Sigelman Sentencing Transcript

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY
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UNITED STATES OF AMERICA,
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Plaintiffs
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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
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B E F O R E:
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THE HONORABLE JOSEPH E. IRENAS

UNITED STATES DISTRICT JUDGE
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A P P E A R A N C E S:
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U.S. ATTORNEY'S OFFICE

BY: PATRICK STOKES, ESQUIRE
ZACH INTRATER, ESQUIRE
TAREK HELOU, ESQUIRE
For the Government
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QUINN EMANUEL URQUHART & SULLIVAN, LLP

BY: WILLIAM BURCK, ESQUIRE
WILLIAM PRICE, ESQUIRE
JUAN MORILLO, ESQUIRE
VERONICA YEPEZ, ESQUIRE
Counsel for Defendant
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Certified as true and correct as required by

Title 28, U.S.C., Section 753.
/S/ Karen Friedlander, CRR, RMR
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United States District Court

Camden, New Jersey
THE DEPUTY CLERK:
(OPEN COURT, June 16, 2015, 10:05 a.m.)
THE COURT:
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All rise.
Good morning, everybody.
Please be
seated.
Okay.
This is the day set for the sentencing of Mr.
Sigelman based on the plea that was taken yesterday.
receive, this morning, a sentencing memorandum from both the
government and the defendant.
talk for a minute about the government's submission, but the
I did
I do -- I'm going to want to
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first issue I want to deal with is -- in the normal sentencing
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process, when there's not an 11(c)(1)(C), when there's just a
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plea or a finding of guilty, the sentencing is a three-step
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process.
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and that, of course, is an adversary proceeding.
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has its motive for, you know, wanting high or low, to the
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extent it becomes a factor in the first -- in the third stage
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under 3553(a).
And the first step is calculating the guidelines,

Each side
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Here, the government says, well, I should do that here.
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They even put a brief, the government likes to lecture me, and
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the -- but they come up with a range of anywhere from 24 to 32
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based on a varying assumptions.
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MR. STOKES:
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THE COURT:
Tell me, how --
Sure.
How am I going to make these assumptions
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in a non-adversarial context, where neither side really cares
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what it is?

Camden, New Jersey
MR. STOKES:
That's right, Your Honor.
And our point
-- our point was that, it is our understanding that the Court
would want to have that information.
fact, say in our sentencing memorandum, that we don't think
it's necessary.
been stipulated to, the guidelines range here isn't
particularly relevant --
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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,
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which, of course, I agree with and I follow it hundreds of
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times, I mean, I you know, is in the -- was not an 11(c)(1)(C)
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situation.
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It was just --
MR. STOKES:
Understand.
We're not asking the Court
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-- we're simply -- if the Court wanted the information, we
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wanted to make sure it was available, so if there's been a
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waive of PSR we --
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THE COURT:
Well, I see -- I see draft PSRs for
Weisman and Hammarskjold and that gave me a --
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MR. STOKES:
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THE COURT:
Fair enough, Your Honor.

It may not be quite identical.
Their
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plea may be a little different in some ways than his, but it's
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very similar as to -- as to the, in effect, Count 1 or the
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equivalent of Count 1.
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MR. STOKES:
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THE COURT:
That's right.
The conspiracy with a five-year max, and

Camden, New Jersey
-- Mr. Sigelman's plea focused on the Foreign Corrupt
Practices Act.
was on both of the frauds.
Well, I think maybe Weisman's and Hammarskjold
MR. STOKES:
THE COURT:
MR. STOKES:
THE COURT:
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We haven't seen --
Even though it's one -- even though it's
one conspiracy.
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.
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THE COURT:
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MR. STOKES:
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THE COURT:
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to make a finding --
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MR. STOKES:
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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.
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I mean, I understand that the most favorable calculation
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might -- in your brief, would be a 24, which would take him
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down to a 51 to 63 range.
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MR. STOKES:
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THE COURT:
And then it goes up from there.
Sure.
It could go up as high, where the high
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end would be in the nineties or maybe even over a hundred,
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depending on how you go, but --

