
matters [1] - 21:8
max [2] - 3:25, 5:22
maximum [2] - 6:2,
26:16
McCarthy [1] - 10:10

47
mean [27] - 3:8, 3:9,
3:11, 4:19, 5:17,
8:16, 11:1, 14:16,
18:12, 22:9, 22:12,
22:20, 23:9, 26:14,
27:10, 27:18, 28:14,
29:12, 30:18, 30:20,
31:5, 31:6, 31:12,
32:7, 32:10, 36:3,
41:6
meaning [1] - 26:25
meaningful [1] - 35:19
meant [2] - 9:6, 14:2
member [1] - 6:8
memo [1] - 21:23
memorandum [3] 2:7, 3:4, 17:7
message [2] - 23:23,
25:23
Miami [4] - 34:16,
34:18, 34:21, 35:5
might [2] - 4:20, 31:9
minimal [1] - 19:16
minimize [1] - 27:23
minute [1] - 2:9
mis [2] - 13:24, 13:25
mis-remembered [2] 13:24, 13:25
mistake [4] - 17:8,
17:21, 28:10, 35:15
mistaken [1] - 4:14
moment [4] - 15:2,
17:20, 18:24, 31:20
moments [1] - 17:9
money [3] - 38:18,
38:20, 38:21
month [2] - 17:13,
24:2
months [4] - 7:1, 7:2
MORILLO [1] - 1:18
morning [2] - 2:3, 2:7
most [6] - 4:19, 13:6,
20:25, 21:1, 21:23,
41:23
motion [4] - 37:8,
37:9, 37:14
motions [2] - 11:1,
11:6
motive [1] - 2:15
move [2] - 10:7, 37:6
MR [113] - 2:22, 3:1,
3:13, 3:19, 3:24, 4:4,
4:7, 4:11, 4:14, 4:17,
4:22, 5:1, 5:4, 5:7,
5:11, 7:15, 7:23, 8:1,
8:10, 8:24, 9:3, 9:10,
9:15, 10:3, 10:6,
10:9, 10:13, 10:15,
10:19, 10:25, 11:4,
11:7, 11:22, 12:1,

12:9, 12:11, 12:19,
12:24, 13:1, 13:4,
13:6, 13:15, 13:18,
13:20, 13:25, 14:5,
14:18, 14:21, 15:10,
15:15, 16:20, 16:23,
17:18, 18:9, 18:14,
20:14, 20:20, 21:14,
21:18, 22:14, 22:19,
22:24, 23:14, 23:17,
24:6, 24:10, 24:12,
24:16, 24:22, 25:7,
25:12, 26:10, 29:16,
29:19, 29:21, 32:9,
32:12, 32:15, 32:18,
32:20, 32:25, 33:4,
34:16, 34:19, 34:23,
36:13, 37:2, 37:22,
37:24, 38:2, 38:6,
38:9, 38:14, 38:17,
38:21, 38:24, 39:8,
39:14, 39:24, 40:2,
40:7, 40:9, 40:12,
40:16, 41:11, 41:15,
41:19, 41:22, 42:3,
42:6, 42:15, 42:17,
42:18

N
name [1] - 6:12
narrow [1] - 7:20
nature [5] - 7:16,
17:21, 22:7, 40:10,
40:11
Navarro [1] - 19:20
necessary [4] - 3:5,
5:12, 28:7, 28:8
need [2] - 39:14, 39:22
needed [1] - 5:13
needs [1] - 35:20
negotiating [1] - 35:9
never [5] - 6:24, 7:7,
14:1, 34:2
nevertheless [1] 13:3
NEW [2] - 1:1, 1:10
new [2] - 16:15, 30:1
New [3] - 27:10, 35:9,
35:10
next [3] - 21:12, 32:5,
33:7
nine [1] - 24:1
nineties [1] - 4:24
NO [1] - 1:5
non [2] - 2:24, 14:23
non-adversarial [2] 2:24, 14:23
noncompliant [1] -

