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Case 1:03-cr-10220-NMG Document 433 Filed 02/21/08 Page 1 of 154

UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF MASSACHUSETTS

Criminal Action No. 03-10220-MEL

)
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. )
) Day Seven of Jury Trial
SEAN BUCCI and CATHERINE )
BUCCI, )
)
Defendants. )
)

BEFORE: The Honorable Morris E. Lasker,


Senior District Judge

John J. Moakley United States Courthouse


Courtroom No. 8
One Courthouse Way
Boston, Massachusetts 02210
Friday, February 23, 2007
9 a.m.

Marcia G. Patrisso, RPR, CRR


Official Court Reporter
John J. Moakley U.S. Courthouse
One Courthouse Way, Room 3510
Boston, Massachusetts 02210
(617) 737-8728

Mechanical Steno - Computer-Aided Transcript

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1 APPEARANCES:

2 UNITED STATES ATTORNEY'S OFFICE


By: Peter K. Levitt, Assistant U.S. Attorney
3 John Joseph Moakley Federal Courthouse
One Courthouse Way
4 Boston, Massachusetts 02210

5 - And -

6 U.S. DEPARTMENT OF JUSTICE


By: John P. McAdams, Esq.
7 601 D Street NW
Washington, D.C. 20004
8 On Behalf of the Government

9 FEDERAL DEFENDER'S OFFICE


By: Catherine K. Byrne, Esq.
10 Stylianus Sinnis, Esq.
408 Atlantic Avenue - Suite 328
11 Boston, Massachusetts 02210
On Behalf of the Defendant Sean Bucci
12
DENNER PELLEGRINO, LLP
13 By: Robert S. Sinsheimer, Esq.
Nicole Bonasera, Esq.
14 4 Longfellow Place - 35th Floor
Boston, Massachusetts 02114-1634
15 On Behalf of the Defendant Catherine Bucci

16

17

18

19

20

21

22

23

24

25

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1 I N D E X

2
DIRECT CROSS REDIRECT RECROSS
3

4 WITNESSES FOR THE


GOVERNMENT:
5
LEIGHA A. GENDUSO
6
By Mr. Sinsheimer 6 61
7 By Mr. Levitt 53

8
DAVID LAJOIE
9
By Mr. McAdams 64 89
10 By Mr. Sinsheimer 78

11
GREGG WILLOUGHBY
12
By Mr. Levitt 96
13 By Mr. Sinnis 100

14
WITNESSES FOR THE DEFENSE:
15
GREGG WILLOUGHBY
16
By Mr. Sinnis 111
17 By Mr. Sinsheimer 114

18
NOELLE A. BUCCI
19
By Mr. Sinsheimer 126
20 By Mr. McAdams 140

21

22

23

24

25

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1 E X H I B I T S

2 GOVERNMENT'S
EXHIBIT NO. DESCRIPTION FOR ID IN EVD.
3

4 No. 85 Certified notice of appearance of


Gary Zerola dated 6/5/03 64
5
No. 86 Certified notice of appearance of
6 Michael Natola dated 6/23/03 64

7 No. 102-A Revenue Agent Report Form 4549 69

8 No. 102-D Schedule of omitted income and


additional tax due and owing 69
9
No. 109 Peabody P.D. police report 103
10

11

12
Defendant No. 2
13 Exhibit No.

14
H Immunization Order dated 10/13/04 11
15
I-1 - I-3 Landolphi estate records 125
16
J and J-1 O'Connor estate records 125
17
L-1 - L-4 Marian Court College business records 125
18

19

20

21

22

23

24

25

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1 (The following proceedings were held in open

2 court before the Honorable Morris E. Lasker, United

3 States District Senior Judge, United States District

4 Court, District of Massachusetts, at the John J. Moakley

5 United States Courthouse, One Courthouse Way, Boston,

6 Massachusetts, on February 23, 2007.

7 The defendants, Sean Bucci and Catherine Bucci,

8 are present with counsel. Assistant U.S. Attorneys

9 Peter K. Levitt and John P. McAdams are present.)

10 THE CLERK: Counsel, your jurors.

11 (Jury in at 9:04 a.m.)

12 THE CLERK: Hear ye, hear ye, hear ye, all those

13 having business before the United States District Court

14 for the District of Massachusetts draw near, give your

15 attention, you shall be heard. Court is now in session.

16 THE COURT: Good morning, everybody.

17 VOICES: Good morning.

18 THE COURT: You may be seated. Thank you,

19 ladies and gentlemen of the jury, for being so prompt.

20 If they supplied me with gold stars, I would give each

21 of you one.

22 LEIGHA ANN GENDUSO, resumed

23 THE CLERK: I would like to remind the witness

24 she is still under oath.

25 THE WITNESS: Yes, sir.

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1 MR. SINSHEIMER: May I proceed, your Honor?

2 THE COURT: Yes, Mr. Sinsheimer?

3 CROSS-EXAMINATION

4 BY MR. SINSHEIMER:

5 Q. Good morning, Ms. Genduso.

6 A. Good morning.

7 Q. How are you?

8 A. Good.

9 Q. My name is Rob Sinsheimer. I'm going to ask you

10 some questions on behalf of Mrs. Bucci --

11 A. Okay.

12 Q. -- who you met sometime after you moved in with

13 Sean, right?

14 A. Yes.

15 Q. I want to begin by just helping the jurors

16 understand what I suggest are some key dates, okay?

17 A. Okay.

18 Q. Now, you say you met Sean around 2000 or 2001?

19 A. That's correct.

20 Q. You're not -- well, 2001 comes right after 2000. So

21 was it in 2000 or was it over the line into 2001?

22 A. I would say 2000, when I was working at

23 Scuttlebutts.

24 Q. You were working -- one thing that is clear is you

25 were working at Scuttlebutts --

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1 A. And he was dee-jaying.

2 Q. -- and he was dee-jaying? Okay.

3 Now, there was no question the year had changed into

4 2001 when you moved in?

5 A. Yes.

6 Q. Do you know the exact date you moved in?

7 A. Unfortunately, I don't recall.

8 Q. How long had you been dating by that time?

9 A. Before I moved in?

10 Q. Uh-huh.

11 A. I would say three, four months.

12 Q. Okay. June 4, 2003. That's a big day in your mind,

13 right?

14 A. Yes.

15 Q. That's the day of the arrest.

16 A. Correct.

17 Q. And it was also on that day that you took possession

18 of a box with approximately $275,000 in it?

19 A. Yes.

20 Q. September 17, 2003, was your first grand jury date,

21 true?

22 A. True.

23 Q. On that date you took the Fifth Amendment?

24 A. Yes, I did.

25 Q. Upon advice of counsel?

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1 A. Correct.

2 Q. Who you trusted?

3 A. Yes.

4 Q. Did a good job for you?

5 A. Well, let me just re-frame something. It wasn't

6 advice on counsel; it was advice on my own behalf. I

7 took that because I felt the need to.

8 Q. Because you knew you committed a bunch of crimes,

9 right?

10 A. No. Actually, because I was still seeing Sean at

11 the time and I didn't want anyone to get convicted of

12 anything.

13 Q. Sure. Including yourself. That's all I'm trying to

14 ask.

15 A. Oh, sure. But not just myself.

16 Q. Fine. Listen, I'll ask the questions, okay? If

17 they're not clear, you tell me.

18 A. Okay.

19 Q. I want to be as fair as I can be.

20 My question is: Among the reasons you took the

21 Fifth was to protect yourself, right?

22 A. Yes.

23 Q. Because it's a privilege against self-incrimination,

24 right?

25 A. That's correct.

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1 Q. You actually have to go in to the grand jury, right?

2 A. Yes.

3 Q. They -- it's not like you could just do this by

4 letter. They start to ask you questions, right?

5 A. Yes.

6 Q. And you say words to the effect -- I mean, we have

7 the exact transcript, but you say words to the effect:

8 I refuse to answer on the grounds that the answer to

9 this question might incriminate me --

10 THE COURT: Or "I decline."

11 MR. SINSHEIMER: Excuse me?

12 THE COURT: Or "I decline to answer."

13 BY MR. SINSHEIMER:

14 Q. Or "I decline." I'll do the exact words.

15 A. I respectfully decline to answer the question and

16 invoke my rights and privileges under the Fifth

17 Amendment of the United States Constitution.

18 Q. You've got that mantra down pretty good, don't you?

19 A. I do.

20 Q. Yeah. Then your lawyer obtained an immunity order

21 for you, right?

22 A. Yes.

23 Q. Which meant you couldn't be prosecuted at all for

24 anything you had done prior to the immunity order,

25 right?

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1 A. Correct.

2 Q. What you had to do was tell the truth in the future,

3 right?

4 A. Yes.

5 Q. The date -- we're talking about dates -- of the

6 immunity order is October 14, 2004, right?

7 A. I'm not sure.

8 Q. All right. Let's see. We had it marked yesterday.

9 THE COURT: I take it all you want to do is

10 specify what the date is?

11 MR. SINSHEIMER: I think we'd rather -- I'd like

12 to have it marked, assuming there's no objection.

13 MR. LEVITT: It's already marked. I just don't

14 remember what number it is.

15 MR. SINSHEIMER: I can pull that up if you give

16 me a second.

17 MR. SINNIS: It's not in evidence, though, is

18 it?

19 MR. LEVITT: It is. I believe it's in evidence.

20 It's Exhibit 82, and it should be --

21 MS. BYRNE: No. That's the grand jury -- that's

22 the --

23 MR. LEVITT: I'm sorry. No, the grand jury

24 compulsion order is not in.

25 MR. SINSHEIMER: Thank you. So may I approach,

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1 your Honor, please?

2 THE COURT: Yes.

3 BY MR. SINSHEIMER:

4 Q. I'm going to show you this document, Ms. Genduso.

5 You'd agree with me, would you not, that this is the

6 order that immunized you at the grand jury?

7 A. Yes, it is.

8 Q. And you'd agree with me also that the date is

9 October 13, 2004?

10 A. Correct.

11 MR. SINSHEIMER: And I'd offer this into

12 evidence, your Honor.

13 THE COURT: Received.

14 MR. SINSHEIMER: Thank you.

15 THE COURT: What number is it?

16 MR. SINSHEIMER: F, I think, but I'm not sure.

17 THE CLERK: If I'm right, it's Defendant's No.

18 2, and it would be H.

19 MR. SINSHEIMER: Well, I'll figure out what G is

20 in a minute.

21 THE CLERK: G is checked off but I don't know

22 what it is.

23 (Defendant No. 2's Exhibit H was received into

24 evidence.)

25 BY MR. SINSHEIMER:

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1 Q. So let's be clear now, again, because we're doing

2 dates. The bust: June 4, 2003, right?

3 A. Yes.

4 Q. You take the Fifth September 7th, a few months --

5 September 17th, a few months later?

6 A. Right.

7 Q. And you're finally immunized October 14, 2004, a

8 year and a month, approximately, after you take the

9 Fifth.

10 A. Yes.

11 Q. All right. And it's around that time, by the way,

12 that you break up with Sean, right?

13 A. Yes.

14 Q. Right around the time of --

15 THE COURT: Around the time of the immunity

16 order?

17 MR. SINSHEIMER: Yes, sir.

18 BY MR. SINSHEIMER:

19 Q. And incidentally, on June 4th Sean was arrested and

20 put in jail, right?

21 A. Correct.

22 Q. And then -- and you stayed there almost a year,

23 right?

24 A. Yes.

25 Q. And then he was released on some kind of bail or

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1 house arrest or something like that?

2 A. Yes, sir.

3 Q. And during that period you still considered yourself

4 his girlfriend, right?

5 A. Yes.

6 Q. You still lived in the home at Marshall Street,

7 right?

8 A. Correct.

9 Q. You still used the money from the money box for your

10 personal expenses?

11 A. Yes.

12 Q. All right. Now, do you remember exactly when you

13 broke up with him? Was there a specific date or event?

14 A. No, not specific.

15 Q. I understand you're now married.

16 A. Yes.

17 Q. Congratulations.

18 A. Thank you.

19 Q. When was the date of your wedding?

20 A. It was May of last year.

21 Q. May of '06?

22 A. Yes.

23 Q. And for how long had you been seeing the gentleman

24 that you married?

25 MR. LEVITT: Objection.

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1 THE COURT: Sustained.

2 MR. SINSHEIMER: May I come to sidebar?

3 THE COURT: No.

4 BY MR. SINSHEIMER:

5 Q. Was your breakup with Sean final in November 2004?

6 MR. SINSHEIMER: That's all I'm trying to get

7 at, your Honor.

8 A. Technically, I honestly think that our breakup was

9 final when I finally officially moved out of 23 Marshall

10 Street.

11 BY MR. SINSHEIMER:

12 Q. Okay. When was -- that's fair enough.

13 A. Thank you.

14 Q. And that was January or February 2005, right?

15 A. It was January or December, around that area.

16 Q. All right. And without getting into details,

17 sometime after that you met the gentleman that you

18 married?

19 A. Yes.

20 Q. And without getting into too much details, did you

21 have a period of time that one would call a courtship?

22 A. Yes.

23 MR. LEVITT: Objection, your Honor.

24 THE COURT: Sustained.

25 BY MR. SINSHEIMER:

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1 Q. Well, let me just try again. All I'm trying to find

2 out is, you have a happy marriage today?

