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By Matthew Russell Lee, Light Reading, Patreon

SDNY COURTHOUSE, Feb 12 – 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.

On November 23, Judge Berman ruled on a discovery dispute and concluded, "Cut it out" - "Counsel for both sides should be aware that the Court is not fond of "tit for tat"litigation. Cut it out. (Signed by Judge Richard M. Berman on 11/23/2022)."

On November 30 Judge Berman to his credit set the December 7 oral argument to be virtual, since the defendant - whose right it is - did not object: "ORDER as to Stephen Buyer. The oral argument scheduled for Wednesday, December 7, 2022 at 11:00 AM - in the absence of defense objection - is being held by video."

Opinion (than and now): More judges should do this, as they do in civil cases.

But it was converted to in-person, on December 14. Inner City Press there, thread:

Now at insider trading case of ex-Rep Steve Buyer; he is claiming prosecutors illegally saw his emails to or about his lawyer.

Buyer - lawyer is pronouncing it Boo-yer - wants the two insider trading schemes tried separately, under Rule 14. Judge, who pronounces it Boo-yay, is skeptical.

 Defense counsel: The evidence will show he didn't play golf. At least not about T-Mobile. Then he turns to the Navigant scheme, and says, There was no probable cause. Now a 2d defense lawyer, about Brady material. Money talks, and...

Buyer's 2d lawyer: We need the Brady material from the SEC, beyond the FBI's 302s. You can get it. You can close down the Canadian border for 24 hours- Judge: Was that one of my cases? Counsel just plows forward

 AUSA: They'll have SEC material soon - by the end of the week. Judge: Notify me when it happens. AUSA: Mr Boo-yer used a former romantic partner make his trades. The counts should not severed. Even if they were, we'd seek to introduce evidence of the other scheme

 Ex-Rep Buyer is chewing gum, or just clenching his jaw. He paases a note to his lead lawyer. This could go a while

 Judge gives Buyer's lawyers 5 minute warning. Lead counsel uses US Attorney Damian Williams' statement the case couldn't have been brought without the SEC to argue it's a joint investigation, and US Attorney's Office must now search SEC files

 Judge: I'll rule later. Buyer's 2d lawyer: I want to know your voir dire procedures. Judge: You'll get them on a timely basis. But not today.

On December 19, the US Attorney's Office wrote to Judge Berman that, in US v. Buyer, "the US SEC has not made the materials discussed at the December 14 conference available for the Government's review," and will review and make productions under Brady and Giglio. [So presumably this would be the same in US v. Bankman-Fried]. Watch this site.

On February 12, 2023, Buyer's counsel wrote to seek to exclude another other things text messages: "  The exhibits at issue are GX 402, a series of text messages between Mr. Buyer and Individual-1 from August 18, 2016 through October 23, 2017 (before the events in the indictment); GX 401, which contains a series of texts between the two from 2021 (long after the events in the indictment); and GX 306, an email in which Mr. Buyer sent photos of Individual-1’s daughter’s wedding in 2019 and wrote “you are beautiful.” Other topics discussed are hot-button political topics like abortion (Individual-1 stridently expressed that she is pro-life and was very negative about pro-choice women) and political debates including admiration for former Vice President Mike Pence (GX 402), discussions of getting together and phrases like “miss you” (GX 401). Notably, GX 402, which the government told us it intends to offer, is 383 pages long. Adding to the prejudice is that within the text strings and in his phone, Individual-1 is referred to by what the government says is a code name, “Leo.” This code name also shows up in a series of documents (GX 413-15) that the government also seeks to introduce, which contain nothing but Mr. Buyer’s passwords from his iPhone, many of which contain the string “leo.” There is no reason to offer any of this other than to tar Mr. Buyer with the stink of infidelity and conservative political beliefs."

This case is US v. Buyer, 22-cr-397 (Berman)

Watch @InnerCityPress.

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