31:9
noncustodial [1] 15:19
normal [1] - 2:10
normally [4] - 33:14,
34:2, 39:16, 39:17
note [1] - 5:19
noted [1] - 11:8
nothing [2] - 37:23,
39:22
notice [1] - 36:23
notion [1] - 26:18
nowhere [1] - 8:16
number [13] - 6:1, 7:1,
7:2, 23:6, 23:7,
29:24, 29:25, 32:16,
32:19, 32:21, 33:1,
33:21
numerous [1] - 22:3
Nunez [1] - 20:23

O
object [8] - 12:20,
36:19, 38:2, 38:3,
38:16, 39:24
objection [4] - 40:6,
40:7, 41:11, 41:14
objects [1] - 38:5
obtain [2] - 17:15,
18:1
obtaining [3] - 22:3,
22:5, 22:6
obviously [3] - 11:14,
12:13, 39:2
occasion [1] - 31:15
OF [2] - 1:1, 1:2
offense [4] - 18:10,
18:13, 21:24, 28:4
offer [1] - 6:15
OFFICE [1] - 1:14
Office [6] - 11:13,
29:13, 29:18, 29:21,
32:8, 37:9
office [2] - 32:12,
36:11
official [2] - 17:15,
18:12
often [2] - 22:4
oil [1] - 17:15
once [4] - 27:25,
33:12, 35:1, 35:14
one [22] - 4:5, 4:6,
6:18, 6:24, 6:25, 7:3,
10:8, 15:3, 17:9,
17:21, 19:16, 26:25,
27:12, 29:5, 30:4,
30:5, 30:15, 36:20,
38:25, 39:8, 40:9,

42:12
ONE [1] - 1:9
one-time [1] - 17:21
one-year [1] - 26:25
OPEN [1] - 2:2
opening [1] - 19:25
opinions [1] - 22:4
opportunity [1] 14:19
oppose [1] - 30:18
opposed [2] - 12:25,
31:13
opposition [1] - 30:17
orchestrate [1] - 6:9
orchestrating [1] 17:24
order [6] - 5:17, 17:15,
18:1, 20:7, 20:9,
40:1
otherwise [6] - 7:11,
8:7, 14:7, 19:25,
23:18, 34:13
outcome [2] - 8:18,
9:7
overall [1] - 33:24
overblown [1] - 27:9
overheard [2] - 19:10
overrule [1] - 32:3
overseas [6] - 22:4,
22:6, 30:16, 30:23,
31:10
own [1] - 20:24
owns [1] - 34:17

P
package [1] - 33:20
page [2] - 12:10, 42:9
pages [1] - 23:6
paid [8] - 5:9, 5:10,
32:23, 33:5, 33:8,
33:12, 34:7, 34:12
paper [1] - 11:19
part [1] - 9:17
participation [1] 17:12
particular [5] - 18:24,
22:23, 29:9, 30:17,
35:1
particularly [1] - 3:7
parties [3] - 26:7,
26:20, 33:9
parties' [1] - 40:14
past [3] - 18:21, 22:6,
34:25
PATRICK [1] - 1:14
pay [2] - 32:6, 34:11
paying [2] - 18:11,
19:12