3 A. Absolutely.

4 Q. You have nothing to do with Sean Bucci -- that's all

5 I'm trying to get at -- right?

6 A. No, nothing.

7 Q. And you have nothing to do with his mother?

8 A. No.

9 Q. And you've had nothing to do with either one of them

10 since you moved out in January 2005, right?

11 MR. LEVITT: Objection, your Honor.

12 Characterization. She said December-January.

13 MR. SINSHEIMER: Whatever. I'll withdraw it.

14 Good objection. I apologize.

15 THE WITNESS: Technically, as far as in terms of

16 speaking terms, I did have a few phone calls with Sean.

17 He would call me on my cell phone, and like I stated

18 before, as of yesterday the last time I spoke with him

19 was about a week or so before my last grand jury

20 appearance.

21 BY MR. SINSHEIMER:

22 Q. Let's back up. You moved out of the house, right?

23 A. Yes.

24 Q. And that's your final -- and please, again, you

25 don't have to volunteer anything. I'm going to ask you

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1 the questions.

2 A. Okay.

3 Q. And you move out, say, at the beginning of the year,

4 right?

5 A. Okay.

6 Q. Is that fair?

7 A. Yeah, absolutely.

8 Q. All right. You certainly never saw his mother again

9 after that --

10 A. No, sir.

11 Q. -- until yesterday.

12 Yesterday was the first time you laid eyes on her,

13 correct?

14 A. That's correct.

15 Q. Now, during the first few months of 2005, up to

16 July, you learned that you're going to have to come to

17 bat for the grand jury, right?

18 A. Yes.

19 Q. You've already been immunized, because again, that

20 was October '04, right?

21 A. Yes.

22 Q. So you know the day is coming unless the case gets

23 resolved, right?

24 A. That's correct.

25 Q. And at some point you told Sean Bucci you wanted him

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1 to plead guilty, right?

2 A. The day I went over to his uncle's house and him and

3 Darren Martin were there.

4 Q. All I asked you was: At some point you did that.

5 That's a true statement, isn't it?

6 A. I asked him to, yes.

7 Q. Thank you.

8 Now, the grand jury is July 28, 2005, correct?

9 THE COURT: Which one, the one she testified --

10 MR. SINSHEIMER: The one she actually testified

11 at.

12 THE WITNESS: Yes.

13 BY MR. SINSHEIMER:

14 Q. More than two years after Sean was arrested,

15 correct?

16 A. That's correct.

17 Q. All of which time you had access to the $275,000, at

18 least until you moved out of the house, right?

19 A. Until I moved out of the house because --

20 Q. All right.

21 A. -- when he was under house arrest, he got the money.

22 Q. Now, you were represented by counsel before the

23 grand jury?

24 A. Elliot Weinstein, to be exact, yes.

25 Q. And he's a terrific attorney, isn't he?

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1 A. Yeah, he's okay. He's good.

2 Q. You know he's good, right?

3 A. Yeah.

4 THE COURT: Is he as good as Mr. Sinsheimer?

5 MR. SINSHEIMER: No.

6 THE WITNESS: Absolutely not.

7 MR. SINSHEIMER: He's actually much, much

8 better, your Honor, and I'd be the first to say so.

9 BY MR. SINSHEIMER:

10 Q. In fact, because I -- let me make a point, though.

11 Sean paid for him, right, at the beginning?

12 A. Yes.

13 Q. But you know he was loyal to you and you alone. He

14 made a point of telling you that. "I represent you,"

15 right?

16 A. That's correct.

17 Q. And you liked him so much that when the feds came

18 looking for you recently you went back to him, right?

19 A. Yes.

20 Q. And you spent your own money, right?

21 A. Yes, I did.

22 Q. And the one thing that Mr. Weinstein made clear to

23 you in that period between the immunity order and the

24 grand jury is if you really have to go, this is the time

25 to tell the truth, right?

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1 A. He said that all along; correct.

2 Q. Over and over again, right?

3 A. That's right.

4 Q. Now, you went to the grand jury on July 28, 2005,

5 right?

6 A. Yes.

7 Q. And you knew at that time that you'd been a pot

8 dealer, right?

9 A. That's correct.

10 Q. And you knew at that time that you had helped your

11 boyfriend hide $275,000 in cold, hard cash, right?

12 A. Yes.

13 Q. And you also knew -- and by the way, you were the

14 person who named WhosARat.com, right?

15 A. I stated that yesterday.

16 Q. But I'm asking you again. Is that right?

17 A. Yes.

18 Q. I have a job to do, just like Mr. Weinstein, right?

19 A. Uh-huh.

20 Q. I'm here for her, right?

21 A. Yes.

22 Q. You understand that?

23 A. Yes.

24 MR. LEVITT: Objection, your Honor.

25 THE COURT: Sustained.

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1 BY MR. SINSHEIMER:

2 Q. You have respect for the defense function, correct?

3 MR. LEVITT: Objection, your Honor.

4 THE COURT: Don't argue with the witness.

5 BY MR. SINSHEIMER:

6 Q. Okay. You knew at the time you went to the grand

7 jury that you'd been a pot dealer, right?

8 A. Yes.

9 Q. You knew you'd helped hide $275,000, right?

10 A. Yes.

11 Q. You knew you cheated on your tax returns, right?

12 A. That's correct.

13 Q. And not just with the pot money, but with your

14 waitressing tips, which everybody does, but you knew you

15 did it?

16 A. I was just going to say everyone does that.

17 Q. Right.

18 A. Yes.

19 Q. But you did it?

20 A. Correct.

21 Q. Everybody does it, but not everybody's watched as

22 closely by the feds as you were at that time, right?

23 A. That's right.

24 THE COURT: She doesn't know that.

25 BY MR. SINSHEIMER:

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1 Q. Well, you knew you were being investigated, right?

2 A. Yes.

3 Q. Because you'd already been to the grand jury, right?

4 A. Yes.

5 Q. And you'd already had an order of immunity taken out

6 on your behalf, right?

7 A. Yeah, I just stated that.

8 Q. Right. So you knew that when you went to the grand

9 jury all you had to do to walk away from the whole thing

10 was tell the truth, right?

11 A. Yes.

12 Q. And you knew you were going to be asked as much or

13 more about the money than the pot, right?

14 A. That's correct.

15 Q. Because you knew that by that time Mr. Carbone had

16 flipped -- is that the right word?

17 A. Absolutely not. I had no idea Mr. Carbone,

18 quote/unquote, flipped during any of this pending --

19 Q. What's the word you'd use for "flipped"? "Rat"?

20 A. Whatever you would like to use, I'm fine with it,

21 but absolutely, without question, no, I did not know

22 that.

23 Q. You know now, right?

24 A. I've known as of yesterday; that's correct.

25 Q. Well, you knew at the grand jury they wanted to --

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1 they asked you questions -- it was Mr. Levitt, by the

2 way, right?

3 A. Yes.

4 Q. And he asked you questions --

5 A. At that time.

6 Q. -- about the money, right?

7 A. Yes.

8 Q. And you told the grand jury what happened to the

9 money, right?

10 A. Yes.

11 Q. Now, I guess we're going back to dates. That was

12 July 28, 2005, right?

13 A. Okay.

14 Q. And the next -- and you were interviewed under oath;

15 there was a stenographer there, right?

16 A. I do recall that, yes.

17 Q. You came into the grand jury; there were a bunch of

18 citizens sitting there watching you, right?

19 A. I'm pretty sure the same as today, right.

20 Q. It was different than today, right?

21 A. Correct. It was just a grand jury.

22 Q. There was no cross-examination, right?

23 A. No.

24 Q. Mr. Levitt was there, right?

25 A. Yup.

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1 Q. And there was another prosecutor there, right?

2 A. I don't remember, but possibly.

3 Q. There were federal government agents there, right?

4 A. Not in the room. I think they were outside.

5 Q. They were outside. Did they escort you there?

6 A. No.

7 Q. Did they escort you here today?

8 A. Yes.

9 Q. Now, the grand jury testimony runs approximately 62

10 pages, right?

11 A. I don't know, sir. Sorry. I've never actually

12 thoroughly read it. As of yesterday was the first time

13 I actually saw it.

14 Q. No one told you to read it to prepare for today --

15 or yesterday?

16 A. The grand jury testimony?

17 Q. Yes.

18 A. No.

19 Q. All right. The next time you were asked questions

20 about your pot dealing and money hiding and all that

21 stuff was January 2007. Just a few weeks ago, right?

22 A. Yes.

23 Q. And then you met with Mr. Levitt and the federal

24 agents at least three times, right?

25 A. Correct.

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1 Q. January 15th, right?

2 A. I believe it's all documented, yes.

3 Q. January 24th, right?

4 A. Approximate dates. I know it's documented, so I'm

5 going to go with yes.

6 Q. And February 5th, right?

7 A. Yes.

8 MR. SINSHEIMER: Judge, I have prepared a chalk

9 of some of these dates that I showed Mr. Levitt. He

10 objects, but I would like to put it up. It's just a

11 recapitulation of what she testified to on the dates

12 alone.

13 MR. LEVITT: I just think it's unnecessary, your

14 Honor. And the way she's been testifying, she's unclear

15 on dates. She's basically saying whatever he says.

16 THE COURT: If the witness can't remember, we'll

17 help her. But you don't need to do it now.

18 MR. SINSHEIMER: Judge, they've used chalks and

19 it's just to help clarify. It's one page. It's

20 strictly dates. And I'd suggest --

21 THE COURT: All right. Go ahead.

22 MR. SINSHEIMER: Thank you. It's just to

23 recapitulate.

24 BY MR. SINSHEIMER:

25 Q. Now, 2001 is when you moved in, right?

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1 A. Correct.

2 Q. June 4th is the bust, right?

3 A. Yes.

4 Q. September 17th, that's when you take -- that same

5 year, that's when you take the Fifth, right?

6 A. Yes, sir.

7 Q. Immunity October 14th, right?

8 A. Yes.

9 Q. Now, I put the breakup with Sean in November. If

10 that's my mistake, I apologize. But that's the date you

11 first told him you were breaking up, right?

12 A. It was the day that I told him that I was moving.

13 Q. And then you did move out subsequently?

14 A. Yes.

15 Q. By January?

16 A. Yes.

17 Q. Should I put January on there to --

18 A. It's up to you. It's your call.

19 Q. And then it has, "February: Moving out." That may

20 be a little off?

21 A. May be a little off.

22 Q. But it's roughly the time period?

23 A. Yes.

24 Q. And then the grand jury, July 28, 2005?

25 A. Correct.

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1 Q. And then the three recent interviews, right?

2 A. Right.

3 Q. January 15th -- all right.

4 Now, it was this period in here, right at the

5 beginning on this timeline, when you became a marijuana

6 dealer, right?

7 A. Correct.

8 Q. You'd already had experience with drugs, right?

9 A. Yes.

10 Q. But when you met Sean, you thought he was a dee-jay,

11 right?

12 A. I thought he was a dee-jay, and people said that he

13 flipped houses, so to speak.

14 Q. That's how you thought he got his money, right?

15 A. That's what I assumed. I didn't know technically.

16 Q. What attracted you to him?

17 MR. LEVITT: Objection, your Honor. This is

18 irrelevant.

19 THE COURT: I'm sorry. I didn't hear the

20 question.

21 MR. SINSHEIMER: The question is: What

22 attracted him to her, or vice-versa?

23 THE COURT: Sustained.

24 BY MR. SINSHEIMER:

25 Q. Well, you liked him, right?

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1 A. Well, obviously, yes.

2 Q. You fell deeply, deeply in love with him, true?

3 MR. LEVITT: Objection, your Honor.

4 THE COURT: Well, you can ask if they had a

5 close relationship, but it's obvious they did.

6 THE WITNESS: Correct. It's obvious that I did,

7 sir.

8 BY MR. SINSHEIMER:

9 Q. People live together -- I want the record clear.

10 You fell in love with him, right?

11 A. Yes.

12 Q. But by February '03 even before he was arrested, the

13 relationship was starting to turn a little bit, right?

14 A. That's very much correct.

15 Q. Primarily because, I think you told us yesterday, he

16 had a problem, you thought, with gambling, right?

17 A. There were other issues involved as well, but that

18 was one issue.

19 Q. Well, you wrote down once that it was really

20 gambling that bothered you about him, right?

21 A. It was gambling that bothered me about him when we

22 went on vacations.

23 Q. Right. And another thing that bothered you was that

24 he was spending more and more time in Aruba?

25 A. Well, he was also planning to move to Aruba and I

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1 wasn't, so...

2 Q. You didn't want to move to Aruba?

3 A. No.

4 Q. So the relationship was --

5 A. Rocky.

6 Q. -- rocky at that point in time?

7 A. Yes, sir.

8 Q. But that didn't stop you from dealing pot at that

9 point in time?

10 A. June 4, 2003, around the month of June, I don't

11 recall dealing any pot that month.

12 Q. Well, that month. I'm talking about that period --

13 let's say winter-spring '03 you were still a pot dealer,

14 right?

15 A. Winter '03. But you were just talking about spring

16 '03 when we were having the rocky problems in our

17 relationship, which is totally...

18 Q. Well, you were expanding the pot-dealing

19 relationship franchise out to Worcester, right?

20 A. Yes.

21 Q. Taking a few pieces and making a little profit of

22 your own, right?

23 A. That's correct.

24 Q. Because you'd grown up in the Worcester area, right?

25 A. Yes.

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1 Q. You had some contacts in the Worcester area, right?

