HOUSE_OVERSIGHT_011406

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transferring assets away from the jurisdiction of the court because --

THE. COURT: She sold the house.

MR. CASSELL: Right. After she wrote an email that

said, hey, I could get --

THI

COURT: You can't argue, I don't think, that

that's an admission.

MR. CASSELL: We believe it goes to consciousness of

guilt, and we've cited a case in our brief to that effect.

But I think if you have a difficulty with that small

piece of our argument, I mean, I think the rest of it is

really, you know, the meat and potatoes here, so

THE COURT: Okay. Yes.

MR. PAGLIUCA: Your Honor, I'm going to not try to

belabor this, but I have to respond to some of the points, just

so that the record is clear. The language that we proposed to the Court about the financial status comes from the very cases that are in the

Second Circuit, and that's the words that the Second Circuit

and district courts in the Southern District use. And I quote

from Tillery: No evidence as to defendant's financial status may be presented to the jury during the first phase of the

trial by either of the parties to this action. And the Second

Circuit says that that's the preferred method. Mr. Cassell, I

think, knowing that he's losing this battle, then tries to

SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

HOUSE_OVERSIGHT_011406