United States District Court
Camden, New Jersey

payments [8] - 17:14,
17:24, 17:25, 18:1,
18:17, 19:13, 19:21
people [6] - 16:13,
27:8, 28:16, 29:13,
34:21, 35:18
perjury [2] - 20:12,
20:17
permits [1] - 26:7
permitted [1] - 25:15
person [2] - 11:20,
18:11
personal [2] - 11:12,
14:13
perspective [3] - 9:7,
9:21, 17:5
petition [1] - 32:2
Petro [1] - 29:23
PetroTiger [9] - 11:14,
19:17, 20:24, 22:16,
27:21, 29:23, 32:7,
32:14, 33:22
picked [3] - 13:23,
14:3, 14:4
place [1] - 34:17
Plaintiffs [1] - 1:3
played [1] - 7:24
PLAZA [1] - 1:9
plea [15] - 2:6, 2:12,
3:21, 4:1, 4:12, 5:19,
5:20, 11:15, 15:20,
16:5, 17:9, 17:12,
26:7, 27:16, 37:24
plead [2] - 12:14, 36:1
pleading [1] - 29:2
pleas [1] - 15:4
pled [3] - 12:19, 12:22,
22:25
podium [2] - 6:12,
10:16
point [18] - 3:1, 3:2,
8:18, 9:4, 15:3, 15:8,
17:6, 18:3, 19:3,
20:16, 21:5, 21:19,
23:19, 23:20, 24:12,
24:17
poorly [1] - 11:14
position [9] - 7:11,
7:17, 7:18, 8:8, 8:24,
9:6, 22:5, 26:4,
35:13
possibility [2] - 28:23,
30:2
post [2] - 36:9, 37:5
post-conviction [2] 36:9, 37:5
potential [2] - 29:11,
30:3
potentially [1] - 12:3
power [1] - 40:1

48
powerful [1] - 25:23
practice [2] - 10:24,
37:15
Practices [3] - 4:2,
4:10, 23:12
precedes [1] - 28:10
predict [1] - 31:4
predicting [1] - 35:7
presentation [1] 6:14
presented [2] - 19:4
presentence [2] 34:3, 41:1
president [1] - 19:9
press [1] - 13:23
pretrial [2] - 10:24,
18:19
pretty [4] - 5:18, 6:22,
27:16, 39:6
PRICE [1] - 1:18
price [1] - 10:2
principle [1] - 28:5
prisoners [1] - 35:17
probation [23] - 15:19,
25:9, 26:13, 26:25,
30:13, 30:16, 30:19,
31:2, 31:4, 31:15,
31:21, 32:1, 33:15,
34:2, 34:14, 34:21,
35:5, 35:11, 39:9,
39:18, 39:25, 40:14,
40:21
probationers [1] 35:18
problematic [1] - 21:3
proceed [2] - 6:3, 6:4
proceeding [5] - 2:14,
5:6, 5:9, 14:23
process [2] - 2:11,
2:13
proper [1] - 3:9
proposition [2] 26:12, 26:23
prosecution [1] 16:12
prove [3] - 23:12,
23:21, 23:22
proven [1] - 30:3
PSR [1] - 3:16
PSRs [1] - 3:17
public [1] - 42:9
punishment [1] - 28:3
pursuant [1] - 34:9
put [6] - 2:19, 18:20,
18:22, 25:25, 41:12,
41:17
putting [2] - 19:7,
25:13

Q
questions [3] - 13:14,
13:16, 39:5
QUINN [1] - 1:17
quite [7] - 3:20, 5:15,
5:21, 20:1, 33:21,
41:5
quote [1] - 15:5

R
raising [1] - 41:2
range [29] - 2:20, 3:5,
3:6, 4:18, 4:21, 6:25,
7:4, 7:9, 7:10, 7:12,
7:14, 7:20, 8:4, 8:5,
8:15, 9:18, 9:23,
15:5, 15:12, 15:13,
17:4, 25:5, 25:15,
26:2, 26:19, 26:20,
26:25, 28:13, 30:10
rather [2] - 17:21,
20:10
reaching [2] - 26:3,
26:4
read [2] - 42:12, 42:14
really [22] - 2:24, 4:15,
5:10, 6:3, 6:4, 11:10,
11:17, 12:15, 18:24,
19:2, 25:11, 26:14,
26:15, 26:21, 27:13,
28:1, 31:6, 31:19,
35:17, 35:19
reason [6] - 25:2,
31:8, 33:23, 36:25,
40:3, 41:3
reasonable [6] - 6:23,
7:10, 7:20, 8:7, 10:1,
15:14
receive [2] - 2:7, 7:21
received [1] - 11:8
recidivism [2] - 28:22,
30:7
recognize [3] - 3:3,
19:15, 37:3
recommendation [1] 9:20
recommended [2] 8:14, 17:4
record [3] - 16:25,
39:1, 39:15
reflection [1] - 16:6
regard [1] - 18:6
regardless [1] - 36:15
regime [1] - 27:7
regular [1] - 7:17
related [3] - 12:14,