2 A. I stated that before; yes.

3 Q. Now, you didn't spend -- during these same

4 pot-dealing years you didn't spend very much time at all

5 with my client, Ms. Bucci, did you?

6 A. Not at all.

7 Q. You didn't care for her, frankly, did you?

8 A. We didn't care for each other.

9 Q. All right. She was, in a way -- I don't mean

10 formally and legally -- like your mother-in-law, in a

11 sense?

12 A. No.

13 Q. Well, she was the mother of the guy you were living

14 with, obviously?

15 A. Right.

16 Q. Now, let's go back to the grand jury, okay? There's

17 four times on this chalk where you -- at least where you

18 spoke with government agents in one form or another:

19 The last was the grand jury and the three recent

20 interviews, right?

21 A. Step back a little bit. Grand jury you're saying I

22 spoke with agents?

23 Q. Well, Mr. Levitt was questioning you under oath.

24 A. Right. The prosecutor, not agents.

25 Q. Fair enough. But the grand jury was the only one of

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1 those that was taken down word for word, right?

2 A. I do believe the pretrial interviews from the

3 paperwork that I saw yesterday that the other defense

4 lawyer showed me was basically word for word.

5 Q. Well, the difference is, at the pretrial interviews

6 you were meeting in a room with Mr. Levitt and federal

7 agents alone, right, or with your attorney? The first

8 time your attorney came, right?

9 A. Yes.

10 Q. Then you didn't need him anymore, right?

11 A. Right.

12 Q. Because you felt comfortable with Mr. Levitt and Mr.

13 Willoughby, right?

14 A. That's correct.

15 Q. But at the grand jury there was actually someone

16 taking it down word for word, right?

17 A. Sir, are you saying they didn't write things down

18 word for word?

19 Q. I'm saying there wasn't a stenographer. I'm just

20 asking you if that's true or not.

21 A. That's correct.

22 Q. Now, at the grand jury you told those folks a very

23 different story about June 4th than you told these folks

24 yesterday, true?

25 A. True.

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1 Q. You were asked at the grand jury where you took the

2 money, right?

3 A. Yes.

4 Q. And you said you took it to his, meaning Sean

5 Bucci's, mother's house, right?

6 A. During my grand jury testimony?

7 Q. Yeah.

8 A. That's correct.

9 Q. And you were asked if Sean told you where to bring

10 the box, and you said no, he didn't, right?

11 A. Correct.

12 Q. Then you were asked: You made the decision to bring

13 it to his mother's house, right? That was the question.

14 A. That I made the decision to bring it to his mother's

15 house?

16 Q. Yes.

17 A. Yes.

18 Q. Do you remember exactly word for word, as taken

19 down, what your answer was?

20 A. Just like I stated before. I never had the

21 privilege of reading the grand jury until yesterday.

22 MR. SINSHEIMER: May I approach, your Honor?

23 THE COURT: Yes.

24 BY MR. SINSHEIMER:

25 Q. Let me show you this document, ma'am. Do you agree

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1 these are your grand jury minutes, right?

2 A. Uh-huh.

3 Q. "July 28, 2005, Leigha Ann Genduso sworn at 1:49

4 p.m.," right?

5 A. Yes.

6 Q. "Examination by Mr. Levitt," right?

7 A. Uh-huh.

8 Q. And these are 62 pages, right?

9 A. Yes.

10 Q. On or about page 18 or so, or somewhere earlier in

11 the deposition -- in the transcript, you had some

12 concern about perjury, right?

13 THE COURT: About what?

14 MR. SINSHEIMER: Perjury.

15 BY MR. SINSHEIMER:

16 Q. Do you remember that?

17 A. Yes. We went over it yesterday, actually.

18 THE COURT: Are you --

19 BY MR. SINSHEIMER:

20 Q. I know we did, but I want to ask my own questions.

21 THE COURT: Are you asking her whether she said

22 something about --

23 MR. SINSHEIMER: I'm going to get to that, your

24 Honor. I just want to back up for one second.

25 BY MR. SINSHEIMER:

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1 Q. And Mr. Levitt made you comfortable about that,

2 right, without getting into the exact language, right?

3 A. Yes.

4 Q. All right. Then you were asked after that, "You

5 made the decision to bring it," referring to the money,

6 "to his mother's house." Bottom of page 39.

7 THE COURT: It's confusing. Would you read

8 question, answer?

9 MR. SINSHEIMER: I would like to have her read

10 the answer, with the Court's permission.

11 THE COURT: No.

12 MR. SINSHEIMER: All right. That's how --

13 BY MR. SINSHEIMER:

14 Q. "QUESTION: You made the decision to bring it to his

15 mother's house?"

16 Is that the right question?

17 A. Yes.

18 Q. And the answer: "I didn't know what was going on.

19 I didn't know what to do. I tried to contact him via

20 cell phone. He wasn't answering, so I went to his mom's

21 house praying that they weren't home, and thankfully,

22 they weren't. And I walked into their house and I put

23 it in the closet without their knowledge of it at the

24 time."

25 Did I read that right?

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1 A. You most certainly did.

2 THE COURT: We'll rely on your representation.

3 BY MR. SINSHEIMER:

4 Q. You were praying that they weren't home, right?

5 A. Right.

6 Q. And you were thankful to the Lord above that when

7 you got there they weren't home?

8 THE COURT: You don't need to shout.

9 MR. LEVITT: Your Honor, this is --

10 MR. SINSHEIMER: Judge, I'm actually a little

11 hard of hearing. Sometimes I do that.

12 THE COURT: So am I, and I can hear you.

13 (Laughter in the court.)

14 BY MR. SINSHEIMER:

15 Q. You were thankful, right? That's what you said.

16 A. If you would like to ask me why I didn't --

17 Q. No. No, ma'am, please, I would like to ask you the

18 questions that I'm entitled to ask you on behalf of my

19 client, okay?

20 A. Okay. Just checking.

21 Q. Do you have it in for her today or not?

22 A. Excuse me?

23 Q. Do you have it in for her today or not?

24 A. Do I have it in for her?

25 Q. Yeah.

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1 A. No.

2 Q. Then why did you change your story yesterday? Why

3 did you try make it sound like she knew it when you knew

4 that she didn't?

5 MR. LEVITT: Objection, your Honor. This is not

6 consistent with the testimony whatsoever on direct.

7 THE COURT: Exactly.

8 MR. LEVITT: Exactly.

9 BY MR. SINSHEIMER:

10 Q. Well, you told some story about her being surprised

11 yesterday?

12 A. Well, sir, she knew about the safes downstairs in

13 the basement.

14 Q. Later on, right?

15 A. Later on? No. Sorry.

16 Q. We're talking now about the money box that has

17 $275,000 that you squired out of 23 Marshall Street on

18 the day your boyfriend was arrested, right?

19 THE COURT: We understand that.

20 BY MR. SINSHEIMER:

21 Q. All right. And you bring it to the mother's house,

22 right?

23 THE COURT: You mean that's what she said before

24 the grand jury?

25 MR. SINSHEIMER: I'm just bringing her through

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1 now.

2 THE COURT: It's not clear as to whether you're

3 asking her what she said to the grand jury or you're

4 asking her what she's saying now.

5 MR. SINSHEIMER: I would like the truth without

6 anything in front of her.

7 BY MR. SINSHEIMER:

8 Q. You brought it to the mother's house, right?

9 A. I brought it to the mother's house at 4 Loris

10 Road --

11 Q. Right. That was the question. And no one was home,

12 right?

13 A. That is very much correct.

14 Q. Now, at the grand jury you were asked when you took

15 it out of the mother's house, right?

16 A. Yes.

17 Q. Yesterday you told us it was a month later, right?

18 A. When I took it out of the mother's house?

19 Q. Yes.

20 A. Oh, no. Absolutely not. You're getting words mixed

21 up now.

22 Q. Maybe.

23 In any event, at the grand jury you told them that

24 you took it out of the mother's house the very same day.

25 A. That is correct. The very same day, not a month.

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1 Q. And you were asked why you took it out the very same

2 day. Do you remember what your answer was?

3 A. I most certainly do.

4 Q. What was your answer?

5 A. Well, my answer, at least to this day, is because

6 most likely that the police were going to come and raid

7 the house.

8 MR. SINSHEIMER: May I approach, your Honor?

9 THE COURT: Yes.

10 BY MR. SINSHEIMER:

11 Q. Page 42, line 9. Starting -- let's start, just to

12 put it in context, back to page 41, line 24.

13 "QUESTION: Okay. Did you -- did he tell you to

14 move it anywhere else?"

15 And your answer: "Well, I did take it out of the

16 mother's house."

17 I read that right, right?

18 A. Yes, you did.

19 Q. "QUESTION: Where did you put it?

20 "ANSWER: Back in my trunk," right?

21 A. Right.

22 Q. "QUESTION: That same day or later?

23 "ANSWER: Yes.

24 "QUESTION: That same day?

25 "ANSWER: Yes," right?

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1 A. Yes.

2 Q. Now the question:

3 "QUESTION: And why did you do that?"

4 Do you see that?

5 A. Yes, I do.

6 Q. And your answer was, in its entirety, "Because I

7 didn't want his parents knowing what was going on,"

8 right? That's what it says?

9 A. Until they were home, yes.

10 Q. No. What it says -- why did you say that now? Did

11 you try to say that to burn Mrs. Bucci?

12 A. No, sir.

13 Q. Okay. Then let's answer my question which you know

14 I have a right to ask you, right?

15 A. Just like I have a right to answer, yes.

16 Q. No, the truth. All I'm asking you is what it says

17 on a piece of paper where you were under oath, right?

18 A. Right.

19 Q. You were sworn to tell the truth.

20 THE COURT: I think you should get farther away

21 from the witness.

22 THE WITNESS: Thank you, your Honor.

23 MR. SINSHEIMER: I backed up, Judge.

24 THE COURT: No. No, all the way down. All the

25 way down. Question her from the lectern. Question her

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1 from the lectern.

2 THE WITNESS: I already read it, sir.

3 THE COURT: Don't overdo it, Mr. Sinsheimer.

4 MR. SINSHEIMER: Thank you, your Honor.

5 THE COURT: You're welcome.

6 BY MR. SINSHEIMER:

7 Q. Your answer to the question "Why did you move the

8 money out?" was because you didn't want his parents

9 knowing what was going on, period. That's the answer on

10 line 9, page 42 of your July 28th, 2005, transcript,

11 right?

12 A. I just read it right here, yes. That's correct.

13 Q. Now, you told the folks yesterday it took you about

14 six months or so to learn that Sean was a pot dealer

15 after you moved in; is that right?

16 A. Estimated. I said -- I'm pretty sure I said between

17 three to six months.

18 Q. Well, you told the grand jury six months, right?

19 A. Oh, so now we're talking about the grand jury, not

20 yesterday?

21 Q. No. No, I'm asking you. Well, let me -- how

22 long --

23 A. You're confusing me, sir.

24 Q. Okay. I'll stop.

25 A. Thank you.

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1 Q. Just tell us how long it was before you learned he

2 was a pot dealer after you moved in.

3 A. All right. Let me rephrase that once again.

4 Q. Sure.

5 A. Estimated, three months. Let me remind you it was a

6 long time ago.

7 Q. Please don't remind me of anything. Just answer my

8 questions.

9 A. I just did, sir.

10 MR. LEVITT: Objection, your Honor.

11 Argumentative.

12 THE COURT: Sustained.

13 BY MR. SINSHEIMER:

14 Q. Let's just try to get a simple question. You didn't

15 know he was a pot dealer when you moved in, right?

16 A. That's incorrect. I never said that.

17 Q. When did you first learn he was a pot dealer?

18 A. Again, like I just said, it was around three months,

19 estimated, which was prior to my moving in.

20 Q. So you moved in knowing he was a pot dealer?

21 A. Yes, sir.

22 Q. There was a period of time when he was very

23 secretive, right?

24 A. Yes.

25 Q. In fact, he wouldn't even let you in the room when

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1 pot was being broken up, right?

2 A. I stated he wouldn't let me in the room when Anthony

3 Belmonte was coming in with shipments.

4 Q. And Anthony Belmonte, you know, was a major

5 supplier, right?

6 A. At the beginning I did not. That's the reason I was

7 in the bedroom.

8 Q. But then you became like a business partner, in a

9 way, right?

10 A. Define "business partner."

11 Q. I'll withdraw that question.

12 You became actively involved?

13 A. Yes.

14 Q. Now, at the same time you knew he was still pursuing

15 the disk-jockey business, right?

16 A. Yes.

17 Q. And you knew he made money as a disk-jockey, right?

18 A. Yes.

19 Q. And you knew he had business partners as a

20 disk-jockey, right?

21 A. That's correct.

22 Q. And you knew that they worked hard at it, right?

23 A. For a few days a week, yes.

24 Q. They put a lot of effort into that stuff, didn't

25 they?

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1 A. They spent a lot of money too, yes.

2 Q. I didn't ask you what they spent; I just asked you

3 whether they put a lot of effort into it, right?

4 A. Money's effort as well.

5 Q. I see. Money's effort?

6 A. It can be. Absolutely.

7 Q. Are you good at valuing money?

8 A. I guess.

9 Q. How much of the 275 grand did you use for yourself

10 at the time you had access to it?

11 A. I don't know. That's a good question.

12 Q. You never saw -- or rarely saw Ms. Bucci at 23

13 Marshall Street, right?

14 A. She'd come over once in a blue moon.

15 Q. Came to the Fourth of July parties, right?

16 A. Mr. Bucci came to the Fourth of July parties. I

17 don't recall if she was there or not.