Camden, New Jersey
MR. STOKES:
THE COURT:
MR. STOKES:
THE COURT:
MR. STOKES:
THE COURT:
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Okay.
I just -- this is not an adversary
proceeding, and it should be an adversary proceeding.
It's not -- it's not my intention to make
a finding.
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.
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it's necessary.
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information if it needed it.
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THE COURT:
We don't think
We wanted to make sure the Court had the
Okay.
Well, as I say, I, to some degree,
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had something quite similar -- I had something quite similar
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with Weisman and Hammarskjold, so I don't know if it's exact,
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but I mean it certainly gave me an order of magnitude that was
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pretty similar.
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And by the way, just I note that when the plea is to a
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371, but with no substantive plea on a substantive charge,
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it's actually quite frequent that the guidelines exceed the
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statutory max.
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back to the, whatever crime you're conspiring, and frequently
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that has a much higher guideline.
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example of that, where, if you follow the guidelines, you're
Because the conspiracy guidelines take you
And this is, in a sense, an

Camden, New Jersey
going to wind up with a number that exceeds the statutory
five-year maximum, so...
All right.
The way I'm going to proceed, I'm really
going to proceed -- I'm going to really go to the third stage,
you know, the 3553(a).
whoever is doing -- whoever is doing the argument, from the
lawyer.
anybody you want to speak, you know, like a family member or a
coworker or something, I'm going to let you orchestrate that.
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I'm not saying you have to do that, but if you want to do it,
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you just say, I want to -- I want to hear from so and so.
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He'll come up to the podium, give his name and then he'll say
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whatever -- he or she will say whatever they want to say.
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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
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offer Mr. Sigelman the chance.
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but I always -- I like to hear it and the -- well, and then
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I'll turn it over to the government to give its take.
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It's his constitutional right,
I'm going to alert the government to one thing that, I
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don't know if it upset me is the right word, but sort of
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caught my attention.
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arguing very vigorously for a year sentence, or a year and a
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day sentence, and pretty much implying that anything else
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would not be a reasonable sentence, and I take issue with
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that.
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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

Camden, New Jersey
been a number, you know, 132 months, 156 months, 84 months,
whatever it is, 33 months, you know.
It's been a number.
This is the first one, believe it or not, I've ever
seen with a range, and this district has a history of being
hostile to 11(c)(1)(C)'s district wide.
U.S. -- a string of U.S. attorneys did not like and that's why
we never had them, or never had very many of them.
It was something the
But my view is that when the government comes to me
with an agreement and says this is the range, they are, by
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definition, saying, anything within this range is reasonable.
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Because, otherwise, the government is in the position of
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saying, I've agreed to this range, but I think it's
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unreasonable, you know, the low end is unreasonable at this
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range.
Do you follow what I'm saying?
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MR. STOKES:
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THE COURT:
Your Honor -I think the nature of -- you know, in a
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regular sentencing, you just take your position.
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your position is, you take it.
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advance signed an agreement, which in effect says, anything
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within this very narrow range is reasonable.
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receive a brief which is telling me, if you don't do what I
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think -- anything else would be unreasonable --
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MR. STOKES:
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THE COURT:
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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.

Camden, New Jersey
MR. STOKES:
did not say that in the brief.
is, we believe that an appropriate sentence here is, is the
top end of the range.
range, and we understand that the Court --
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
stipulate to it, you're saying it's reasonable; otherwise,
you're in the position of saying, I stipulated to that, but I
think it's unreasonable.
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MR. STOKES:
And we've not said that, Your Honor.
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What we've said is that we believe, in light of all the facts
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and the circumstances in the 3553(a) factors, we think that
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the appropriate sentence here is the sentence we've
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recommended.
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somewhere else in the range is unreasonable.
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that nowhere in our filing, and we certainly don't mean to say
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that, Your Honor.
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We've certainly not said that a sentence

And we've said
Our point is, we think that the appropriate outcome
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here is as we've set it forth.
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argument is what it is and -- and, you know, we've certainly
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had discussions with the defense about that fact, we've had
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discussions with the Court about that fact.
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THE COURT:
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MR. STOKES:
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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

Camden, New Jersey
suggest anything.
THE COURT:
MR. STOKES:
Well, just be alert to how it hit me.

Mm-hmm.
Certainly, Your Honor, our only
point was to let the Court know that we feel that this is our
-- we're advocates for the United States.
position.
is, from the government's perspective, the right outcome.
We've won some and lost many.
THE COURT:
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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
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courts, and so we are certainly aware of the fact that what we
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have --
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THE COURT:
You're not talking about this case,
you're talking about courts, generally.