35:3, 38:10
relates [1] - 18:4
release [4] - 30:14,
35:18, 39:21, 40:21
relevant [1] - 3:7
relief [2] - 36:9, 37:5
reluctant [1] - 21:16
rely [1] - 13:10
remaining [1] - 37:25
remember [4] - 10:23,
23:6, 29:24, 38:15
remembered [2] 13:24, 13:25
remorse [1] - 16:2
repairing [1] - 41:9
repairs [1] - 41:8
report [2] - 34:3, 41:1
reported [2] - 31:22,
35:12
required [1] - 1:23
requires [1] - 15:16
reserved [1] - 37:6
respect [4] - 12:6,
14:10, 16:10, 29:8
respectfully [1] 25:13
respects [1] - 29:10
respond [1] - 12:12
responding [1] 12:13
RESPONSE [1] 41:25
responsibility [1] 16:4
responsible [1] 29:12
restitution [5] - 32:6,
32:22, 33:21, 38:13,
39:1
resulted [2] - 24:8
returned [1] - 33:20
Reuters [1] - 14:4
review [2] - 12:7,
12:12
rise [1] - 2:1
risk [1] - 30:7
RMR [1] - 1:24
role [1] - 19:16
room [1] - 42:12
roughly [1] - 4:14
route [1] - 21:17
routinely [1] - 39:13
rule [3] - 15:4, 15:16,
27:2
running [1] - 17:22

S
S-1 [2] - 42:10

satisfied [3] - 28:12,
31:18, 35:21
satisfy [1] - 28:13
scheme [10] - 17:13,
17:22, 19:19, 19:22,
20:7, 20:9, 20:10,
20:11, 20:25, 38:16
seated [1] - 2:4
second [2] - 22:1,
38:25
Section [1] - 1:23
Securities [1] - 42:11
see [8] - 3:17, 10:17,
11:2, 28:24, 36:12,
39:22, 40:4
self [6] - 16:6, 40:13,
40:23, 41:5, 41:6,
41:9
self-employed [1] 40:23
self-employment [3] 40:13, 41:6, 41:9
self-reflection [1] 16:6
selfless [1] - 16:10
sends [2] - 23:23,
25:22
sense [5] - 5:24,
12:16, 22:12, 31:12,
40:23
SENTENCE [1] - 1:7
sentence [34] - 6:21,
6:22, 6:23, 8:3, 8:13,
8:14, 9:18, 9:21,
17:3, 17:4, 17:5,
21:11, 21:22, 23:23,
24:3, 24:24, 25:4,
25:15, 25:18, 25:22,
25:25, 26:1, 26:14,
26:16, 27:11, 28:6,
28:7, 28:17, 30:8,
30:13, 36:2
sentences [3] - 12:3,
24:9, 30:5
sentencing [14] - 2:5,
2:7, 2:10, 2:12, 3:4,
7:17, 15:5, 17:7,
17:9, 18:24, 25:5,
27:7, 27:8, 28:9
sentencings [1] 14:12
separate [3] - 28:15,
38:7, 39:1
serious [2] - 28:7,
29:4
seriousness [2] 21:24, 28:4
services [1] - 17:16
set [2] - 2:5, 8:19
seven [2] - 28:11, 38:8