18 Q. All right. When you say you don't recall, it

19 doesn't mean she wasn't there or you just don't remember

20 one way or another?

21 A. I definitely remember Mr. Bucci. I don't remember

22 her being present.

23 Q. All right. How big a party were the Fourth of July

24 parties regularly?

25 A. Big enough to have a North Reading police officer do

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1 detail.

2 Q. Who called the North Reading police officer to get

3 them involved?

4 A. Sean.

5 Q. How many cops came for the detail?

6 A. Just one.

7 Q. And how many -- and did the neighbors come?

8 A. Some came; some hated it.

9 Q. Some came; some hated it?

10 A. Yeah.

11 Q. Like any Fourth of July party?

12 And the ones who came, did they know Sean was a pot

13 dealer?

14 A. No.

15 Q. Of course not, right?

16 A. No.

17 Q. He was a big-time dee-jay, right?

18 A. Big time? No.

19 Q. Big enough to have a Fourth of July party with a

20 detail out front, a lot of folks from the neighborhood

21 hanging around, right?

22 A. That doesn't mean they knew his profession. No one

23 knew he was a dee-jay on our street.

24 Q. Well, no one knew he was a pot dealer either, right?

25 A. That's correct.

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1 MR. SINSHEIMER: May I see Exhibit 49, please, I

2 think it is --

3 THE COURT: Is that a government exhibit?

4 MR. SINSHEIMER: Yes, I'm sorry.

5 BY MR. SINSHEIMER:

6 Q. That's you, where, in Aruba?

7 A. I recall that being in Jamaica. Ocho Rios, to be

8 exact.

9 Q. Okay. And that's a marijuana bud?

10 A. That's correct.

11 Q. Do you know who took that?

12 A. Sean.

13 Q. Were you having fun that day?

14 A. It looks like it, yeah.

15 Q. Because until about February 2003 you enjoyed the

16 relationship, right?

17 A. Yes.

18 Q. You enjoyed the life you were leading, right?

19 A. To some extent.

20 Q. All right. And you knew all that time Mrs. Bucci

21 was living at Loris Road in Danvers, right?

22 A. Yes.

23 Q. She wasn't well off, right? You knew that.

24 THE COURT: She wasn't what?

25 BY MR. SINSHEIMER:

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1 Q. She wasn't well off.

2 A. Technically meaning what?

3 THE COURT: Do you know whether she was well off

4 or not?

5 THE WITNESS: Does that mean financially?

6 BY MR. SINSHEIMER:

7 Q. Yeah.

8 A. No, they weren't financially well off.

9 Q. You told us yesterday, I think, that Sean would tell

10 you: My parents are out of money, right?

11 A. Right.

12 Q. Right. They didn't have much of anything, right?

13 A. His father works at a liquor store.

14 THE COURT: Did you know what their assets were?

15 THE WITNESS: Do you mean, like, what they made?

16 MR. SINSHEIMER: I'll withdraw it in that form.

17 I'll withdraw it in that form. I understand your point.

18 BY MR. SINSHEIMER:

19 Q. You knew how they lived, right?

20 A. Yes.

21 Q. Sean put siding on the house one time for them,

22 right?

23 A. And windows.

24 MR. SINSHEIMER: Just a minute, your Honor,

25 please. One moment.

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1 (There is a pause.)

2 THE COURT: I'm always encouraged to see you

3 checking things off.

4 MR. SINSHEIMER: I'm going through it pretty

5 quickly, your Honor. One minute.

6 (There is a pause.)

7 BY MR. SINSHEIMER:

8 Q. Now, when you went back to get the money, Mrs. Bucci

9 wasn't home, right?

10 A. When I went back to get the box, you mean?

11 Q. Yeah, the box of money.

12 A. Yeah, I remember -- I recall her being home.

13 Q. You do?

14 A. I'm pretty sure.

15 Q. You're not positive?

16 A. Again, this was a long time ago, but from my

17 recollection she's the one who showed me where the safes

18 were.

19 Q. No, that was later.

20 A. I'm sorry?

21 Q. That was later. She showed you where the safes were

22 later, right?

23 A. I remember getting the box of money and the safes

24 the same day.

25 Q. You do?

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1 A. I do.

2 Q. Well, you told Agent Willoughby on January 15, 2007,

3 five weeks ago, that no one was home.

4 A. When I went to pick up the box?

5 Q. Yes. That's what you told him, right?

6 A. I'd like to see that, actually, in the

7 documentation.

8 Q. Well, without any paper in front of you, do you know

9 whether that's what you told him or not?

10 A. Again, sir, I'd like to see that in documentation,

11 because, do you know what? I have said a lot of stuff

12 in these last couple of weeks.

13 Q. You sure have.

14 A. I sure have.

15 Q. All right. Page 16, January 16th disclosure letter.

16 MR. SINSHEIMER: May I approach, your Honor?

17 THE COURT: Yes.

18 BY MR. SINSHEIMER:

19 Q. I have a document. That's your name on it, right?

20 A. Yup.

21 Q. It appears to be a fax, January 16th, right?

22 A. Yes.

23 Q. It says that "Ms. Genduso advised and made the

24 following statements during a January 15th, 2007,

25 interview." Do you see that?

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1 A. Yes, I do.

2 Q. That's on page 14, right?

3 A. Yes.

4 Q. And we turn and it's all your statements, right?

5 A. Yes.

6 Q. And on the top of page 16, first paragraph, it says:

7 "Ms. Genduso advised that she later returned to the

8 parents' house in a Columbo's car and got the money box

9 and put it in the car." Do you see that?

10 A. Yes.

11 Q. And then the very next sentence is: "No one was

12 home at the parents' house," right?

13 A. Yes.

14 Q. And that's consistent with what you told the grand

15 jury, right?

16 A. I don't recall.

17 Q. Well, we just went over that. You told the grand

18 jury you came back and you were happy that no one was

19 home and no one knew, right?

20 A. The grand jury -- I'm pretty sure I stated that when

21 I went to the house and put the box of money into the

22 closet, no one was home and I was happy.

23 Q. It also says that the reason you took it out was

24 because you didn't want the parents to know what was

25 going on, right? We just covered that, right?

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1 A. In the grand jury?

2 Q. Yeah.

3 A. No. We covered that when I went there to put the

4 money in the closet, no one was home.

5 Q. All right.

6 MR. SINSHEIMER: Grand jury, page 42, if I may,

7 your Honor.

8 BY MR. SINSHEIMER:

9 Q. "QUESTION: Did he tell you to move it anywhere

10 else?" Starting on page 41.

11 "ANSWER: Well, I did take it out of the

12 mother's house," right?

13 A. Yes.

14 Q. "Where did you put it?" Your answer: "Back in the

15 trunk," right?

16 A. Yes.

17 Q. "QUESTION: That same day or later?

18 "ANSWER: Yes."

19 A. Yes.

20 Q. "That same day?" "Yes," right?

21 A. Okay. But where's the -- this isn't correct.

22 Q. Wait. Wait. Wait.

23 "QUESTION: Why did you do that?

24 "ANSWER: Because I didn't want his parents knowing

25 what was going on," right?

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1 THE COURT: If it says it, it says it.

2 THE WITNESS: Yes.

3 BY MR. SINSHEIMER:

4 Q. Just to be clear now, what I was showing you a

5 minute ago, that was your testimony on page 42, July 28,

6 2005, right?

7 A. Yes.

8 Q. Well after you were immunized, right?

9 A. That's correct.

10 Q. And well after you knew your obligation was to tell

11 the truth, right?

12 A. Yes.

13 Q. And you told the same thing to Agent Willoughby

14 January 15, 2007, just six weeks ago, right?

15 A. Obviously I got it confused. My apologies.

16 Q. What you're confused about is where the money went,

17 right?

18 A. No. It went in Columbo's car's trunk.

19 Q. Where did you take it? How much did you take?

20 Where did it go? You tell us. Take as much time as you

21 want.

22 MR. LEVITT: Objection, your Honor. There's

23 like four questions there.

24 THE COURT: If she doesn't know, she doesn't

25 know.

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1 MR. SINSHEIMER: All right. I'll break it down.

2 MR. LEVITT: Your Honor, I object. The Court is

3 saying it's already been asked and answered.

4 MR. SINSHEIMER: I'll ask a different question,

5 if I may.

6 THE COURT: Let me hear it.

7 BY MR. SINSHEIMER:

8 Q. What kinds of stuff did you spend all that money on?

9 A. I'm pretty sure I stated that yesterday, sir.

10 Q. No, but that's okay. I'd like to ask it again.

11 A. Sure.

12 Q. I have my own client here. Just like Mr. Weinstein

13 represented you --

14 THE COURT: Stop talking so much. Go ahead.

15 THE WITNESS: Thank you, your Honor.

16 Wisdom teeth extraction, bills, mortgage, car

17 payments, possibly clothes, drinks. Anything else you

18 would like me to add?

19 BY MR. SINSHEIMER:

20 Q. What kind of clothes?

21 MR. LEVITT: Objection, your Honor.

22 THE WITNESS: It certainly wasn't Gucci, sir.

23 THE COURT: Sustained.

24 BY MR. SINSHEIMER:

25 Q. Now, you didn't care much for Miss Bucci, you told

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1 us that, and you say she didn't care much for you,

2 right?

3 A. That's correct.

4 Q. But you did spend some time with her, correct?

5 A. Yes.

6 Q. And you learned she was a very naive kind of person,

7 right?

8 A. She seemed more anxiety-stricken than naive.

9 Q. More anxiety-stricken than naive?

10 A. She was a very nervous woman. That's correct.

11 Q. Anxious?

12 A. Nervous. Don't put words in my mouth.

13 Q. Well, you said "anxiety," didn't you, a second ago?

14 A. Yes.

15 Q. And that's what you told the grand jury?

16 A. "Anxiety" isn't "nervous," in my definition, sir.

17 Q. And you told the jury she was anxiety-stricken,

18 right?

19 A. If you're saying that and it's documented, then I

20 must have, correct.

21 Q. And you also said she's kind of a very naive person

22 at the same time. Do you remember saying that?

23 A. No, I do not.

24 MR. SINSHEIMER: May I approach, your Honor?

25 BY MR. SINSHEIMER:

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1 Q. Page 60, line 25. I refer you to Catherine Bucci.

2 "I don't know. She's kind of a very naive person at the

3 same time. So like I said, we didn't have -- we never

4 talked. Like, I mean, she was just -- she's a very

5 anxiety-stricken woman, and I just really had nothing to

6 do with her, to tell you the truth," right?

7 A. Yes.

8 MR. SINSHEIMER: No further questions.

9 REDIRECT EXAMINATION

10 BY MR. LEVITT:

11 Q. Ms. Genduso, Mr. Sinsheimer was showing you a letter

12 that is dated January 16, 2007.

13 A. Yes.

14 Q. And that's addressed to the lawyers in the case. Do

15 you see that?

16 A. Correct.

17 Q. And just to be clear, that's signed by me?

18 A. Correct.

19 Q. And he was asking you to look at this part about

20 whether you brought the box to the house. You brought

21 the box to the house, correct?

22 A. Yes.

23 Q. Nobody was home?

24 A. No.

25 Q. And at some point you picked it up?

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1 A. Yes.

2 Q. And here you said -- you said what here?

3 MS. BYRNE: Page, please?

4 THE WITNESS: Page 16.

5 MR. LEVITT: Page 16.

6 THE WITNESS: This paragraph?

7 BY MR. LEVITT:

8 Q. You said that no one was home when you picked it up,

9 correct?

10 A. That's correct.

11 Q. And then what did you say about -- did you say you

12 went back to the parents' house?

13 A. Yes.

14 Q. "Ms. Genduso also returned to the parents' house to

15 tell Catherine Bucci what had happened"?

16 A. Yes.

17 Q. "Ms. Genduso advised that she told Catherine Bucci

18 that Sean Bucci had been arrested and told Ms. Genduso

19 to leave with a box full of money," correct?

20 MS. BYRNE: Objection, your Honor. He's reading

21 it and not asking the question.

22 MR. LEVITT: I'm doing just what defense counsel

23 did.

24 THE COURT: I'll allow it.

25 MR. SINSHEIMER: Yeah, but it's his witness.

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1 BY MR. LEVITT:

2 Q. And why don't you read that part to yourself.

3 THE COURT: You don't have to -- just ask her

4 what she did on that day, and if she can't remember, she

5 can refresh her recollection with the document.

6 BY MR. LEVITT:

7 Q. Do you recall what happened when you went back to

8 the house?

9 A. Yes. She alerted -- Mrs. Bucci alerted me that

10 there were safes in the basement.

11 Q. And you said that in here, correct?

12 A. I said it.

13 Q. And there was some confusion about how many times

14 you went to the house that day?

15 MS. BYRNE: Objection to leading, your Honor.

16 This is redirect.

17 THE COURT: Yes, it is redirect.

18 MR. LEVITT: I'm sorry. I didn't hear the

19 Court.

20 THE COURT: That's all right. Go ahead.

21 THE WITNESS: Could you repeat that, please.

22 BY MR. LEVITT:

23 Q. Did you have some confusion about how many times you

24 went to the house that day?

25 MS. BYRNE: Objection. Leading, your Honor,

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1 again.

2 THE COURT: Don't lead.

3 THE WITNESS: Yes, I did.

4 BY MR. LEVITT:

5 Q. How did Sean Bucci pay for that Fourth of July

6 party?