MR. STOKES:
In general.
And so we certainly
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understand that the Court may disagree with us and -- and it
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certainly is part of the stipulation, that there's a --
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there's a range that the Court can sentence in, and we
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understand that we have to live with that, and we're simply
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making a recommendation as to what we think is the appropriate
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sentence here, from our perspective.
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THE COURT:
Yeah.
Again, an 11(c)(1)(C) with a
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range, to me, to some degree, is almost a contradiction in
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terms, but -- there's a whole concept to the (c)(1)(C).
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agree in advance to what it's going to be and you agree to

Camden, New Jersey
You
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something both sides think is reasonable, but -- all right.
Mr. Burck, or Mr. Price, or both of you.
MR. BURCK:
Judge, it will be I.
THE COURT:
Can any either work like a ventriloquist?
Can he make it look like you're speaking --
MR. BURCK:
It would be much better that way.
THE COURT:
But his lips don't move, but he's the
one, your know.
MR. BURCK:
It's much better that way.
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THE COURT:
Like Edgar Bergen and Charlie McCarthy,
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you know.
All right.
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MR. BURCK:
Judge, I won't be very long.
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THE COURT:
You can take as long as you want.
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MR. BURCK:
I don't know if you want me to do it here
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or if I should do it at the podium.

THE COURT:
MR. BURCK:
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this case, as --
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And I appreciate that, Judge.
Judge, again, I -- we're not going to take a lot of the

Court's time.
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You know I'm very loosey
about where you stand in the courtroom.
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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.

Camden, New Jersey
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THE COURT:
I mean, motions and stuff, so I've --
I've gotten to see a lot over, you know, in addition to the
two weeks of trial, you know, as you know, we had --
MR. BURCK:
A year and-a-half, a year.
THE COURT:
Probably a half a dozen interactions over
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various motions and things like that.

MR. BURCK:
Absolutely, Judge.
And Mr. Sigelman, as
you've noted, this case has received some attention, to go to
the fact that his background is also known to you.
We've
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decided to -- to really focus only on the aspect to give a
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little more context to his life and what he's done, so that
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you had some more history of his personal life and his work at
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Office Tiger, his work at AG&P.
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Obviously, his work at PetroTiger ended poorly, ended
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badly, and in a plea here, but those other -- his other
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businesses and his life with his family and his children.
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So, Judge, we really don't want to spend much time
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trying to lecture the Judge, lecture you about anything,
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because, as we said in our paper --
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THE COURT:
The only person who has a license to
lecture me is my wife.
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MR. BURCK:
Exactly, Judge, and --
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THE COURT:
A license she exercises with great
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diligence and frequency.

(Laughter.)

Camden, New Jersey
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MR. BURCK:
Well, Judge, in the 3553(a) factors we've
said in our brief, we know you've done hundreds, thousands
potentially, sentences.
going to lecture you about.
appreciation of that than anybody in this courtroom does.
This is not something that we're

You under -- you have a better
So, Judge, our -- and just with respect to the
government's 30-page brief, we didn't have a chance to review
it and --
MR. STOKES:
Twenty-five.
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THE COURT:
Twenty-five page.
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MR. BURCK:
Excuse me, 25-page brief.
We didn't have
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a chance to review it and respond to it, and I'm not going to
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spend much time responding today.
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aware that Mr. Sigelman did not plead to anything related to
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the five, really, five and-a-half counts.
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THE COURT:
Obviously, the Court is
Yeah, that's the difference, in a sense.
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Even though the statute is the same, the allocution is
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different.
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MR. BURCK:
Exactly, Judge.
And he pled to the
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object, the FCPA object in the first count.
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brief --
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THE COURT:
So much of their
Also he pled it in kind of a willful
blindness concept.
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MR. BURCK:
Exactly.
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THE COURT:
As opposed to a actual knowledge concept.