United States District Court
Camden, New Jersey

several [2] - 14:6, 24:1
severe [1] - 28:8
shall [1] - 28:7
shape [1] - 26:5
shareholders [1] 41:5
shift [2] - 7:25, 8:25
show [4] - 17:2, 40:16,
40:19
showed [1] - 29:7
shown [2] - 19:5,
20:22
shows [1] - 18:22
side [3] - 2:14, 2:24,
5:9
sides [1] - 10:1
Sidley [3] - 22:17,
23:5, 23:8
Sigelman [20] - 2:6,
4:9, 6:15, 11:7,
12:14, 15:1, 15:23,
16:19, 19:11, 21:1,
21:8, 21:21, 24:17,
27:15, 28:23, 29:11,
30:6, 30:13, 41:19
SIGELMAN [1] - 1:6
Sigelman's [4] - 4:1,
14:13, 14:25, 20:24
signed [1] - 7:19
significant [1] - 25:21
similar [4] - 3:22,
5:15, 5:18
simple [1] - 27:24
simply [7] - 3:14, 9:19,
19:3, 21:14, 21:19,
23:20, 25:23
situation [1] - 3:12
six [2] - 17:13, 38:9
six-month [1] - 17:13
slight [1] - 13:3
so.. [1] - 6:2
society [1] - 30:3
someone [2] - 24:4,
37:8
sometimes [3] - 32:3,
35:17
somewhat [1] - 13:19
somewhere [2] - 8:15,
23:3
soon [1] - 28:18
sorry [1] - 19:12
sort [3] - 6:19, 17:20,
30:12
speaking [1] - 10:5
special [2] - 34:9,
40:13
specific [3] - 25:4,
28:3, 28:14
specifically [1] - 36:7
spend [3] - 11:17,

49
12:13, 30:24
stage [2] - 2:16, 6:4
stand [7] - 10:18,
14:6, 15:23, 16:1,
21:4, 27:18, 36:21
standard [4] - 34:14,
39:19, 40:20, 41:13
standards [1] - 16:3
standing [1] - 29:2
standpoint [3] - 18:25,
24:23, 25:22
start [6] - 22:1, 26:11,
26:23, 27:3, 39:17,
39:18
started [3] - 13:17,
27:19, 31:21
statement [3] - 14:8,
22:9, 33:17
statements [2] 13:11, 21:4
States [3] - 9:5, 25:17,
35:2
STATES [4] - 1:1, 1:2,
1:8, 1:12
status [2] - 18:5,
18:23
statute [1] - 12:17
statutory [3] - 5:22,
6:1, 34:5
stay [2] - 22:11, 30:25
staying [1] - 31:1
step [2] - 2:12, 2:13
still [2] - 5:9, 36:11
stipulate [2] - 8:7,
26:19
stipulated [4] - 3:6,
4:12, 8:4, 8:8
stipulation [2] - 9:17,
26:24
stipulations [1] - 5:8
Stokes [3] - 16:21,
26:12, 40:20
STOKES [69] - 1:14,
2:22, 3:1, 3:13, 3:19,
3:24, 4:4, 4:7, 4:11,
4:14, 4:17, 4:22, 5:1,
5:4, 5:7, 5:11, 7:15,
7:23, 8:1, 8:10, 8:24,
9:3, 9:10, 9:15, 12:9,
16:23, 17:18, 18:9,
18:14, 20:14, 20:20,
21:14, 21:18, 22:14,
22:19, 22:24, 23:14,
23:17, 24:6, 24:10,
24:12, 24:16, 24:22,
25:7, 25:12, 32:9,
32:12, 32:15, 32:18,
32:20, 32:25, 33:4,
34:23, 37:24, 38:2,
38:6, 38:9, 38:14,

38:17, 38:21, 38:24,
39:24, 40:7, 41:15,
41:22, 42:3, 42:6,
42:15, 42:17
story [1] - 36:4
straightforward [1] 39:6
strategic [1] - 36:18
STREETS [1] - 1:9
strike [2] - 37:9, 38:1
string [1] - 7:6
strive [1] - 16:7
stuff [1] - 11:1
subject [2] - 38:12,
38:14
submission [1] - 2:9
substantial [2] - 24:9,
33:24
substantive [4] - 5:20,
38:18, 38:21
successful [2] 27:21, 37:11
suggest [2] - 9:1,
14:16
suggested [2] - 20:20,
39:22
suggesting [1] - 19:25
SULLIVAN [1] - 1:17
supervised [6] 30:14, 34:20, 34:24,
35:18, 39:21, 40:21
support [1] - 24:6
supported [1] - 21:20
supposed [1] - 33:17
Supreme [1] - 23:18
surprise [2] - 13:19,
13:20
surprising [1] - 24:25
surreptitious [1] 17:24
suspect [1] - 40:3
sweep [1] - 21:20