7 THE COURT: The Fourth of July party?

8 MR. LEVITT: Correct.

9 THE COURT: First of all, do you know how he

10 paid for it?

11 THE WITNESS: Yes, I do, sir.

12 THE COURT: Okay.

13 BY MR. LEVITT:

14 Q. I'm going to ask you first: What kind of stuff went

15 on at the Fourth of July parties? Can you describe it?

16 A. Tons of alcohol. We usually would have a band. One

17 time Mixed Nuts, which was a garden band, played; lots

18 of food: lobsters, steaks, things of that nature.

19 Q. And how did Sean Bucci pay for this?

20 A. With his own money; cash.

21 Q. And how was he making money during this time?

22 A. He was selling marijuana and dee-jaying.

23 Q. And how often was he dee-jaying?

24 A. It depends. Bay Bridge was Thursday nights, I do

25 believe; Scuttlebutts was the weekends.

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1 Q. And do you know how much he and his friends were

2 making a night?

3 A. I don't recall exactly. A couple hundred dollars,

4 if that.

5 Q. You mentioned that Mr. Bucci told you at one point

6 he was flipping houses?

7 A. Yes.

8 Q. Had you ever known him to have another house other

9 than 23 Marshall?

10 A. Yes, I did.

11 Q. Can you tell us about that?

12 A. It was in Topsfield, Mass.

13 Q. When was that in your relationship?

14 A. It was in the beginning.

15 Q. What did he tell you about that house?

16 A. That he bought it at an auction and he was going to

17 just resell it for more money.

18 Q. Mr. Sinsheimer was asking you about your grand jury

19 testimony when you said when you brought the money to

20 the house, you were glad the first time when you went

21 with the money his parents weren't home. Do you recall

22 that?

23 A. Yes.

24 Q. And you said you were glad they weren't home?

25 A. Correct.

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1 Q. You didn't want them knowing. Can you explain why?

2 A. I just didn't want to deal with them at the time.

3 Q. What were your concerns at this point when you're

4 driving around with that money in your car?

5 A. That I was going to get pulled over and arrested as

6 well.

7 Q. You mentioned you didn't know -- Catherine Bucci

8 didn't have much money. His parents didn't have much

9 money?

10 A. That's correct.

11 Q. How did you know that?

12 A. They never had new vehicles, new furniture. They

13 would ask Sean for things, you know, such as money once

14 in a great while, or things that they needed for the

15 house, like the siding, for example.

16 Q. Who would ask Sean for money?

17 A. His mom.

18 Q. Did Sean talk to you about that?

19 THE COURT: Be careful.

20 THE WITNESS: He stated before once, like, "I've

21 got to go drop some money off to my mom."

22 BY MR. LEVITT:

23 Q. Now, Mr. Sinsheimer asked you some questions about

24 when you went to see Sean Bucci before your second grand

25 jury appearance.

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1 A. Yes.

2 Q. Do you recall that? And asked you if you asked Sean

3 Bucci to plead guilty?

4 A. Yes.

5 Q. And you said you did. What did he say?

6 A. He said he's not going to, that he'll win the case,

7 and like I said prior to this, that no judge will put me

8 away for contempt for two years.

9 Q. How was your demeanor at that time?

10 A. I was crying my eyes out. I didn't want to go.

11 MS. BYRNE: Objection, your Honor.

12 THE COURT: Overruled.

13 MS. BYRNE: Your Honor, may we approach?

14 THE COURT: No.

15 BY MR. LEVITT:

16 Q. And what did he say about you testifying before the

17 grand jury?

18 A. He told me to take the Fifth again, and just don't

19 worry about it, that I'll go down to see the judge, and

20 like I said, no judge will put me away for a long period

21 of time.

22 Q. Ms. Byrne and Mr. Sinsheimer asked you about

23 WhosARat.com, and you said you came up with the name.

24 A. Yes.

25 Q. Can you describe your conversations with Sean Bucci

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1 leading to that?

2 A. From the get-go I disagreed with the whole idea. I

3 thought it was absurd. I thought, if anything, it was

4 going to get people a lot more upset in terms of --

5 MS. BYRNE: Objection, your Honor. This is not

6 her conversation.

7 THE COURT: Sustained.

8 BY MR. LEVITT:

9 Q. You said that you bought a computer with the money

10 from the money box, correct?

11 A. Two of them, actually.

12 Q. Why did you buy the second computer?

13 A. Because Sean got out on house arrest and wanted one

14 at his uncle's house.

15 MS. BYRNE: Objection, your Honor.

16 THE COURT: Overruled.

17 BY MR. LEVITT:

18 Q. So he asked you to buy another computer?

19 A. Yes.

20 Q. What did you use to buy that computer?

21 A. Cash.

22 Q. And did he use that -- where did the cash come from?

23 A. From the box of money.

24 Q. Did he use that computer to set up WhosARat.com?

25 A. Yes, he did.

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1 MR. LEVITT: Nothing else.

2 MS. BYRNE: Nothing further, your Honor.

3 THE COURT: All right.

4 MR. SINSHEIMER: Very quick.

5 THE COURT: I saw you hold up one finger.

6 MR. SINSHEIMER: One. Yes. One time.

7 RECROSS-EXAMINATION

8 BY MR. SINSHEIMER:

9 Q. Mr. Levitt asked you a minute ago about what you

10 were thinking about when you had the cash in the car,

11 right?

12 A. Yes.

13 Q. And I think you said you were scared you were going

14 to get pulled over and arrested, right?

15 A. That's correct.

16 Q. But nonetheless, the same day you took it to my

17 client's house, you took it away, right?

18 A. Yes.

19 Q. Even though you were scared you were going to get

20 arrested, you put it right back in the trunk of your

21 car, right?

22 A. I thought they were going to get --

23 Q. No.

24 A. -- searched.

25 Q. It's true: You put it right back in the trunk of

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1 your car, right?

2 A. And still scared, yes.

3 Q. And you were scared to death, right?

4 A. Both times.

5 Q. And brought it to Eric Carbone, right?

6 A. Northern Grind, yes.

7 Q. Because you knew he was Sean Bucci's childhood

8 friend, right?

9 THE COURT: We've been through all of this.

10 MR. SINSHEIMER: I'm just making it clear.

11 THE COURT: The jury is aware of the fact that

12 she was scared to death.

13 BY MR. SINSHEIMER:

14 Q. But took it away from my client's house nonetheless?

15 THE COURT: Sustained.

16 MR. SINSHEIMER: Thank you. Nothing else.

17 MR. LEVITT: Nothing else.

18 THE COURT: Thank you, ma'am. You're excused.

19 (The witness is excused.)

20 MR. SINNIS: May we approach, your Honor?

21 THE COURT: Yes.

22 (Discussion at sidebar and out of the hearing of

23 the jury.)

24 MR. SINNIS: I don't see any relevance in these

25 coming in.

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1 THE COURT: I don't know what I'm being asked.

2 MR. LEVITT: I'm sorry. I told Mr. Sinnis the

3 government is going to offer these; they were previously

4 disclosed. Their relevance is, it corroborates her

5 testimony. It's the initial appearance of Gary Zerola,

6 June 5, 2003, and certified --

7 THE COURT: What does this verify?

8 MR. LEVITT: It corroborates her testimony.

9 THE COURT: As to what?

10 MR. LEVITT: That she testified she paid Zerola

11 $50,000 out of the money box and told him to pay Natola

12 out of the money in the box as well.

13 MR. SINNIS: There's no dispute that Gary Zerola

14 and Mike Natola represented Sean Bucci. I don't think

15 there's any need to bring this in. The point isn't that

16 they were retained; the point is the changes in their

17 story about when she paid and who she paid and that

18 stuff. I don't see how this is relevant.

19 THE COURT: I think the government has a right

20 to try to show that their witness is telling the truth.

21 I'll allow it.

22 (In open court:)

23 MR. LEVITT: Your Honor, at this time I offer

24 Government Exhibit 85. This is the certified appearance

25 of Gary Zerola as attorney for Sean Bucci on June 5,

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1 2003; and Government Exhibit 86, which is the certified

2 notice of appearance of Michael Natola on June 23, 2003,

3 also as attorney for Sean Bucci.

4 THE COURT: Okay. Proceed. They're received.

5 THE CLERK: Government's Exhibit 85 and 86 are

6 marked and entered.

7 (Government's Exhibit Nos. 85 and 86 received

8 into evidence.)

9 MR. McADAMS: Your Honor, the government calls

10 Dave Lajoie.

11 DAVID LAJOIE, sworn

12 THE CLERK: Please be seated.

13 Give the Court your full name, spelling your

14 last.

15 THE WITNESS: David Lajoie, L-A-J-O-I-E.

16 DIRECT EXAMINATION

17 BY MR. McADAMS:

18 Q. Good morning, Mr. Lajoie.

19 A. Good morning.

20 Q. Where do you work?

21 A. I work for the Internal Revenue Service.

22 Q. And what is your position there?

23 A. Internal Revenue agent.

24 Q. And what are your duties and responsibilities as a

25 revenue agent?

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1 A. Well, I'm a member of the Special Enforcement Group

2 out of Boston. I'm assigned to the Worcester post for

3 duty. And our duties, we work grand jury investigations

4 along with IRS criminal investigators and Assistant

5 United States Attorneys.

6 Q. And in assisting the investigations, what role do

7 you play in that?

8 A. We do the tax accounting functions.

9 Q. You determine how much the tax due and owing might

10 be for a criminal case?

11 A. We do.

12 Q. Have you been present throughout this trial in the

13 courtroom?

14 A. Yes.

15 Q. And you've observed all the records that have been

16 introduced as evidence in this case?

17 A. I have.

18 Q. Have you reviewed those records?

19 A. Yes, I did.

20 Q. Have you heard all the testimony of witnesses?

21 A. I have.

22 Q. And you listened to all the stipulations that have

23 come in?

24 A. Yes.

25 Q. What is it that you understand your role to be here

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1 today in the courtroom?

2 A. To summarize the tax calculations.

3 Q. And the tax calculations with respect to Sean Bucci?

4 A. Yes.

5 Q. For what years?

6 A. 1998, 1999, 2000, 2001 and 2002.

7 Q. When you were reviewing records, did you review the

8 summary sheets that Special Agent Harriman prepared in

9 this case?

10 A. Yes.

11 Q. And did you compare those to the actual bank

12 records?

13 A. Yes, I did.

14 Q. I'd like to show you what's marked for

15 identification only Government's Exhibit 102-E.

16 THE COURT: What number?

17 MR. McADAMS: 102-E as in Eric.

18 BY MR. McADAMS:

19 Q. Do you recognize this?

20 A. Yes, I do.

21 Q. What is it?

22 A. It's the total deposits on all accounts: the Salem

23 Co-Operative Bank, the Warren Five, the Beverly

24 Co-Operative Bank, the SIS Family Bank and the First

25 Mass. Bank.

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1 Q. And who prepared this summary?

2 A. Excuse me?

3 Q. Who prepared this summary?

4 A. I did.

5 Q. And what did you base it on?

6 A. Deposits in each various account.

7 Q. So these are the total amount of deposits, by year,

8 for the five bank accounts that we've been dealing with

9 in this case?

10 A. It is.

11 Q. And from the period 1998 through 2003, what was the

12 total amount of money deposited in the five bank

13 accounts?

14 A. 809,219.

15 Q. Is that this figure here?

16 A. It is.

17 Q. Now, that $809,219, is that the amount you used to

18 determine the tax due and owing in this case?

19 A. It is not.

20 Q. Why not?

21 A. The years that I concerned myself with were the

22 years that we brought charges against: 1999, 2000, 2001

23 and 2002.

24 Q. So in other words, in this case the tax evasion

25 charges are for 1999, 2000, 2001 and 2002?

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1 A. Correct.

2 Q. And you only did tax calculations for those four

3 years?

4 A. Yes.

5 Q. I'd like to show you Government's Exhibit --

6 MR. McADAMS: If I may approach?

7 BY MR. McADAMS:

8 Q. -- Government's Exhibit 102-A. Have you seen that

9 before?

10 A. Yes, I have.

11 Q. And could you just flip through it and tell us what

12 it is?

13 A. It's a Revenue Agent Report Form 4549. It's a

14 last-year's program report that revenue agents use in

15 determining tax due and owing based on various

16 adjustments we make.

17 Q. Did you prepare this report in order to calculate

18 the tax loss in this case?

19 A. I did.

20 MR. McADAMS: Your Honor, I'd move Government's

21 Exhibit 102-A into evidence.

22 MR. SINNIS: No objection, your Honor.

23 THE COURT: Is that 102-A?

24 MR. McADAMS: 102-A as in Adam.

25 THE CLERK: Government's 102-A is marked and

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1 entered.

2 (Government's Exhibit No. 102-A was received

3 into evidence.)

4 BY MR. McADAMS:

5 Q. Is it fair to say this is an IRS form that you, as a

6 revenue agent, use to calculate the taxes?

7 A. Yes.

8 Q. Did you also prepare a sort of more simple version

9 of this form?

10 A. I did.

11 Q. I'd like to show you Government's Exhibit 102-D, as

12 in David, and ask you what that is.

13 A. That is a schedule -- simple schedule of the omitted

14 income and additional tax due and owing.

15 Q. So is it fair to say this is sort of a simpler

16 version of that IRS lengthy report you prepared?