Camden, New Jersey
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MR. BURCK:
Exactly.
THE COURT:
Although as a legal matter they're the
same, but nevertheless there was a slight difference.
MR. BURCK:
Exactly, Judge.
THE COURT:
In the way the allocution went.
MR. BURCK:
Exactly.
So much -- most of what the
government has written in its brief, we actually disagree
with, certainly as it applies to the kickbacks and those
allegations, the allegations that the government dropped.
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Even as to the FCPA, they largely rely on testimony of Mr.
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Weisman, who we believe admitted to making false statements to
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the jury, as the Court --
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THE COURT:
Well, I guess as to the first two
questions on whether -- was it Wednesday?
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MR. BURCK:
Thursday.
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THE COURT:
Thursday.
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The first two questions that
were asked at 8:30 when we started.
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MR. BURCK:
Right.
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THE COURT:
Created somewhat of a surprise.
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MR. BURCK:
Something of a surprise.
And I think,
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Judge, I think you actually -- you helped him, because you
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asked him if he had hallucinated, what he had said.
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THE COURT:
That's right.
The press picked that up.
No, he said he mis-remembered.

MR. BURCK:
Mis-remembered, right.

Camden, New Jersey
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THE COURT:
And I had never heard that word before,
and so I asked him whether he had an -- if that meant he had a
hallucination of some kind, and that was -- that was picked up
by Reuters.
Somebody picked it up, Bloomberg.
MR. BURCK:
And that was actually the best help that
Mr. Weisman got in those several days he was on the stand,
because, otherwise, he was admitting to making a false
statement to the jury.
But, Judge, all that aside, the fact is that what we'd
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like to do is, again, we respect the Court a great deal.
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know the judgement that you have -- tremendous amount of
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experience with sentencings and that you understand the facts
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of this case, you understand Mr. Sigelman's personal history.
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We don't intend to have his family or his friends or his
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colleagues come and --
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We
THE COURT:
I didn't mean to suggest that you should
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MR. BURCK:
No.
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THE COURT:
I just wanted to give you the opportunity
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do that.
I just wanted to explain, Judge.
if you felt like it.

MR. BURCK:
Absolutely, Judge.
And typically --
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typically we would, but we have viewed this as a
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non-adversarial proceeding, and so we thought it would be --
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again, we thought that the Court had a very good idea of Mr.
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Sigelman's history.

Camden, New Jersey
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So Mr. Sigelman will speak briefly to the Court,

address the Court in a moment.
And just one last point.
On the Court's point to the
government about 11(c)(1)(C) pleas, that explicitly the rule
says that any sentencing range that's agreed upon is, quote,
appropriate disposition of the case.
So by definition, the government is agreeing.
THE COURT:
Well, that was the point I was trying to
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MR. BURCK:
That's correct.
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THE COURT:
-- before, is that if you couple an
make --
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11(c)(1)(C) with a range, which is itself unusual, but that
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anything within that range should, by definition, be deemed
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reasonable.
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MR. BURCK:
That's right, Judge.
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rule requires it.
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have said it is an appropriate disposition.
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And, in fact, the
It says that they -- by definition, they
So, Judge, as you know, we were asking for a
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noncustodial term of probation with the Court's discretion as
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to the terms, and the other aspects of the plea that were
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already agreed to, and then of course the fine as the Court
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deems appropriate.
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And with that, Judge, I will ask Mr. Sigelman to stand

and address the Court.
THE COURT:
Okay.

Camden, New Jersey
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THE DEFENDANT:
Your Honor, I stand before you today
with humility and remorse.
hold myself to the highest standards and to live virtuously.
Now, I accept responsibility for the actions that have led to
this plea.
I have tried throughout my life to
Out from this, and the self-reflection this experience
has engendered, I will strive to earn back trust from those
around me, by my future deeds.
friends, and to this community for what has happened.
I apologize to my family,
It is
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with deep respect to this Court, to the dedicated and selfless
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jurors who listened carefully and devoted their time to this
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case, to the prosecution, as well, and to the many fine and
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hard-working people who have brought this trial together.
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them, I express my gratitude.
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To
I also have a new and deep appreciation for the
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instrument of the trial itself.
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leading a good life of -- a life of good works from here.
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Thank you.
With this, I commit to
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THE COURT:
Thank you very much, Mr. Sigelman.
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MR. BURCK:
Thank you, Your Honor.
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THE COURT:
Mr. Stokes or Mr. Intrater, whoever is
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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