T
tactical [1] - 36:18
TAREK [1] - 1:15
tax [2] - 24:3, 24:4
ten [3] - 27:12, 28:18,
28:20
term [3] - 15:19,
30:14, 31:21
terms [7] - 9:24,
15:20, 21:22, 26:6,
31:2, 31:3, 39:19
test [3] - 39:18, 39:21,
40:1
testified [2] - 19:8,
20:5

testimony [2] - 13:10,
19:7
testing [1] - 39:9
THE [118] - 1:1, 1:11,
2:1, 2:3, 2:23, 3:8,
3:17, 3:20, 3:25, 4:5,
4:8, 4:13, 4:15, 4:18,
4:23, 5:2, 5:5, 5:8,
5:14, 7:16, 7:24, 8:6,
8:23, 9:2, 9:9, 9:13,
9:22, 10:4, 10:7,
10:10, 10:14, 10:17,
10:23, 11:1, 11:5,
11:20, 11:23, 12:10,
12:16, 12:22, 12:25,
13:2, 13:5, 13:13,
13:16, 13:19, 13:23,
14:1, 14:16, 14:19,
15:8, 15:11, 15:25,
16:1, 16:19, 16:21,
17:17, 18:7, 18:10,
20:12, 20:19, 21:10,
21:16, 22:9, 22:15,
22:20, 22:25, 23:15,
23:25, 24:7, 24:11,
24:14, 24:19, 25:3,
25:8, 26:9, 26:11,
29:17, 29:20, 29:23,
32:10, 32:13, 32:16,
32:19, 32:21, 33:3,
33:5, 34:17, 34:20,
35:1, 36:14, 37:3,
37:23, 38:1, 38:4,
38:8, 38:12, 38:15,
38:20, 38:23, 39:4,
39:11, 39:16, 39:25,
40:3, 40:8, 40:11,
40:15, 40:18, 41:12,
41:17, 41:21, 41:23,
42:1, 42:5, 42:8,
42:16, 42:19
themselves [1] 40:22
therefore [2] - 23:22,
25:23
they've [4] - 37:11,
37:13, 37:14
thinks [2] - 30:20,
35:14
Third [2] - 3:9, 23:17
third [2] - 2:16, 6:4
thousand [2] - 34:5,
34:7
thousands [9] - 12:2,
23:5, 29:13, 29:14,
29:19, 29:21, 30:1
three [7] - 2:12, 24:5,
24:7, 27:11, 27:20,
30:14, 31:21
three-step [1] - 2:12

three-year [2] - 30:14,
31:21
throughout [1] - 16:2
Thursday [1] - 13:15
thursday [1] - 13:16
Tiger [4] - 11:13,
29:13, 29:18, 29:22
Title [2] - 1:23, 34:10
to.. [1] - 31:18
today [3] - 12:13,
16:1, 32:24
together [1] - 16:13
tooth [1] - 31:5
top [3] - 8:4, 17:4,
26:1
traditional [1] - 30:11
transcript [1] - 20:15
travel [1] - 31:10
traveling [1] - 35:2
treasurer [1] - 20:23
tremendous [1] 14:11
trial [8] - 11:3, 16:13,
16:16, 18:22, 19:5,
24:4, 24:14, 36:18
tried [3] - 16:2, 24:1
true [3] - 1:23, 39:20,
41:9
trust [1] - 16:7
try [2] - 21:13, 21:16
trying [3] - 11:18,
15:8, 31:13
turn [2] - 6:17, 30:20
turned [2] - 23:5, 32:1
turns [1] - 30:6
twenty [2] - 12:9,
12:10
twenty-five [2] - 12:9,
12:10
twice [1] - 24:3
two [11] - 10:21, 11:3,
13:13, 13:16, 22:25,
26:20, 31:16, 38:5,
38:6, 38:9, 39:5
types [1] - 25:21
typically [2] - 14:21,
14:22

