DOJ-OGR-00021597.jpg
528 KB
Extraction Summary
3
People
1
Organizations
0
Locations
1
Events
3
Relationships
5
Quotes
Document Information
Type:
Legal document
File Size:
528 KB
Summary
This document is a court transcript from June 29, 2023, detailing a discussion about a bequest from an estate undergoing bankruptcy. An attorney, Mr. Everdell, argues to the Court that this bequest, while disclosed on a financial affidavit, is a 'tenuous asset' that should not be considered for fines because the estate has other claims and the bequest will likely be contested. Another attorney, Ms. Moe, is present but declines to comment further on the matter.
People (3)
| Name | Role | Context |
|---|---|---|
| MR. EVERDELL | Attorney |
Speaker in the court proceeding, arguing that a bequest from an estate in bankruptcy should not be considered for fines.
|
| THE COURT | Judge |
Speaker in the court proceeding, presiding over the hearing and questioning the attorneys.
|
| MS. MOE | Attorney |
Speaker in the court proceeding, who, when asked to respond, states she has nothing additional to add.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Listed at the bottom of the transcript, likely the court reporting agency that transcribed the proceeding.
|
Timeline (1 events)
2023-06-29
A court hearing where Mr. Everdell explains why a bequest from an estate in bankruptcy, though disclosed, is a tenuous asset and should not be considered for the purpose of fines.
Courtroom
Relationships (3)
Mr. Everdell addresses the Court as 'Your Honor' and presents legal arguments.
Both are present in the same court proceeding, likely as opposing counsel, as the Court asks Ms. Moe to respond to Mr. Everdell's points.
Key Quotes (5)
"Your Honor, my understanding is that the document says what it says, and the estate is undergoing bankruptcy proceedings."Source
— MR. EVERDELL
(Explaining the status of the estate related to the bequest.)
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Quote #1
"But because it's in bankruptcy, I assume that this will be contested, and we don't know if there will be any money left at the end of that proceeding to honor the bequest."Source
— MR. EVERDELL
(Arguing that the value of the bequest is uncertain.)
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Quote #2
"It's listed as an asset in the financial affidavit, is it not?"Source
— THE COURT
(Questioning Mr. Everdell about the disclosure of the bequest.)
DOJ-OGR-00021597.jpg
Quote #3
"It is, your Honor, because we felt we wanted to fully disclose everything we know about... we felt in good faith, we had to list it or at least disclose it, but I don't think it should be considered for purposes of fine."Source
— MR. EVERDELL
(Explaining the reasoning for disclosing the bequest despite arguing against its consideration for fines.)
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Quote #4
"Your Honor, I don't have additional"Source
— MS. MOE
(Responding to the Court's request for a comment on Mr. Everdell's statements.)
DOJ-OGR-00021597.jpg
Quote #5
Full Extracted Text
Complete text extracted from the document (1,550 characters)
Case 22-1426, Document 78, 06/29/2023, 3536039, Page167 of 217
SA-421
52
M6SQmax1
1 fine. I can't quite tell from the papers whether -- I know you
2 say the bequest is likely to be contested. What is the current
3 status of the bequest?
4 MR. EVERDELL: Your Honor, my understanding is that
5 the document says what it says, and the estate is undergoing
6 bankruptcy proceedings. I don't believe there is any -- this
7 issue has been addressed because I think the estate is still
8 dealing with victims' claims and other claims against the
9 estate. But because it's in bankruptcy, I assume that this
10 will be contested, and we don't know if there will be any money
11 left at the end of that proceeding to honor the bequest. So
12 that's one of the many reasons why I think this is such a
13 tenuous asset that it shouldn't be considered for purposes of
14 fines.
15 THE COURT: It's listed as an asset in the financial
16 affidavit, is it not?
17 MR. EVERDELL: It is, your Honor, because we felt we
18 wanted to fully disclose everything we know about, and we do
19 know about simply because we were produced that document. We
20 didn't know about it before. We knew about it because we got
21 it in discovery, and we saw it was there, so we felt in good
22 faith, we had to list it or at least disclose it, but I don't
23 think it should be considered for purposes of fine.
24 THE COURT: Ms. Moe, do you want to respond to that?
25 MS. MOE: Your Honor, I don't have additional
SA-421
52
M6SQmax1
1 fine. I can't quite tell from the papers whether -- I know you
2 say the bequest is likely to be contested. What is the current
3 status of the bequest?
4 MR. EVERDELL: Your Honor, my understanding is that
5 the document says what it says, and the estate is undergoing
6 bankruptcy proceedings. I don't believe there is any -- this
7 issue has been addressed because I think the estate is still
8 dealing with victims' claims and other claims against the
9 estate. But because it's in bankruptcy, I assume that this
10 will be contested, and we don't know if there will be any money
11 left at the end of that proceeding to honor the bequest. So
12 that's one of the many reasons why I think this is such a
13 tenuous asset that it shouldn't be considered for purposes of
14 fines.
15 THE COURT: It's listed as an asset in the financial
16 affidavit, is it not?
17 MR. EVERDELL: It is, your Honor, because we felt we
18 wanted to fully disclose everything we know about, and we do
19 know about simply because we were produced that document. We
20 didn't know about it before. We knew about it because we got
21 it in discovery, and we saw it was there, so we felt in good
22 faith, we had to list it or at least disclose it, but I don't
23 think it should be considered for purposes of fine.
24 THE COURT: Ms. Moe, do you want to respond to that?
25 MS. MOE: Your Honor, I don't have additional
SOUTHERN DISTRICT REPORTERS, P.C.•••
(212) 805-0300
(212) 805-0300
DOJ-OGR-00021597
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