Camden, New Jersey
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belabor the facts of the case for very long, but I do want to
talk a little bit about what we believe the facts show and --
and why we think that a custodial sentence and, as we've
recommended, a sentence at the top of the range is the
appropriate sentence here, from the government's perspective.
First, Judge, I just want to make an important point,
we think.
acknowledges making a mistake, and understanding that in the
-- in the, you know, moments after a plea and a sentencing one
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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
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admitted to in court, in his plea, is participation in a more
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than six-month bribery scheme, in which he directed others and
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approved payments, four payments of over $300,000, to a
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government official, in order to obtain a contract, an oil
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services contract, a Mansarovar contract.
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THE COURT:
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MR. STOKES:
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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,
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one-time mistake or anything of that nature, but rather this
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was a complex long-running scheme in which he, Knut
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Hammarskjold and Greg Weisman and lower-level employees were
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involved in, in orchestrating surreptitious payments, illegal
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payments, what he's acknowledged were intentionally unlawful

Camden, New Jersey
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payments, in order to obtain this contract.

And certainly, he's -- he allocuted yesterday to
willful blindness, and what we would point out is, of course,
that willful blindness that he allocuted to relates to the
status of David Duran as an Ecopetrol employee, not with
regard to --
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THE COURT:
But that's a -- that's a -- that's an
element of the --
MR. STOKES:
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THE COURT:
Absolutely.
-- of the offense.
If he -- you knew
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that the person you were paying the bribes to was a government
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official.
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offense.
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I mean, that's actually -- that's an element of the
MR. STOKES:
And so I just
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wanted to be clear that -- that he certainly isn't
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acknowledging -- he acknowledges that he was -- he was aware
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that he was making unlawful payments.
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And -- and so, Judge, you know, we've argued this in --
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through pretrial filings, and I think, you know, through our
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evidence with Mr. Weisman, and other evidence that we've put
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before the Court or described to the Court in the past and
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would have put on in this trial, we think our evidence shows
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that the defendant was actually aware of Mr. Duran's status,
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but that's really of no particular moment to this sentencing,
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of course, from a legal standpoint, whether he was

Camden, New Jersey
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intentionally blind to certain facts or whether he actually
knew it.
It doesn't -- doesn't change, really, anything.
He's no less culpable, but we would simply point out
that the facts we -- we presented and would have presented had
trial continued, we think would have shown that he had, in
fact, greater knowledge.
Putting aside Mr. Weisman's testimony on this fact,
Mr. Hammarskjold would have testified to this fact, as well as
the vice-president of finance, Mr. Calderon, having
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overheard -- I described it in our brief, but having overheard
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a conversation with Mr. Sigelman in which Mr. Sigelman talked
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about paying bribes to -- I'm sorry, Mr. Duran of Ecopetrol
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asking for bribe payments.
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And so, Your Honor, we -- we think it's important to
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recognize, and certainly we have emphasized, that the
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defendant's role in this case is not a minimal one.
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defendant was the undisputed leader of PetroTiger.
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evidence indicates that he was the undisputed -- that he was
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the leader of this bribery scheme and that he was aware of all
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facets.
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him.
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invoices were false and that this was a cover-up scheme.
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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,
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is understandably, and appropriately so, which we're not
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suggesting otherwise, in the opening and in closing, attacked

Camden, New Jersey
20
Mr. Weisman, quite effectively, in fact, but in the end, he
has acknowledged the very crimes that Mr. Weisman, himself
acknowledged, Mr. Hammarskjold has acknowledged, and we think
that's important, but he has acknowledged what they -- what
Mr. Weisman testified to, that Mr. Weisman did not go into the
FBI and lie to them about the defendant's involvement in the
FCPA scheme, in order to curry favor.
That Mr. Weisman did not falsely implicate himself on
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.

Camden, New Jersey
21
Sigelman most certainly was involved in it.
And so we don't think that's a hallucination.
understand Mr. Weisman was a very problematic witness on the
stand and admitted to making false statements in the
courtroom.
Your Honor, is that there certainly were other witnesses that
we had brought to the Court's attention.
not sure it matters, but Mr. Sigelman, himself, has
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
We're simply
I'm not reluctant to try cases and -- but
you chose to go this route.

MR. STOKES:
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.

