Beruflich Dokumente
Kultur Dokumente
- - - - - - - - - - - - - - - x
:
UNITED STATES OF AMERICA, :
: Case No. 18-0012-TDC
v. :
:
MARK T. LAMBERT, :
:
Defendant. :
:
- - - - - - - - - - - - - - - x September 4, 2018
Greenbelt, Maryland
1 P R O C E E D I N G S
6 record.
9 Good morning.
15 So, we are here for a status conference in this case and then
4 corrupt.
14 were either not text searchable or, in any event, that they
16 government had. And so, what they had was the same thing that
20 11th. That is the date that they chose. And I think we are
5 page.
8 suggested to him that once he knows that the firm has a mirror
10 that we wait a few weeks for him to look at those things and
11 talk to his client and then we would make a written plea offer
2 filter team to make sure that the trial team is not aware of
11 11th.
15 think there would be more than enough time for the motions to
19 that direction.
22 to the extent that there is one --- as well on the 11th, are a
23 few hundred thousand files that are more system files, not
24 really text files, and that is one of the things that we are
2 and mostly data that was produced. We are not tech experts,
9 are talking about here then --- review things because those
11 necessarily.
13 perspective on this?
21 1.8.
3 the government knows what they are either because they don’t
15 I mean, the government has taken the view that perhaps when
14 sure they can now fulfill, and I am very concerned about that.
21 come from we are talking about? You said they were from a
1 potentially. DOE. And so, I would like to know why DOE was
9 documents mean, what they are and what they contain, and we
1 these documents come from and why did the government even
13 what we are providing them, or what we have looked for are the
18 answer that.
6 these documents come from? Why did the government feel that
14 regarding the DOE and the FBI, and the data was then stored on
5 thousand --
9 Mr. Lambert worked, 10X being the -- excuse me. 10M is the
11 and Mr. Mickerin’s home to cover the electronic data that was
12 recovered there.
16 times over the last several months that they should come and
17 run searches and obtain data and let’s do this in person. And
24 (Multiple talking.)
3 on a second.
8 view them?
11 are not text files. They are not files that you see words on.
15 So, to say that you can’t read them, at least on our database,
20 several months now to try to cure the errors they first raised
25 did not exist before to help them review the material, and we
Case 8:18-cr-00012-TDC Document 34 Filed 09/13/18 Page 14 of 33
feb 14
1 are trying to solve and cure any issue that exists. So, in
3 week ago.
11 on this. Are you saying that all the documents -- not for
12 their coding or, like you said, --- actual documents that were
24 also produced. Not only from the Sandy Spring Bank where the
1 came from, but also from the foreign banks where we received
14 their position is that even though you haven’t seen these yet
18 don’t know. But it sounds like they are saying these are
24 and Mr. Wernick has not disclosed this, is that there are two
3 be read.
5 that are corrupted and can’t be read, the ones that can, none
6 Your Honor.
20 searchable because they are not text files. And so, I think
22 but --
25 talking about you copy, let’s say, someone’s hard drive and in
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feb 18
2 rudimentary than it probably is. But there are all the files
3 that are --- run Microsoft Word or be able to run Outlook and
5 Are you saying those were copied over and those are
6 the system files you are talking about, things like that?
8 things like that, and that is one of the --- that we have been
16 initially made the offer two months ago to come and -- two and
17 a half months ago to come to our office and run this against
22 saying you can search these records. Mr. Sullivan says they
1 recall exactly what the database is that they are using. But
8 two months ago, or three months ago, was that they didn’t have
13 show them all of the files extensions that they could --- and
14 what they had. And again, that was something new that we
16 THE COURT: Why aren’t the two sides using the same
18 and they can’t, then someone should have them use the same
25 don’t know if they are open to it, but they are able to use
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feb 20
8 of these documents.
10 search and use word descriptors, you get a return that says
12 simply says --
19 if you have not figured out how to search these documents over
24 software would solve this problem, and we can figure out after
1 griping about each other, what the purpose of the call today
2 is.
11 reasonable request.
16 can see them either, and we don’t believe they have ever
18 moments ago.
7 Mr. Wernick?
14 unfounded.
10 that meeting?
16 of that week.
19 Court’s --
5 been involved.
10 other people and just let other people come and talk to me
19 its possession.
22 back and the government hasn’t reviewed them at all. And they
23 can’t represent, as they are not doing, that they did, and
1 Honor, --
2 THE COURT: One says they are. So, I don’t know who
3 to believe, but --
13 Mr. Ettinger has been on others and the ones I have been on.
15 had a baby over the weekend, his wife did, and so he is off
19 been extended since mid-July for anyone from the defense team
21 typically.
23 Ms. Renegell was September 11th, and she was not available the
24 rest of the week. And this was simply going to be with her
2 because we don’t need see their work product or what they did,
11 field.
15 always try to put them in the same footing we are in. I mean,
18 single document.
21 material and certainly the search term results, and they have
2 the light most favorable to the defense and turned those over.
9 meeting with Mr. Sullivan and Mr. Wernick, and whoever else
13 least on your system, and then you can talk about how they can
15 otherwise.
23 And the one way to solve that, since both sides are
4 that week through the 17th, and we can certainly talk off line
11 ahead of time, Your Honor, but that was not the case.
14 has been well aware of these issues. Mr. Ettinger and our IT
21 the first time, and Mr. Ettinger has been intimately familiar
8 any reason, which I am not sure why there would be. But if
9 there were any reason to communicate with the Court about the
11 joint submission.
18 regard.
23 where the parties simply want to play gotcha with each other
7 next time.
14 as we all know.
19 the Judge.
22 the one who made the last comment. Well, it was Mr. Salem.
2 think we should see how the next week or two plays out when,
7 abide.
15 that. Then we will just wait for the motions --- to be filed.
18 Honor.
22 that has been proceeding for quite some time. The original
25 years before the decision was made to indict Mr. Lambert upon
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C E R T I F I C A T E
______________________________________
Fabiana E. Barham Date
Certified Transcriber, CompuScribe
Certification No.: CET**213