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Case 1:12-cr-00439-JG Document 47-3 Filed 08/02/12 Page 1 of 5 PageID #: 137




EXHIBIT C

Case 1:12-cr-00439-JG Document 47-3 Filed 08/02/12 Page 2 of 5 PageID #: 138
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------------x
UNITED STATES OF AMERICA,
Plaintiff,


12-CR-439

(JG)
United States Courthouse
Brooklyn, N.Y. 11201

versus

JEAN PIERRE NEUHAUS and ROLAND KAUFMANN,

Defendant.
----------------------------------------x

July 13, 2012
11:30 A.M.


TRANSCRIPT OF CRIMINAL CAUSE FOR ARRAIGNMENT

Before HON. JOHN GLEESON,

UNITED STATES DISTRICT JUDGE

A P P E A R A N C E S:


ATTORNEYS FOR GOVERNMENT:

LORETTA LYNCH, ESQ.
United States Attorney - Eastern District of New York
271 Cadman Plaza East
Brooklyn, New York 11201
BY: JUSTIN GOODYEAR, ESQ.
SHANNON C. JONES, ESQ.
Assistant United States Attorneys


ATTORNEY FOR DEFENDANT:

KOBRE & KIM, LLP
Attorney for the Defendant
1919 M Street, N.W.
Washington, D.C. 20036

BY: ERIC J. SNYDER, ESQ.



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MR. GOODYEAR: The evidence in this case -- the

government has evidence that we're prepared to turn over. It
includes recordings, E-mail messages with the defendants. But
it also touches on sensitive information that relates to
ongoing law enforcement operations; and for that reason, we
would seek a confidentiality order relating to the evidence.
We've provided that to defense counsel, and I'm not sure
whether they're prepared to agree to it.

THE COURT: You mean a matter of just keeping the

discovery within the defense camp?
MR. GOODYEAR: Exactly.
MR. SNYDER: It goes a little bit beyond that, Your

Honor. And, importantly, we've had a good number of
recordings and the information that he wants to protect for
about four months, almost exactly four months. We've not
disclosed it. That was just on the request of the government.
We have no interest in blowing up any other investigations.
We will not do that.

But as to this order which, I just received a few
minutes ago and quickly reviewed, it's problematic without
some assurances that we're going to be able to fully
investigate the FBI agent. And we've already found instances
where he's violated the laws of other countries. We would
need to be able to do that investigation. So I need some
assurances that I would at least get the full name or the real

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name and the ability to do that investigation without being
tied or restricted in some way of investigating further any
other instances where this FBI agent has violated the laws of
other countries or violated the Attorney General's guidelines.

THE COURT: You know, it's my fault. Maybe you

don't fully appreciate how little I know what you're talking
about.

MR. SNYDER: Okay. I can explain further.
THE COURT: Who's the FBI agent?
MR. SNYDER: My client is a Swiss citizen and a

resident of the UAE. Mr. Neuhaus is a Swiss citizen, and I
have every reason to believe he was in Switzerland when the
agent was telephoning Mr. Neuhaus and when he was telephoning
my client. The government has not indicated whether or not
they sought the guidance of the Office of International
Affairs; but I've now sought and obtained advisory opinions
from lawyers in Switzerland, and I'm getting further
information from the UAE that show that he's violated the laws
of those countries. So my point or my proffer --

THE COURT: You mean the agent?
MR. SNYDER: The agent has.
THE COURT: By making contact with your clients?
MR. SNYDER: Absolutely. Absolutely. And I can

give full information to the Court at whatever time you wish.
But I don't want to be tied or restricted now from

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investigating other instances where the agent, whose name I
will not mention here, in other cases and other investigations
violated other countries' laws. I think this would be proper
material to cross-examine the agent, and I want to be able to
investigate that without being tied in any way by a protective
order.

So my point is this, Your Honor. I think we can

resolve this; and until we do, I -- neither me nor my client
will do anything to out the name of the agent, either his true
name or his undercover name. But until we make sure that we
have all the assurances we need that we can properly
investigate other instances where this agent has committed
wrongful conduct, I don't think we can have this joint
proposal to Your Honor for a protective order.

THE COURT: Sounds like you certainly don't.
MR. SNYDER: Correct.
THE COURT: And I'm not going to rule now, at the
arraignment, on a unilateral request for a protective order.
I want you to try to work it out.

MR. SNYDER: We will.
THE COURT: It sounds like there's reasonable

interest on both sides that can be reconciled. Obviously, if
you can't work it out, you know where to find me, and we'll
litigate it.

MR. SNYDER: I'm sure we'll work it out, Your Honor,