Inside Trading Case of
Ex-Rep Buyer on Merger of T-Mobile Has Filter
Team Issues, 2023 Trial
By Matthew
Russell Lee, Light
Reading, Patreon
SDNY COURTHOUSE,
August 31 – The two week trial
against the proposed T-Mobile
/ Sprint merger ended on
December 20, 2019 before U.S.
District Court
for the
Southern
District of
New York Judge
Victor
Marrero. There
were papers
due January 8,
and a final
four hour
argument on
January 15.
Inner City
Press began
what will be a
trial-long
live-tweet, here.
Day 7 Patreon
here.
On
July 25, 2022
the SDNY
prosecutors
unsealed an
indictment of
ex Rep Stephen
Buyer for
illegal
trading on the
merger. They
scheduled an
11:30 am press
conference
which Inner
City Press
went to attend
with smart
phone to live
stream.
On
July 27, Buyer
accompanied by
his wife was
in Courtroom
17B of 500
Pearl Street
to be
arraigned.
Inner City
Press live
tweeted it here.
On
August 31,
Judge Richard
M. Berman held
a US v. Buyer
proceeding,
ranging from
the so-called
filter team to
trial dates,
most likely in
February 2023.
Inner City
Press live
tweeted here:
Assistant
US Attorney:
We are
producing
discovery,
including
early Jencks
Act material.
Still
outstanding
are the laptop
computer that
was seized
from the
defendant
under a search
warrant. We've
produced the
entire
contents, but
not the
responsive set
AUSA:
There's an
issue with the
format in
which the
laptop was
initially
imaged. And,
the files will
need to be
subjected to a
filter review.
We've
conferred with
the defense
about
conducting the
filter. There
are
outstanding
subpoena
returns
AUSA:
We've had
preliminary
discussions
about when to
hold a trial.
Defense hasn't
yet told us
when they'd be
prepared to
file motions.
Judge Richard
Berman: Let's
hear from the
defense.
Buyer's
lawyer: On the
laptop, we
want to talk
to the filter
team leader
AUSA:
The role of
the filter
team is to go
into data sets
&
segregate out
the materials
that are
search term
hits for
potentially
privileged
communications.
Talking about
the screen is
done with the
prosecutors,
not the filter
team, it would
be inefficient
for her
AUSA:
We understand
that Mr.
Alonso wants
to speak to
her. He has
proposed to us
some search
terms and
we've passed
them along or
will do so
shortly. But
we don't
understand why
we should put
defense
counsel into
direct contact
with the
filter team.
Judge
Berman: I'll
give you the
last oral
world, Mr.
Alonso.
Alonso: We
talk to DOJ
filter teams
all the time.
I'm in touch
with one in DC
right now. We
have serious
questions in
this case
whether the
filter team
has the same
view. We'd
like to reduce
wear n' tear
Judge
Berman: You
can send me a
2 page letter,
Mr. Alonso.
I'll give you
my
determination
by memo
endorsement.
By when?
Alonso:
Friday. Judge
Berman: Noon?
Alonso: End of
business, if
possible.
Judge Berman:
5 pm. US
response
Tuesday at
noon.
Alonso:
I have another
issue. The US
gave us 3 sets
of warrants. I
don't know if
the first set
involve the
filter team?
AUSA: My
understanding
is that a
filter team
was involved.
But the
Internet
service
provider
warrant were
when the
investigation
was covert.
2d
Defense
counsel: We'd
like a trial
just after
Thanksgiving.
Judge Berman:
That's not
going to work
for the Court.
We have a big
trial. We're
looking at
February.
That's going
to be the best
I can do, I
think.
2d
Defense
counsel: If
your other
case breaks
down, we could
give you
January dates.
In February, I
cannot do it
before the
20th. Once we
have the trial
date we can
work backwards
on a schedule.
Judge Berman:
Always helpful
to have the
dates.
Next
is Wednesday,
Dec 7 at 11
am. Defense:
We prefer
in-person.
Judge Berman:
I'll
try.
AUSA: If you
can make an
oral finding
under the
CARES Act?
Judge
Berman: I'm
making that
finding now. I
got an email
this morning
for a
ceremonial
proceeding in
the courthouse
with respect
to one of our
learned
colleagues.
There's a
discussion of
testing and
masks and
social
distancing. So
it's still an
issue..
AUSA:
Any date after
Feb 20 is fine
with us. Nov
was a problem
for us, but it
is for the
court as well.
Our case would
be two weeks
or more.
Defense: Three
weeks total,
assuming the
US doesn't
take up much
of the 3d
week. AUSA:
Let's exclude
Speedy Trial
Act time
Judge
Berman: I'm
going to grant
that
application.
I think that's
it. Adjourned.
This
case is US v.
Buyer,
22-cr-397
(Berman)
Watch
@InnerCityPress.
***
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