Free Bench Trial - Held - District Court of Colorado - Colorado

Case 1:03-cr-00232-RPM

Document 1060

Filed 11/13/2006

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: November 13, 2006 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ___________________________________________________________________________ Criminal Action No. 03-cr-00232-RPM UNITED STATES OF AMERICA, Plaintiff, v. 1. EDWARD P. MATTAR, III, 2. THOMAS ALAN BOYD, 3. JACK O. GRACE, JR., Peter Bornstein Virginia Grady Daniel Smith Daniel Sears Michael Carey John Haried

Defendants. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ Trial Day Thirty-One 9:03 a.m. Court in session.

(Defendants Mattar, Grace and Boyd present). Mr. Haried and Mr. Bornstein on behalf of the government and defendant Mattar identify, stipulate and offer Defendants' Exhibits B-4 (September 7, 1998 report) B-7 (October 13, 1998 report) and X-32 (September 17, 1998 report) and that these exhibits are true copies of evaluation reports (Best Bank Credit Card Portfolio) prepared by Touchstone Financial Group for the FDIC. Mr. Haried and Mr. Bornstein on behalf of the government and defendant Mattar further stipulate that the source of the information for defendants' Exhibit B-7 pg. 7 was Central Financial Group, FDIC and Touchstone. Mr. Sears states defendant Grace reserves any objection to exhibits for live testimony in event of a conviction (sentencing). Ms. Grady states defendant Boyd has is no factual dispute with respect to exhibits but has relevancy and foundation concerns. ORDERED: Defendants'Exhibits B-4, B-7 and X-32 received.

Case 1:03-cr-00232-RPM

Document 1060

Filed 11/13/2006

Page 2 of 4

November 13, 2006 03-cr-00232-RPM 9:11 a.m. Defendants' witness, Penny McDowell, sworn.

Direct examination of Ms. McDowell by Ms. Grady. Defendants'Exhibit Y-143 identified, offered and received as a demonstrative. Reference to Defendants' Exhibits G-7 - G155. Government' Exhibit 237 identified and offered. s 9:35 a.m. to 9:37 a.m. Mr. Carey voir dires Ms. McDowell regarding Government' s Exhibit 237.

Government' Exhibit 237 received. s Reference to Government' Exhibit 1459. s Government' Exhibit 238 identified, offered and received. s 10:04 a.m. Cross examination of Ms. McDowell by Mr. Carey.

Reference to Defendants' Exhibits G-12, G-75 and A-8. Reference to Government' Exhibits 237 and 1459. s Reference to a portion of the deposition transcript of Ms. McDowell. 10:27 a.m. Redirect examination of Ms. McDowell by Mr. Sears.

Reference to a portion of the deposition transcript of Ms. McDowell. 10:31 a.m. 10:39 a.m. 10:54 a.m. 10:56 a.m. Redirect examination of Ms. McDowell by Ms. Grady. Court in recess. Court in session. Defendants' witness, Marie H. Weinmaster, sworn.

Direct examination of Ms. Weinmaster by Ms. Grady. Reference to Defendants' Exhibits G-7 - G-155. 11:08 a.m. Cross examination of Ms. Weinmaster by Mr. Carey.

Reference to Defendants' Exhibits G-7, G-14 and G-84. 11:11 a.m. 11:12 a.m. Redirect examination of Ms. Weinmaster by Mr. Sears. Defendants' witness, Polly Chesson by Ms. Grady.

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Case 1:03-cr-00232-RPM

Document 1060

Filed 11/13/2006

Page 3 of 4

November 13, 2006 03-cr-00232-RPM Defendants'Exhibit Y-141 identified, offered and received. Reference to Defendants' Exhibit G14. 11:32 a.m. 11:34 a.m. 11:35 a.m. 11:37 a.m. Direct examination of Ms. Chesson by Mr. Bornstein. Cross examination of Ms. Chesson by Mr. Haried. Redirect examination of Ms. Chesson by Ms. Grady. Defendants' witness, Robert Ogburn, sworn.

Direct examination of Mr. Ogburn by Mr. Smith. Reference to Government' Exhibits 76, 815 and 1379. s 12:10 p.m. 1:28 p.m. 1:29 p.m. Court in recess. Court in session. Continued direct examination of Mr. Ogburn by Mr. Smith.

Defendants'Exhibits D-2, C-5 and D-4 identified, offered and received. Reference to Defendants' Exhibit C-3. 1:50 p.m. Cross examination of Mr. Ogburn by Mr. Haried.

Reference to Defendants' Exhibits C-5 and D-4. Reference to Government' Exhibits 1302, 314, 815, 76, 64, 1379, 498, 884 and 929. s Reference to the February 24, 2003 deposition transcript of Mr. Ogburn. Government' Exhibit 899 identified and offered. s 2:44 p.m. to 2:46 p.m. Mr. Bornstein voir dires Mr. Ogburn regarding Government' s Exhibit 899.

Government' Exhibit 899 received. s 2:51 p.m. 2:54 p.m. Redirect examination of Mr. Ogburn by Mr. Bornstein. Redirect examination of Mr. Ogburn by Mr. Smith.

Reference to Government' Exhibits 28 and 1379. s Reference to Defendants' Exhibit D-4. 3:02 p.m. Recross examination of Mr. Ogburn by Mr. Haried.

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Case 1:03-cr-00232-RPM

Document 1060

Filed 11/13/2006

Page 4 of 4

November 13, 2006 03-cr-00232-RPM Reference to Government' Exhibit 929. s 3:08 p.m. Further examination of Mr. Ogburn by Mr. Smith.

Reference to Government' Exhibit 929. s 3:11 p.m. 3: 27 p.m. 3:28 p.m. Court in recess. Court in session. Defendants' witness, Gary Schwartz, sworn.

Direct examination of Mr. Schwartz by Ms. Grady. Defendants' Exhibit E-27 identified and offered 3:42 p.m. to 3: p.m. Mr. Carey voir dires Mr. Schwartz regarding Defendants' Exhibit E-27.

Defendants'Exhibit E-27 received. Defendants'Exhibit B-30 identified, offered and received. Reference Government' Exhibits 832 - 873 and 884. s Defendants' Exhibit E-29 identified and offered. 3:56 p.m. to 3:57 p.m. Mr. Carey voir dires Mr. Schwartz regarding Defendants' Exhibit E-29.

Defendants'Exhibit E-29 received. Defendants'Exhibit E-32 identified, offered and received (modify - Opp ref/exhibit #). Discussion regarding scheduling. Discussion between Mr. Bornstein, Mr. Haried and Court regarding exhibits. 4:35 p.m. Court in recess.

Trial continued. Total time: 6 hrs. 14 min.

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