U
U.S [6] - 1:14, 7:6,
32:7, 36:7, 37:9
U.S.C [1] - 1:23
ultimately [1] - 21:7
under [3] - 2:17, 12:4,
37:24
understandably [1] 19:24
understood [1] - 25:7

United States District Court
Camden, New Jersey

undisputed [2] 19:17, 19:18
unique [1] - 36:15
United [3] - 9:5, 25:17,
35:2
UNITED [4] - 1:1, 1:2,
1:8, 1:12
unlawful [2] - 17:25,
18:17
unless [1] - 40:5
unreasonable [5] 7:13, 7:22, 8:9, 8:15
unusual [1] - 15:12
up [14] - 2:20, 4:21,
4:23, 6:1, 6:12,
13:23, 14:3, 14:4,
19:22, 27:18, 29:2,
30:15, 31:13, 35:6
upset [1] - 6:19
URQUHART [1] - 1:17

V
various [1] - 11:6
varying [1] - 2:21
ventriloquist [1] - 10:4
venture [1] - 30:1
ventures [1] - 35:3
VERONICA [1] - 1:19
vice [1] - 19:9
vice-president [1] 19:9
view [1] - 7:8
viewed [1] - 14:22
vigorously [1] - 6:21
violations [3] - 31:22,
35:12, 38:18
virtuously [1] - 16:3
vision [1] - 35:22
vs [1] - 1:5

W
waive [4] - 3:16, 39:9,
39:13, 40:8
waived [3] - 36:4,
36:8, 36:9
waiver [2] - 37:4,
37:12
wants [4] - 36:23,
37:1, 37:17, 37:19
warp [1] - 27:6
ways [2] - 3:21, 31:9
Wednesday [1] 13:14
week [1] - 30:24
weeks [5] - 10:21,
11:3, 21:12, 28:19,

50
35:10
Weisman [13] - 3:18,
5:16, 13:11, 14:6,
17:23, 18:20, 20:1,
20:2, 20:5, 20:8,
21:3, 41:1
Weisman's [2] - 4:2,
19:7
white [11] - 22:2,
23:20, 24:2, 24:7,
24:23, 24:24, 28:22,
29:1, 30:11, 39:12
white-collar [8] - 22:2,
23:20, 24:2, 24:7,
24:24, 28:22, 30:11,
39:12
whole [1] - 9:24
wide [1] - 7:5
wife [1] - 11:21
willful [3] - 12:22,
18:3, 18:4
WILLIAM [2] - 1:17,
1:18
wind [1] - 6:1
wire [1] - 38:3
witness [1] - 21:3
witnesses [3] - 20:22,
21:6, 22:6
won [3] - 9:8, 9:9, 9:10
woof [1] - 27:6
word [5] - 6:19, 14:1,
17:10, 25:3, 27:1
words [3] - 26:16,
27:2, 37:11
works [1] - 16:17
world [1] - 29:1
worth [1] - 17:19
written [1] - 13:7

Y
year [18] - 3:25, 6:2,
6:21, 11:4, 25:8,
26:25, 27:1, 27:12,
30:4, 30:5, 30:14,
31:16, 31:21, 41:24,
42:2
years [6] - 22:6, 27:7,
27:11, 27:12, 28:18,
28:20
YEPEZ [1] - 1:19
yesterday [2] - 2:6,
18:2
York [2] - 35:9, 35:10

Z
ZACH [1] - 1:15

United States District Court
Camden, New Jersey