There were five motions on the table today for the Judge to decide the Defense did not get the big one a MISTRIAL even though another Govt witness fabricated some of their testimony (BREYER).
Lets see how closing arguments go Monday.
Archive for the ‘quotes’ Category
Off Day #5- Motion Day- The Defense Did not get a Mistrial….some small wins though…
On March - 19 - 2010
Day 10 – Atty Neal – “A big fat zero correct?”
On March - 9 - 2010
Defense attorney Neal begins is cross examination of Cudgma by asking, “so for millions of dollars of stock options you had granted to you, you never actually exercised any of the correct?” Answer, “no”. “So to be clear, that’s a big fat zero correct?” Answer by Cudgma, “yes”.
Day 10 – “A bigger desk is just a bigger mess!” says judge
On March - 9 - 2010
When Kilgannon makes the remark under his breath that he needs a bigger desk to hold all the evidence documents, the judge volleys back… “A bigger desk is just a bigger mess. I can attest to that” and the courtroom erupts in laughter.
Day 9 – Pros. Anderson – A quote
On March - 8 - 2010
A quote shared by the prosecution… “Now all we have to do is focus and execute, we are all the masters of our destiny.” -Greg Reyes to his employees … How inspiring, truly.
Day 8: Atty Neal- Miotti is a “Gray Area”
On March - 4 - 2010
Atty Neal speaks hypothetically, “Assuming those grants were backdated (which Miotti stated they were), shouldn’t there have been an compensation expense charge?”
Miotti: “Yes.”
Atty Neal: ” KPMG signed off on the APB 25 which did not have an expense charge.”
Miotti: “Well, it wasn’t needed.”
But, you said they were Miotto, didn’t you?
This testimony is truly exhausting.
Atty Neal discuses what APB does NOT show.
On March - 1 - 2010
Atty Neal asks, “When looking at numbers- you cannot tell if a company has outstanding “in the money options”… APB numbers don’t tell you that, right?”
CFO answer, “I believe you’re correct.”
KPMG’ s responsibility as an auditor.
On March - 1 - 2010
CFO Deranleau compares the responsibility of KPMG and Brocade and states that “Under professional standards, it is the obligation of a company to provide financial statements but it is the auditor’s responsibility to pursue areas of investigation.”
“it’s not illegal if you don’t get caught”
On February - 24 - 2010
Tgain the question of Weaver hearing Greg Reyes say “it’s not illegal if you don’t get caught” comes into question. She claimed that she was was intimidated by Reyes and so she didn’t tell anyone at the company. Upon cross examination she again admitted she had no idea what subject in particular he was talking about.
Even the lawyers on the board knew about the backdating process
On February - 23 - 2010
“Larry Sonsini, and the audit committee, and the directors of this company, knew backdating was taking place” said Stephen Neal with regards to the fact that Larry Sonsini who was a lawyer himself, and sat on the board of directors at Brocade… knew about the backdating procedure.
You are the backbone of this case
On February - 22 - 2010
“You are the backbone of this case” – Judge Bryer to the jury