17 A. It is.

18 MR. McADAMS: Your Honor, I'd move Government

19 Exhibit 102-D into evidence.

20 MR. SINNIS: No objection, your Honor.

21 THE COURT: Received.

22 THE CLERK: Government's Exhibit 102-D is marked

23 and entered.

24 (Government's Exhibit No. 102-D was received

25 into evidence.)

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1 BY MR. McADAMS:

2 Q. Mr. Lajoie, what method did you use to calculate the

3 tax in this case?

4 A. Method of proof was indirect method, bank deposits.

5 Q. And what does that mean?

6 A. Well, basically we look at the bank statements, any

7 bank document, we add up the deposits, then we remove

8 any things that are non-taxable or not income, like some

9 distribution from a bank that might be, like, from an

10 escrow payment because it's previously taxed income or

11 removed loans or things like that.

12 Q. Sir, you indicated this is an indirect method of

13 proof. What does that mean?

14 A. Well, we didn't have books and records.

15 Q. So you don't have all the information that you would

16 use to calculate a tax loss, say, in a full-blown audit?

17 A. Correct.

18 Q. And so this is -- the idea here is that you look at

19 the amount of money that's deposited in the bank account

20 and determine whether or not that's typical of income?

21 A. Yes.

22 Q. And so when you do that, do you give credit for

23 something that doesn't look like it would be income?

24 A. Yes.

25 Q. Okay. And did you do that in this case?

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1 A. I did.

2 Q. Now, on this chart, going by year, you have

3 categories here. What is "Income Reported Per Return"?

4 What does that mean?

5 A. Well, that's the income that Mr. Bucci reported on

6 his 1999 1040.

7 Q. So, for example, 1999, it was $9,101 reported on his

8 tax return?

9 A. Yes.

10 Q. And for 2000 it was $70,802?

11 A. Yes.

12 Q. And 2001 and 2002, did Mr. Bucci file tax returns?

13 A. He did not.

14 Q. And so that's why he reported zero?

15 A. Yes.

16 Q. These categories that you have for additional

17 unreported income for -- let's just go with 1999 for

18 now. $82,295, where does that figure come from?

19 A. Those are all cash deposits in the bank accounts.

20 Q. That's the total amount of cash deposits?

21 A. Uh-huh.

22 Q. Now, when you had that number there, did you do

23 anything to determine that, say, some deposits might not

24 be income?

25 A. Oh, the deposits in all cases were higher, but we

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1 removed the non-taxables or the -- what we couldn't

2 determine to be taxable income or taxable deposits.

3 Q. Can you tell me what you mean when you say you

4 "couldn't determine to be taxable income"?

5 A. There was a question that I had about what was

6 described as rents. I've seen some books. It could

7 have been, like, repayment of loans, rent or drug

8 purchases.

9 Q. Well, if it was rent, isn't that income and there's

10 tax due on it?

11 A. It is.

12 Q. But you didn't include it as taxable income here?

13 A. Correct.

14 Q. Why not?

15 A. It wasn't that much, and I wanted to present

16 strictly drug sales, drug amounts.

17 Q. So you wanted to take a conservative approach as to

18 what his income was?

19 A. Yes.

20 Q. And you only calculated income that appeared to be

21 deposits based on drug sales?

22 A. Yes.

23 Q. Now, if that -- if those deposits had come from some

24 other source, such as a business, would that also have

25 been included in your calculation?

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1 A. It would.

2 Q. Now, you have this figure here, "Total corrected

3 income, $91,396." What does that mean?

4 A. Well, that's just the income reported per return,

5 and the additional unreported income that we picked up.

6 And we just added both those amounts together.

7 Q. So you're just adding the income that he already

8 reported plus the income he didn't report?

9 A. Correct.

10 Q. And when you have "total corrected taxable income,"

11 what does it -- how do you figure out what that figure

12 is?

13 A. Well, in arriving at that amount, we allowed for

14 additional expenses.

15 Q. Like what?

16 A. Mortgage interest deduction, real estate --

17 Q. Did Mr. Bucci take mortgage interest deduction on

18 his tax return?

19 A. No, he did not.

20 Q. But you're giving him credit for it anyway?

21 A. I am.

22 Q. Why?

23 A. He paid it.

24 Q. And what did you determine -- what is this figure,

25 "Tax reported per return, 1999"? What does that mean?

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1 A. Well, Mr. Bucci on the return that he filed in 1999,

2 that was the total tax that he had computed per return.

3 Q. Okay. And "total corrected tax," what is that?

4 A. That is the corrected tax based on the total

5 corrected taxable income.

6 Q. And so where you have, "Additional unreported tax

7 due and owing," what does that number mean?

8 A. That's the difference between what he reported per

9 return and what was determined to be the correct tax due

10 and owing.

11 Q. So this is the amount of outstanding taxes owed for

12 1999 based on your conservative calculation?

13 A. It is.

14 Q. And did you conduct the same analysis with respect

15 to the other years?

16 A. Yes.

17 Q. Now, looking at, for example, the year 2002, you

18 have additional unreported income, $242,187. Where does

19 that figure come from?

20 A. That comes from bank deposits and several major cash

21 expenditures.

22 Q. Sir, what do you mean by "major cash expenditures"?

23 A. Well, I believe that includes a 35,900 some-odd cash

24 purchase of a Chevy Avalanche.

25 Q. So when you do the bank deposit analysis, are you

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1 accounting for any cash that might not actually get

2 deposited into the bank account?

3 A. Normally, no. This is the only instance. That and

4 another instance of cash that didn't go through the bank

5 account.

6 Q. So for example, 1999 -- just switching back to 1999

7 which we just discussed, if there were -- if Mr. Bucci

8 had cash available at his house or in his pocket or

9 whatever that he didn't deposit into the bank account,

10 how do you figure out what cash might be owed?

11 MR. SINNIS: Objection to leading, your Honor.

12 THE COURT: Overruled.

13 BY MR. McADAMS:

14 Q. So you would just assume he didn't have that cash

15 for tax purposes?

16 A. Well, I mean, if he deposited it and it went through

17 the bank account, you know, we can pick it up that way,

18 or if he spent it and we have a receipt showing he had

19 it and spent it, we'd pick it up that way.

20 Q. But you don't have a receipt to show that he spent

21 it; you just don't --

22 A. We don't know about cash we can't find.

23 Q. And so in the year 2002 --

24 THE COURT: How did you find out that he

25 purchased the car?

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1 THE WITNESS: I believe the automobile

2 dealership filed a form, like a CTR, because it was a

3 cash transaction in excess of $10,000.

4 THE COURT: I see.

5 BY MR. McADAMS:

6 Q. Were you present in the courtroom when records were

7 produced that showed a cash transaction for the purchase

8 of that from Chevrolet of Lowell?

9 A. I was.

10 Q. And did you observe the receipt for cash in the

11 amount of $35,901.95?

12 A. Yes.

13 Q. Is that why you included that in your calculation?

14 A. Yes.

15 Q. I'm going to show you what's been marked as

16 Government's Exhibit 102-C and ask you if you could just

17 explain what this is, briefly. Is this a form you

18 prepared?

19 A. It is.

20 THE COURT: It is what?

21 MR. McADAMS: 102-C.

22 THE COURT: You asked if it is what?

23 MR. McADAMS: A form he prepared.

24 BY MR. McADAMS:

25 Q. Can you explain briefly what it is?

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1 A. That is a computation of cash deposits, cash

2 attributed to Sean Bucci's direct benefit.

3 Q. So is this sort of like another backup summary that

4 you used to prepare the taxes?

5 A. It is.

6 Q. And pointing to the year 2002 where you have what

7 you describe as non-bank cash expenditures, there's two

8 items there. Can you explain, is this Chevrolet of

9 Lowell? Is that what you're referring to?

10 A. Yes, it is.

11 Q. You have another one there, "Mohegan Sun Casino,

12 purchased chips, cash." What does that mean?

13 A. I believe it was probably in the fall of 2002,

14 Mohegan Sun filed a CTR on Mr. Bucci in the amount of

15 $12,700, and it was for the purchase of chips.

16 Q. And that indicated that he had paid cash in that

17 amount to buy chips at the casino?

18 A. Yes.

19 Q. And so, therefore, that was cash that you could

20 actually trace being spent and you included in your tax

21 calculation?

22 A. Yes.

23 Q. What was the -- we already covered 1999 and we were

24 just discussing 2002. What did you determine was the

25 corrected tax for the year 2002?

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1 A. 65,219.

2 Q. And since there was no tax return filed that year,

3 is that also the figure that you concluded was the

4 additional tax due and owing?

5 A. Correct.

6 Q. And with respect to the year 2000, what amount did

7 you determine to be the additional tax due and owing?

8 A. $5,530.

9 Q. And when you calculated that, did you use the same

10 procedures that we've just discussed with respect to

11 1999 and 2002?

12 A. Yes.

13 Q. With respect to the year 2001, what amount did you

14 determine was the additional tax due and owing?

15 A. $14,157.

16 Q. And when you prepared that -- when you computed that

17 number, did you use the same procedures we just

18 discussed with respect to the other years?

19 A. I did.

20 MR. McADAMS: Thank you. I have no other

21 questions.

22 MS. BYRNE: No questions, your Honor.

23 MR. SINSHEIMER: I have a few.

24 CROSS-EXAMINATION

25 BY MR. SINSHEIMER:

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1 Q. Good morning, sir.

2 A. Good morning.

3 Q. I'm just going to ask you to help me clear up a

4 couple of things about Catherine Bucci, if I might.

5 MR. McADAMS: Objection, your Honor. Nothing on

6 direct examination dealt with Catherine Bucci at all.

7 THE COURT: Sustained.

8 MR. SINSHEIMER: There is. May I?

9 THE COURT: You have to ask him -- you have to

10 lay a foundation.

11 MR. SINSHEIMER: I'm going to. I was just doing

12 a little introductory.

13 THE COURT: This was not the subject of direct

14 examination.

15 MR. SINSHEIMER: I believe it was, your Honor,

16 and I can clear it up.

17 THE COURT: You can make him your witness, if

18 you want.

19 MR. SINSHEIMER: That's what I'm trying to do,

20 frankly. Do you mean I should call him?

21 THE COURT: Yeah.

22 MR. SINSHEIMER: Well, I -- I think the time to

23 do it is now, but I'm happy to do whatever the Court

24 wishes.

25 THE COURT: It's not what I wish. I don't make

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1 the rules. You can't cross-examine him about something

2 he didn't testify about.

3 MR. SINSHEIMER: He testified about this chart,

4 and I would certainly like to -- this is where it began.

5 Can I ask him a couple of questions about it?

6 THE COURT: Come up and explain to me what it is

7 you're trying to accomplish.

8 (Discussion at sidebar and out of the hearing of

9 the jury:)

10 THE COURT: Just a moment.

11 MR. SINSHEIMER: I understand.

12 THE COURT: As I see it, the only thing you can

13 ask him is -- this has nothing to do with Catherine

14 Bucci, does it?

15 MR. SINSHEIMER: Except that these bank accounts

16 are in her name, so I would like to go into a little

17 more detail about how he matched up the numbers, and

18 which were drug transactions and which weren't. And I

19 have an absolute right to do that.

20 THE COURT: If they're in her name, right.

21 MR. SINSHEIMER: Thank you. Thank you, your

22 Honor.

23 (In open court:)

24 MR. SINSHEIMER: Thank you very much, your

25 Honor. May I proceed? Thank you.

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1 BY MR. SINSHEIMER:

2 Q. Sir, this is the chart that you showed the folks at

3 the beginning of your exam with Mr. Levitt, 102-E,

4 right?

5 A. Yes.

6 Q. And if you look on the first date of 1998, there's a

7 total of 50,000, correct?

8 A. Yes.

9 Q. And the first three -- some of these accounts were

10 in my client's name, and you know that to be true,

11 correct?

12 A. Yes.

13 Q. For example, the Beverly Co-Op, which you showed

14 $12,674, that's in Mrs. Bucci's name, right?

15 A. It is.

16 Q. Now, let me just show you Exhibit 100-C, if I may.

17 MR. SINSHEIMER: Can everybody see that? I

18 don't know.

19 BY MR. SINSHEIMER:

20 Q. Well, first of all, for the record, this is 100-C,

21 correct?

22 THE COURT: It says so.

23 THE WITNESS: That's what it says.

24 BY MR. SINSHEIMER:

25 Q. And you recognize it, sir, as Catherine Bucci,

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1 Beverly Co-Op bank account, right?

2 A. Uh-huh.

3 Q. And you see on the left it's 1998, right?

4 A. Correct.

5 Q. And if you go to the end, the next page -- it's also

6 '98 -- that number, 12,674.09, that's the sum of all of

7 the deposits, right?

8 A. Uh-huh.

9 Q. And that's the exact same number that you have on

10 your summary chart, right?

11 A. Uh-huh.

12 Q. Right there. But that's not all drug money, right?

13 A. There are, I think, two deposits, cash deposits,

14 that went in there of almost $5,000, and the other one

15 is $3,000.

16 Q. Right. And so if we go back to this page, there's

17 the 5920.81, right?

18 A. Uh-huh.

19 Q. And there's the 3057.28, right?

20 A. Uh-huh.

21 Q. Those are the ones that you believe are drug money,

22 right?

23 A. Yes.

24 Q. In other words, for the purpose -- to be more

25 precise --

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1 MR. SINSHEIMER: Where's that second chart that

2 you had, Mr. Levitt?