Camden, New Jersey
22
I'll start with the second first.
General deterrence.
In a complex white-collar case, certainly in a FCPA case,
where there are numerous difficulties to obtaining evidence
overseas, there are often opinions -- we are often -- the
government is in a position of obtaining evidence from
overseas, from years past, obtaining witnesses from overseas,
and because of the complex and difficult nature of building
these cases, we think that --
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

Camden, New Jersey
23
on cooperating, alleged co-conspirators.
right in the country talking to you.
know, he was hiding somewhere in the jungle of Colombia to
avoid -- he actually wanted to be here.
Sidley & Austin, turned over thousands and thousands of -- I
think it was 4,000 pages.
was some very large number of documents, and had done -- you
know, and Sidley does this kind of work in other context.
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
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

Camden, New Jersey
24
court because I tried several.
and-a-half-month criminal white-collar case, in which I gave
the longest tax fraud sentence ever given, twice what Al
Capone got, for someone who was engaged in a tax fraud trial.
I've done three or four --
MR. STOKES:
THE COURT:
I tried a nine
And we certainly support that.

I've done three or four big white-collar
cases, all resulted in convictions and all resulted in
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

Camden, New Jersey
25
the government.
reason.
We think it's appropriate here for that
THE COURT:
And you use the word "appropriate," and,
of course, 11(c)(1)(C) says, agree that a specific sentence or
sentencing range in the -- is the appropriate disposition.
That's actually right from 11(c).
MR. STOKES:
THE COURT:
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

Camden, New Jersey
26
forth in our brief.
end of the range.
that, but that's certainly why the government is reaching the
position it's reaching.
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
to change the terms of the agreement.
what our plea agreement permits us to argue and as the parties
contemplated.
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

Camden, New Jersey
27
year and a day is and I guess the word, is the "appropriate
disposition."
Those are the words in the rule.
And I start with that.
On the -- on the question of general deterrence, I
believe in general deterrence, don't get me wrong.
it's, you know, built into the warp and woof of our, you know,
our sentencing regime, has been for 200 years, or however long
we've been sentencing people.
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

Camden, New Jersey
28
that that's an appropriate disposition, they're really talking
about the factors of 3553(a), that it's appropriate.
it's general deterrence, specific deterrence, just punishment,
seriousness of the offense, character of the defendant, all
those factors that are in -- and the principle of lenity, of
course, too, which is actually the first sentence of 3553(a),
which is, the sentence shall be no more serious than necessary
-- or severe than necessary to carry out the goals of
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

Camden, New Jersey
29
white collar world, that -- at least that we're dealing with
here, that, you know, standing up in a courtroom and pleading
guilty, and as I say, being branded a convicted felon, is a
very serious general deterrence.
I also believe that one of the very first things in
3553(a) is the character of the defendant.
showed, I'll call it a character flaw, if you want to call it
that here, in making the decisions he did make, with respect
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

Camden, New Jersey
30
thousands, and he's got a new venture, which, again, also
holds the possibility of -- of employment.
potential and proven ability to do great good for society.
So he has the
And I do believe, as I say, I've done -- I had one year
where I did more than a hundred sentences, just one year, and
I don't know that, you know, that Mr. Sigelman, when it turns
-- when I consider the risk of recidivism, which is something
I always do consider when I sentence anyone and when I'm
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

Camden, New Jersey
31
house, wherever -- wherever he is staying, and -- because
they're going to look not just at the terms of his probation,
but they're going to look at the terms of, you know, is he
doing a good job on probation.
mean, I think it's going to be as clean as a hound's tooth,
but I really don't know.
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
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

Camden, New Jersey
32
handle those all the time, where probation has turned
something down and they come to me, the attorneys petition me
to, in effect, overrule them.
don't.
And sometimes I do, sometimes I
But -- and he has that right.

Now, the next issue I want to deal with, there has been
an agreement that he will pay restitution, and I think it's,
in effect, to PetroTiger.
Attorney's Office, but --
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
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

Camden, New Jersey
33
number, I think we got -- it's not going to make it much of a
difference, but it's $239,015 --
THE COURT:
MR. STOKES:
THE COURT:
days.
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
should be a fine paid here, and I -- by the way, I confer with
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.

