Court dialogue hints at asset transfers and alleged consciousness of guilt in a civil case

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 103 H3vlgiu2 transferring assets away from the jurisdiction of the court because -- THE. COURT: She sold the house. Le MR. CASSELL: Right. After she wrote an email that said, hey, I could get -- THI ES COURT: You can't argue, I don't think, that that's an admission. T MR. CASSELL: We believe it goes to consciousness of guilt, and we've cited a case in our brief to that effect. But I think if you have a difficulty with that small piece of our argument, I mean, I think the rest of it is really, you know, the meat and potatoes here, so THE COURT: Okay. Yes. MR. PAGLIUCA: Your Honor, I'm going to not try to belabor this, but I have to respond to some of the points, just so that the record is clear. The language that we proposed to the Court about the financial status comes from the very cases that are in the Second Circuit, and that's the words that the Second Circuit and district courts in the Southern District use. And I quote from Tillery: No evidence as to defendant's financial status may be presented to the jury during the first phase of the trial by either of the parties to this action. And the Second Circuit says that that's the preferred method. Mr. Cassell, I think, knowing that he's losing this battle, then tries to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011406