3 MR. McADAMS: Which one?

4 MR. SINSHEIMER: The second one.

5 BY MR. SINSHEIMER:

6 Q. For the purpose of this document -- well, you didn't

7 even do '98 for this document.

8 A. Correct.

9 Q. So if we go back to this one, '99 in Beverly, you

10 show $21,314, right?

11 A. Uh-huh.

12 Q. And if we look at Exhibit 100-C again, it's the same

13 thing. This is 1999, right?

14 A. It is.

15 Q. And the bottom line on the next page, 21,314.06,

16 right?

17 A. Uh-huh.

18 Q. The end of the year. Most of those deposits appear

19 to be small, routine, family kind of deposits, correct?

20 A. I didn't see the whole --

21 Q. But you did when you prepared it?

22 A. That schedule just shows the total deposits of all

23 of the accounts.

24 Q. This one does?

25 A. During that period of time.

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1 Q. I don't want to bore anybody, but let's take it

2 slow. It shows 21,314 in 1999, right?

3 A. Uh-huh.

4 Q. And that account's in my client's name, right?

5 A. Yes.

6 Q. But some of the deposits are as small as $410,

7 right?

8 A. Yes.

9 Q. You don't know as you sit here whether that's her

10 paycheck or her husband's paycheck, do you?

11 A. No.

12 Q. You do know that that account existed for quite some

13 time before this case, right?

14 A. I'm not sure if it opened in '98. Early '98, I

15 think.

16 Q. But then in your '99 you've got these $9,000

17 deposits, right?

18 A. Uh-huh.

19 Q. And those are the ones that you treat, based on

20 everything you know today in 2007, as drug money?

21 A. Yes.

22 Q. All right. But as you sit here today, as a tax guy

23 in good faith, you don't know that's drug money, do you?

24 A. It's going to Sean Bucci's benefit.

25 Q. You're treating it for tax purposes, right?

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1 A. Yes.

2 Q. You don't know as you sit here where it came from

3 except for everything you've heard sitting in this whole

4 trial, right?

5 A. Correct.

6 Q. Now, let's go back to the big chart you put

7 together, the summary.

8 MR. SINSHEIMER: Can everybody see this?

9 BY MR. SINSHEIMER:

10 Q. The accounts that were in my client's name: Warren

11 Five, Beverly Co-Op, SIS Family Bank, right?

12 A. Yes.

13 Q. Okay. Now, in all of '98, $59,157, that's all that

14 went in, right?

15 A. That's all the total deposits for those --

16 Q. For those accounts, right?

17 A. Uh-huh.

18 Q. And clearly much of it was their family income, Bill

19 and Catherine Bucci's working income, right?

20 A. No. I think for those accounts, I think they ranged

21 from probably 61 percent to 70 some-odd percent cash --

22 significant cash deposits.

23 Q. But you don't know if she cashed a paycheck in

24 there?

25 A. I said it was a cash deposit.

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1 Q. No, these were the total deposits, right?

2 A. That's total deposits, yes.

3 Q. $59,157, right?

4 A. Uh-huh.

5 Q. '98. '99: 96,000, right?

6 A. Yes.

7 Q. But 50 of that is in the SIS Family Bank account,

8 correct?

9 A. Yes.

10 Q. Which was a new account that year, right?

11 A. I believe so.

12 Q. That's why it starts here, right?

13 A. Uh-huh.

14 Q. And you sat here, and as you told Mr. Levitt, you've

15 heard everything, right?

16 A. Yes.

17 Q. And you understood that that was an account that was

18 pretty much dedicated to the expenses of the Marshall

19 Street property, right?

20 A. I'd have to -- I can't say offhand right now.

21 Q. You don't remember that?

22 A. I think most of the properties at around that time

23 were for Marshall Street.

24 Q. So the other two accounts, 24 and 21, 41 grand that

25 Mr. and Mrs. Bucci had that year that you know of?

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1 A. Uh-huh.

2 Q. By the way, you never saw any other accounts in Mrs.

3 Bucci's name, did you?

4 A. Just those up there.

5 Q. Right. Now, then we get to 2000. We have First

6 Mass. checking and the SIS Family Bank, right?

7 A. Yes.

8 Q. And as far as you know, the SIS Family Bank pretty

9 much is still used as the dedicated expense account for

10 Marshall Street, right? It's coming back to you, right?

11 A. Yes.

12 Q. All right. And the big money, the 233 grand, that's

13 mostly the deposit from the sale of Alderbrook, right?

14 A. Yes.

15 Q. So my client had nothing to do on that. You're

16 clear on that, right?

17 MR. McADAMS: Objection to "nothing to do with

18 it."

19 THE COURT: Sustained.

20 BY MR. SINSHEIMER:

21 Q. It never went into my client's name, to the best of

22 your knowledge, as a tax investigator in any way, shape

23 or form, right?

24 A. What's the question again? I'm sorry.

25 Q. I'll try it again. I'm trying to go fast and I'm

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1 trying not to be confusing.

2 All I'm asking you to do is to acknowledge that

3 based on your expertise as a tax investigator, that that

4 number, $233,799, never went into my client's name in

5 any way to your knowledge?

6 A. I believe that was on the sale of the property in

7 Topsfield, Mass.

8 Q. Which was bought and sold by Sean Bucci?

9 A. Yes.

10 Q. And which went into an account in his name and his

11 name alone?

12 A. Yes.

13 Q. That's all I'm trying to say.

14 THE COURT: Okay.

15 BY MR. SINSHEIMER:

16 Q. And that would be true of the rest of the money on

17 that First Mass. checking account. That was Sean

18 Bucci's personal account, right?

19 A. Yes.

20 Q. Which he opened at around the time of the sale of

21 Alderbrook, right?

22 A. Correct.

23 Q. And now in 2001 there's hardly any deposits in my

24 client's account, right?

25 A. Correct.

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1 Q. Is that because you didn't look at them at all or

2 because they stopped altogether?

3 A. I think that $5100 amount was just a one-time cash

4 in and check out.

5 Q. That was for siding, right?

6 A. I'm not sure.

7 Q. You don't remember?

8 A. I don't remember.

9 Q. All right. You've been here all this time and paid

10 attention?

11 A. I've tried to.

12 MR. McADAMS: Objection, your Honor.

13 MR. SINSHEIMER: I know. I know.

14 BY MR. SINSHEIMER:

15 Q. Back to '98, real quick.

16 Never mind. I'm all done. Thank you.

17 MR. McADAMS: Just very briefly, your Honor, on

18 redirect.

19 REDIRECT EXAMINATION

20 BY MR. McADAMS:

21 Q. Mr. Lajoie, Mr. Sinsheimer was showing you this

22 summary that you did about the total deposits?

23 A. Yes.

24 Q. And he was pointing to 1998, which we discussed.

25 You didn't even calculate a tax for that year; is that

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1 correct?

2 A. No, I did not.

3 Q. But you did review tax records of Sean, and also

4 Catherine Bucci's tax returns?

5 A. Yes.

6 Q. And you pointed out that their total deposits in

7 Mrs. Bucci's accounts for '98 were $59,157?

8 A. Uh-huh.

9 Q. How much did Mrs. Bucci report on her tax return for

10 1998?

11 A. Of --

12 Q. Mr. and Mrs. Bucci, the parents.

13 A. Just his wages, and there may have been some minor

14 gambling winnings, but I think he had wages of

15 approximately $24,000.

16 Q. And did Mrs. Bucci report any income for herself?

17 A. She had not.

18 Q. And when you calculated this tax due and owing, were

19 you just trying to determine how much money Sean Bucci

20 owes on taxes that you, as an agent, viewed as income to

21 him for his benefit?

22 A. Yes.

23 Q. You weren't attempting to determine what taxes Mrs.

24 Bucci owed, if any?

25 A. No.

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1 MR. McADAMS: No other questions.

2 MR. SINSHEIMER: Nothing.

3 MR. SINNIS: Pass.

4 THE COURT: Thank you, sir.

5 THE WITNESS: Thank you.

6 (The witness is excused.)

7 MR. LEVITT: Your Honor, we have one additional

8 witness we'd like to be heard at sidebar on.

9 (Discussion at sidebar and out of the hearing of

10 the jury:)

11 MR. LEVITT: We want to re-call Special Agent

12 Willoughby. I asked to be heard at sidebar because I

13 know Mr. Sinnis objects. I want to call him on two

14 discrete points; it will take five minutes.

15 When Anthony Belmonte was on the stand, Mr.

16 Sinnis played a tape-recording of his meeting with

17 Matterford, and after the meeting there's a part where

18 Anthony Belmonte's talking to somebody recapping what

19 happened and saying, "You got my back" --

20 THE COURT: Saying what?

21 MR. LEVITT: "You got my back, though, right?"

22 Mr. Sinnis made a production of it at that time,

23 and I'm sure will be doing so in closing. It's leaving

24 a false impression with the jury, especially since Agent

25 Willoughby will testify that Anthony Belmonte was

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1 talking to him; he remembers the conversation and he was

2 speaking to Special Agent Willoughby. The

3 implication --

4 MR. SINNIS: That's not a problem.

5 MR. LEVITT: Okay. You don't have a problem

6 with me calling him to do that?

7 THE COURT: I can't hear you.

8 MR. SINNIS: I'm thinking, because I knew it was

9 Agent Willoughby, I wasn't going to make the -- because

10 he talks to Willoughby before that.

11 MR. LEVITT: But the impression was otherwise,

12 is my point.

13 THE COURT: You're saying he doesn't need to

14 call him or what?

15 MR. LEVITT: No. Because the impression with

16 the jury -- the impression was --

17 THE COURT: I know. I get it all.

18 MS. BYRNE: We could stipulate to that. We

19 don't need to call him.

20 MR. SINNIS: And what was the second point?

21 MR. LEVITT: The second point is evidence that

22 was seized from the house and the shotgun, and the

23 police report needs to come into evidence. So I would

24 have Agent Willoughby --

25 THE COURT: Can't you identify them?

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1 MR. LEVITT: Have they been identified?

2 THE COURT: Are you offering those or --

3 MR. LEVITT: I would be offering that --

4 THE COURT: Through him?

5 MR. LEVITT: -- through him, that he found the

6 shotgun on June 4, 2003. And the police report, it's --

7 MR. SINNIS: Well, here's -- on both points: We

8 obviously objected to the police report coming in; your

9 Honor has already overruled us on that with regard to

10 the shotgun, so...

11 MS. BYRNE: Not the police report coming in.

12 The evidence came in, but not the police report. The

13 police report hasn't gone into evidence, I don't

14 believe.

15 MR. SINNIS: Well -- Ms. Byrne, go on.

16 MS. BYRNE: Your Honor, I believe -- and I may

17 be wrong on this, but my recollection is that we

18 objected to the evidence of the shotgun coming in.

19 Inasmuch, the Court overruled us on that, the evidence

20 of that did come in through Ms. Genduso, that they had

21 made a false police report regarding the shotgun.

22 That's the end of the story on that, your Honor.

23 Obviously the police report about that doesn't

24 come in. There's no exception that would allow a police

25 report to come in. And a police report never comes into

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1 evidence, your Honor. So I think it's done. We're done

2 with that. We would object, obviously, to him

3 re-calling a witness to further testify about that now.

4 MR. LEVITT: It would be to certify a business

5 record, your Honor, and it comes in to corroborate her

6 testimony.

7 MS. BYRNE: There's case law directing on that.

8 I don't have the case cite right with me, your Honor,

9 but there's case law that implicates that -- the case

10 law is that is not a business record for purposes of the

11 exception.

12 THE COURT: The witness can offer it and I'll

13 rule on its admissibility, all right?

14 MR. LEVITT: The issue also is it's not being

15 offered for the truth of the matter asserted because we

16 know it's false, so it's not even hearsay.

17 THE COURT: I'm not prepared to rule on the

18 minutia of the legal aspects of it, but I'll allow you

19 to offer --

20 MS. BYRNE: But he doesn't need to call the

21 witness for that, your Honor.

22 MR. SINNIS: No. No. Ms. Byrne is right. If

23 your Honor is going to let it in at a later date, they

24 can just admit it as an exhibit.

25 THE COURT: I don't understand that that's the

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1 sole reason for calling the witness.

2 MR. LEVITT: No. The other one is -- there's

3 three things: There's his testimony who Anthony

4 Belmonte was talking to in that phone call, the seizure

5 of the shotgun records, and the police report.

6 THE COURT: I'll allow it.

7 MS. BYRNE: Your Honor, wait a second. Judge,

8 could we just have --

9 MR. SINNIS: Judge -- your Honor --

10 MS. BYRNE: Your Honor --

11 MR. SINNIS: -- I am also going to, just in

12 terms of trying to speed this up, I am -- once they

13 rested, I was going to re-call Agent Willoughby on one

14 single point of impeachment pertaining to something that

15 Mr. Wojciechowski denied telling him, and I was just

16 going to bring that in as a prior inconsistent

17 statement. And so I can either have them rest and then

18 re-call him or I can just do it now. It will be outside

19 the scope of what Mr. Levitt's going to do, but it will

20 just save time.

21 MR. LEVITT: I think it should be done on

22 direct, your Honor. You've been --

23 THE COURT: Yes.

24 MR. SINNIS: All right, fine.

25 (In open court:)

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1 MR. LEVITT: The government re-calls Special

2 Agent Gregg Willoughby.

3 THE CLERK: I'd like to remind the witness that

4 he is still under oath.

