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Case 22-1426, Document 87, 07/27/2023, 3548202, Page20 of 35

the fourth page of the document. It posed its questions in the form of “Have you or
[anyone else]?” The juror gave the Court and counsel sworn false answers on his
questionnaire relating to the most sensitive issues in the case. U.S. v Langford, 990
F.2d 65, 68 (2d Cir. 1993).

The court held a hearing narrowly confined to an inquiry about the juror’s
false answers on the questionnaire. A326. The juror, through counsel, invoked his
Fifth Amendment privilege and was granted immunity by the Government to the
extent he testified truthfully. Ironically, he testified that his false statements on the
jury questionnaire were inadvertent. Hence, there was no reasonable basis upon
which to invoke his Fifth Amendment privilege as he was not admitting to having
made intentionally false statements, and his exposure to a perjury charge existed
without an immunity deal. This immunity deal was a Potemkin village, providing
only the veneer of credibility. The court repeatedly noted that the immunity deal
provided Juror 50 “a strong incentive to testify truthfully” (A333, A336, A340),
when in fact it provided only a strong incentive to offer testimony that would satisfy
the Government’s interest in preserving the verdict.

There can be no dispute that Juror 50’s testimony established conclusively
that he falsely answered three separate questions on the jury questionnaire –
Questions 25, 48 and 49. A299, A310, A311. It is no coincidence that Juror 50 gave
false answers to these questions and only these questions. These were the questions

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