Camden, New Jersey
34
So, even though I don't -- have not seen -- that form
was never filled out, that probation normally gets filled out
when they do a presentence report, I have enough information
from other aspects of this case to say that a
hundred-thousand-dollar fine, and that's within the statutory
limit, the fine is actually the highest of 250 or -- gain or
loss and -- so I want a hundred-thousand-dollar fine paid to
the government.
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.

Camden, New Jersey
35
THE COURT:
Okay.
Once again, I have no particular
aversion to him doing some traveling within the United States,
if -- related to his business ventures, but I want the same
condition.
probation in Miami.
advance.
and I'm -- right now, I'm predicting what's going to happen to
him, you know, and I don't know.
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.

Camden, New Jersey
He
36
has 14 days.
can appeal -- you can appeal your sentence.
-- you have a right to appeal.
right hasn't been waived, but that's a different story.
That's a decision that's not made by me.
Circuit and, indeed, the clause in this case, even
specifically gives the U.S. Attorney the right to challenge --
if he files an appeal, to challenge that he's waived that
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

Camden, New Jersey
37
wants to file, that he -- that it gets filed, that's all.
MR. BURCK:
Yes, Your Honor.
THE COURT:
And again, I recognize that he has a very
broad waiver of both the right to appeal and his right to
post-conviction relief.
reserved the right to bring that -- to move before the
Circuit, and at least in my case, in the few cases where
someone did file, the Circuit has dismissed it on motion.
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.

Camden, New Jersey
38
THE COURT:
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:
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 --
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

Camden, New Jersey
39
for the record, are separate and apart from the restitution,
but we obviously are dismissing the forfeiture allegations, as
well.
THE COURT:
Yeah.
Okay.
We'll -- we'll do that and
if I have any questions as to the form, I'll contact the two
of you.
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,

Camden, New Jersey
40
has the power to order a drug test, if they want.
MR. ANTONISON:
THE COURT:
Correct.
For whatever the reason, they suspect
something, they can do it.
mandatory on them, 15 days, unless the government has any
objection to that?
MR. STOKES:
THE COURT:
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

Camden, New Jersey
41
in the Weisman draft presentence report.
that's what he's raising now, right now.
That's what he's --
I guess the reason I hesitated a little bit was that
when you're forming a corporation and there's -- there may be
other shareholders, it's not quite self -- it's kind of --
it's a form of self-employment.
entrepreneur, but it's not like somebody, you know, who just,
you know, repairs computers, he goes from house to house
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

Camden, New Jersey
42
1
2
3
4
THE COURT:
year and-a-half, but some day -MR. STOKES:
THE COURT:
MR. STOKES:
8
9
You may have learned a little bit about
Ecopetrol.
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:
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

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
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

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,

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

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

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

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

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

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

Camden, New Jersey

Sigelman Sentencing Transcript

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1

UNITED STATES DISTRICT COURT

NO. CRIM. 14-263

THE HONORABLE JOSEPH E. IRENAS

U.S. ATTORNEY'S OFFICE

QUINN EMANUEL URQUHART & SULLIVAN, LLP

Certified as true and correct as required by

United States District Court

THE DEPUTY CLERK:

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

Good morning, everybody.

This is the day set for the sentencing of Mr.

Sigelman based on the plea that was taken yesterday.

receive, this morning, a sentencing memorandum from both the

government and the defendant.

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

I do -- I'm going to want to

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

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

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

and that, of course, is an adversary proceeding.

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

And the first step is calculating the guidelines,

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

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

based on a varying assumptions.

Tell me, how --

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

United States District Court

That's right, Your Honor.

And our point

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

would want to have that information.

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

been stipulated to, the guidelines range here isn't

We recognize and we, in

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

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

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

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

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

We're not asking the Court

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

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

Well, I see -- I see draft PSRs for

Weisman and Hammarskjold and that gave me a --

Fair enough, Your Honor.

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

United States District Court

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

was on both of the frauds.

Well, I think maybe Weisman's and Hammarskjold

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

Sigelman, in effect, allocuted basically to the Foreign

And I believe in their

plea agreement they stipulated to a guidelines calculation.

So I really hesitate here

I mean, I understand that the most favorable calculation

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

And then it goes up from there.

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

depending on how you go, but --

United States District Court

proceeding, and it should be an adversary proceeding.