Michael Kimelman’s Attorney Outlines His Client’s defence In Goffer/Kimelman Trial: “I Have A Man’s Life In My Hands”.

15ILGOF1 Trial
1 UNITED STATES DISTRICT COURT
1 SOUTHERN DISTRICT OF NEW YORK
2 ——————————x
2 UNITED STATES OF AMERICA,
3
3 v. 10 CR 56 (RJS)
4
4 ZVI GOFFER, EMANUEL GOFFER,
5 MICHAEL KIMELMAN,
5
6 Defendants.
6 ——————————x
7
7 New York, N.Y.
8 May 18, 2011
8 9:39 a.m.
9
9 Before:
10
10 HON. RICHARD J. SULLIVAN,
11
11 District Judge
12
12 APPEARANCES
13
13 PREET BHARARA
14 United States Attorney for the
14 Southern District of New York
15 ANDREW L. FISH
15 RICHARD TARLOWE
16 Assistant United States Attorneys
16
17 WILLIAM R. BARZEE
17 DAVID PETTUS
18 Attorneys for Defendant Zvi Goffer
18
19 MICHAEL S. ROSS
19 Attorney for Defendant Emanuel Goffer
20 Josephine Paz, Paralegal
20
21 WILSON, SONSINI, GOODRICH & ROSATI
21 Attorneys for Defendant Michael Kimelman
22 BY: MICHAEL S. SOMMER
22 MORRIS J. FODEMAN
23 SCOTT TENLEY
23
24 ALSO PRESENT: Special Agent Matthew Thoresen, FBI
24 Gary Smith, Paralegal, U.S. Attorney’s Office
25
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
97
15I3GOF4 Opening – Mr. Sommer
1 (In open court; jury not present)
2 THE COURT: Let’s see if the jury is ready.
3 (Jury present)
4 THE COURT: We will now hear from Mr. Sommer on behalf
5 of Mr. Kimelman.
6 MR. SOMMER: Good afternoon. One more lawyer.
7 Michael Kimelman has pleaded not guilty to the charges against
8 him for one simple reason: He is not guilty. And we can stay
9 here for five weeks, or five months, and the government will
10 never be able to prove to you beyond a reasonable doubt that
11 Michael is guilty of either securities fraud or conspiracy to
12 commit securities fraud, because of the simple truth that
13 Michael Kimelman never knew about any insider. He never traded
14 stocks on the basis of inside information, and never agreed to
15 be part of any criminal conspiracy. He never bribed anyone, he
16 never made millions of dollars, he never paid for tips, he
17 never pretended about anything, he never lied about anything.
18 That is what the evidence in this courtroom will show
19 with respect to Michael Kimelman.
20 The presumption of innocence which Judge Sullivan has
21 already described to you is more than a phrase that we’ve all
22 heard in a movie or read in a book. It is the bedrock of our
23 justice system. It is the bedrock principle that protects all
24 of the citizens of this country — you and me — from unjust
25 government prosecutions. It is the principle that will
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300

 

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