5 Please be seated.

6 THE WITNESS: Yes.

7 GREGG WILLOUGHBY, resumed

8 DIRECT EXAMINATION

9 BY MR. LEVITT:

10 Q. Special Agent Willoughby, were you here in the

11 courtroom when Anthony Belmonte was cross-examined by

12 Mr. Sinnis?

13 A. Yes, I was.

14 Q. Do you recall that Mr. Sinnis played a

15 tape-recording of a meeting between Anthony Belmonte and

16 Ken Madderford?

17 A. Yes, I do.

18 Q. And do you recall hearing at the end of that

19 tape-recording a portion where Anthony Belmonte had left

20 Mr. Madderford and was talking to someone?

21 A. Yes.

22 Q. Did it appear he was talking on the phone?

23 A. He was.

24 Q. And he recapped what happened in his meeting with

25 Madderford?

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1 A. Correct.

2 Q. And then he made a statement, "You've got my back,

3 though?"

4 A. Yes.

5 Q. Who was he talking to on the phone?

6 A. He was talking to me.

7 Q. Why?

8 MS. BYRNE: Objection, your Honor, to anything

9 more than that.

10 THE COURT: I will sustain the objection as to

11 why. You can ask what was said.

12 MR. LEVITT: Okay.

13 BY MR. LEVITT:

14 Q. And do you remember that conversation at the time?

15 A. I do.

16 Q. What did you take it to mean when he said, "You've

17 got my back?"

18 MS. BYRNE: Objection, your Honor.

19 THE COURT: You can ask what he said.

20 MR. LEVITT: Well, in terms of the state of

21 mind, your Honor.

22 THE COURT: I'm sorry?

23 MR. LEVITT: In terms of his state of mind.

24 MS. BYRNE: Objection, your Honor. What's the

25 relevance of that, your Honor? What he said, yes, but

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1 beyond that, no more.

2 THE COURT: First ask -- is it on the record as

3 to what he said?

4 BY MR. LEVITT:

5 Q. Do you remember what he said?

6 A. Yes, I do.

7 Q. What did he say?

8 A. He asked if I had his back. That was on the

9 recording.

10 MR. LEVITT: That's fine. I'll move on, your

11 Honor.

12 BY MR. LEVITT:

13 Q. In the search of 23 Marshall Street, did you find

14 any records regarding a shotgun?

15 A. Yes, we did.

16 Q. I show you Government Exhibit 65. Do you recognize

17 that?

18 A. Yes, I do.

19 Q. What is it?

20 A. I believe that was a receipt from the Sports

21 Authority showing that he had purchased a Mossberg

22 shotgun.

23 Q. And then there's something from the Department of

24 Massachusetts, correct?

25 A. Yes.

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1 Q. There was some kind of identification that he had a

2 right to carry a shotgun, right?

3 A. I believe there was an FID card as well, yes.

4 MR. LEVITT: The government offers Exhibit 65.

5 MS. BYRNE: Objection, your Honor.

6 THE COURT: I'll reserve decision.

7 MR. LEVITT: Actually, this is not the one that

8 you reserved decision on, your Honor.

9 THE COURT: If you don't mind, at the moment I'm

10 not clear what it's about, so I'll reserve decision.

11 MR. LEVITT: That's fine.

12 BY MR. LEVITT:

13 Q. So I'll show you what has been marked for

14 identification only as Government Exhibit 109.

15 MR. LEVITT: And I'll simply ask the witness,

16 your Honor, what it is.

17 THE COURT: All right.

18 BY MR. LEVITT:

19 Q. What is it?

20 A. It's a police report from the Peabody Police

21 Department.

22 Q. Okay. Concerning what?

23 A. A stolen firearm.

24 Q. From who?

25 A. Stolen firearm listing Sean Bucci.

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1 MS. BYRNE: Objection, your Honor. He's reading

2 from hearsay that he doesn't -- didn't write. He

3 doesn't know it.

4 THE COURT: He's identifying it.

5 MR. LEVITT: That's it, your Honor.

6 THE COURT: All right.

7 MR. LEVITT: And I'd move to admit both

8 documents. I understand the Court's reserved decision.

9 MR. SINNIS: We object, your Honor.

10 THE COURT: I'll reserve decision.

11 CROSS-EXAMINATION

12 BY MR. SINNIS:

13 Q. Belmonte wanted to know if you still had his back,

14 right?

15 A. He wanted to know if we were covering him as he was

16 waking away from there, yes.

17 Q. That's how you took that phrase?

18 A. Yes.

19 Q. You didn't take that phrase to mean, "I didn't get

20 anything out of Madderford; you still got me"?

21 A. No. He was under surveillance. We were watching

22 him walk away to make sure he got away safely.

23 Q. After hearing all the testimony in this case, who do

24 you think has the money?

25 MR. LEVITT: Objection. Beyond the scope.

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1 THE COURT: Sustained.

2 MR. SINNIS: No further questions.

3 MR. SINSHEIMER: Nothing, your Honor.

4 THE COURT: Thank you. You're excused, sir.

5 THE WITNESS: Thank you, your Honor.

6 (The witness is excused.)

7 MR. LEVITT: Your Honor, the government is

8 prepared to rest but would like time to simply go

9 through the exhibit list and make sure that there's

10 nothing that has not been admitted that we are seeking

11 to admit, and then I think we're prepared to rest.

12 THE COURT: Do you want to do that now or would

13 you like to take a break now?

14 MR. LEVITT: I'd like to take our morning break

15 at this time.

16 THE COURT: We'll take our morning break at this

17 time, ladies and gentlemen.

18 THE CLERK: All rise as the jury leaves the

19 courtroom.

20 (Jury out at 10:49 a.m.)

21 THE CLERK: This court is now in recess.

22 (There is a recess in the proceedings at

23 10:50 a.m.)

24 THE CLERK: Counsel, your jurors.

25 (Jury in at 11:15 a.m.)

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1 THE COURT: Thank you, everyone. Please be

2 seated.

3 MR. LEVITT: Your Honor, we just need to --

4 we're ready to close. We just have to resolve the issue

5 of these two documents, if we could approach sidebar.

6 THE COURT: Yes.

7 (Discussion at sidebar and out of the hearing of

8 the jury:)

9 MR. LEVITT: Your Honor, these, I don't think,

10 are in dispute. This is what was found in the search of

11 the house: It is a receipt showing that he bought a

12 shotgun. It says "home security." It was found in the

13 search.

14 MS. BYRNE: I don't have a problem --

15 MR. LEVITT: It corroborates the testimony of --

16 MS. BYRNE: I don't have a problem with that.

17 My objection is to this, your Honor.

18 THE COURT: All right. So let's get it on the

19 record. This is admitted without objection?

20 MS. BYRNE: This, though, your Honor, is pure

21 hearsay. It's the police report. There's no exception,

22 in my view, that allows it to --

23 THE COURT: What's it offered to prove?

24 MR. LEVITT: It's not true, so it's nothing

25 offered for the truth, so it's not hearsay. It

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1 corroborates the testimony of Leigha Genduso that, in

2 fact, they filed a police report, a false police report,

3 indicating that the firearm had been stolen. The

4 shotgun. So it corroborates, in fact, that there was a

5 shotgun.

6 MS. BYRNE: I object, your Honor. I think he's

7 put that into evidence; that's the evidence that the

8 jury has. But I object to the police report going into

9 evidence.

10 THE COURT: I think it's admissible, so I'll

11 allow it.

12 THE CLERK: What number is that?

13 MR. LEVITT: 109.

14 THE CLERK: 109 is marked and entered.

15 (Government's Exhibit No. 109 received into

16 evidence.)

17 (In open court:)

18 MR. LEVITT: Your Honor, with the admission of

19 these two documents, the government rests.

20 THE COURT: Ladies and gentlemen, the government

21 has just indicated, through Mr. Levitt, that they've

22 rested, which means they've completed the presentation

23 of their case-in-chief. And I have to discuss the legal

24 status of the case with counsel at this time. It will

25 take us only two or three minutes, maybe five at the

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1 most, but I do have to ask you to return to jury room.

2 THE CLERK: All rise while the jury leaves the

3 courtroom.

4 (Jury out at 11:18 a.m.)

5 THE CLERK: You may be seated.

6 THE COURT: Is Mr. Sinnis there?

7 MR. SINNIS: Yes, your Honor. Sorry.

8 THE COURT: Is it you or Ms. Byrne?

9 MR. SINNIS: Your Honor, at the close of the

10 government's case we'd be moving, pursuant to Rule 29,

11 for a directed verdict on all counts. I'd only like to

12 be heard on one count, which is the count regarding the

13 actual substantive money-laundering count. I believe

14 it's Count 5; I could be wrong.

15 And my argument there is a statute of limitation

16 argument which was the argument I made to your Honor --

17 THE COURT: Right.

18 MR. SINNIS: -- in preserving that issue. I

19 don't believe -- I don't believe the government at this

20 point actually, at the rest of their case, has made any

21 indication of proof that there was in effect the

22 limitations which would run from July 28 -- I'm sorry --

23 from July 27, 2000, when the deposit was made. This

24 indictment was handed down July 28, 2005, which is one

25 day after the running of the statute of limitations.

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1 And so we would argue that the government hasn't

2 met their burden on that issue, and we would ask your

3 Honor for a directed verdict.

4 THE COURT: I understand your position. Of

5 course I ruled on the motion earlier, but I understand

6 why you're raising it again.

7 MR. SINNIS: Thank you.

8 THE COURT: Mr. Levitt, do you want to make a

9 statement for the record?

10 MR. LEVITT: No, your Honor.

11 MR. McADAMS: Your Honor, I would just point out

12 that there was testimony from Special Agent Harriman

13 regarding -- based on his training and experience that

14 banks process checks subsequent to the deposit. There

15 were also receipts admitted into evidence which were

16 stamped "next-day transaction," and the actual deposit

17 tickets which were the deposit slips for the specific

18 transaction point, which the government has introduced

19 evidence on that point and met its burden.

20 THE COURT: On the basis of what the government

21 has pointed out as well as the points that I made in

22 disposing of the issue on an earlier motion, I'm denying

23 the present motion for acquittal.

24 Mr. Sinsheimer?

25 MR. SINSHEIMER: Your Honor, I presented a

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1 written Rule 29 motion that I gave to Mr. Howarth.

2 There's no memorandum; it's just to protect the record.

3 Judge, I don't think they proved conspiracy.

4 I'm not going to belabor it only because I'm familiar

5 with the fact that the Court has listened closely to the

6 evidence, the Court has discussed with me at some length

7 our proposed instructions which have raised some of the

8 same issues. But if you look at all the elements, I

9 don't think they've met -- I don't think they've proved

10 beyond a reasonable doubt anything other than my client

11 put a house in her name and -- that she may or may not

12 own; they used cash as a down payment which may or may

13 not have come from Sean Bucci in some or all; and that

14 some money that he may or may not have obtained from

15 drug transactions flowed through a bank account that she

16 had access to or that she had her name on for a very

17 short period of time eight years ago. That's what they

18 proved. That's not conspiracy. Thank you.

19 THE COURT: Mr. Levitt, do you want to answer?

20 MR. LEVITT: Just very briefly, your Honor. Of

21 course a conspiratorial agreement can be inferred from

22 circumstantial evidence, and there is a mountain of

23 circumstantial evidence in this case: the bank records

24 showing the money going through the account; there is

25 also false statements made on the mortgage statements

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1 saying that -- inflating their income, saying that she

2 was making $20,000 a year for four years at 911

3 Productions where her tax records show that she had

4 listed herself as a homemaker with no income whatsoever.

5 There's also the direct testimony, your Honor,

6 of the two bank tellers. You'll recall that Lynn Bodner

7 said that she spoke directly with Mrs. Bucci, and Mrs.

8 Bucci was arguing with her about the filing requirement;

9 the question of whether the bank had to report a -- if

10 the amount was not over $10,000.

11 THE COURT: Right.

12 MR. LEVITT: You'll recall -- and there was

13 direct testimony that she knew that the structuring --

14 that she was structuring. She knew what she was doing

15 was illegal.

16 There's also the testimony of the other bank

17 teller that the money smelled like marijuana, so, your

18 Honor, I believe there's --

19 THE COURT: I believe there's sufficient

20 evidence so that I must deny the motion and I do so.

21 MR. SINNIS: Before you re-call the jury, I'm

22 just asking your Honor how you want me to do this.

23 We've entered into a stipulation, and again it goes to

24 the statute of limitations and is simply preserving that

25 issue. The parties agreed -- I won't read it verbatim

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1 to your Honor, but basically that Mr. Bucci went into

2 the bank -- or someone went into the bank on July 27,

3 2000 -- and deposited the money or presented it for

4 deposit and that on July 28th the bank processed it.

5 So we have a stipulation as to what the witness

6 would say -- which is Heather Mellow -- instead of

7 calling her. I'm happy to read the entire thing. If

8 your Honor would prefer, we can just simply tell the

9 jury we've stipulated --

10 THE COURT: I don't see any reason to call a

11 witness --

12 MR. SINNIS: No, we're not calling. I'm asking

13 your Honor if you want me to read the entire thing into

14 the record in front of the jury or just simply admit it

15 as Stipulation No. 2.

16 THE COURT: It's not a question of preference on

17 my part. I think to protect yourself it's better to

18 read it.

19 MR. SINNIS: All right. Then we'll do that,

20 your Honor.

21 THE COURT: All right. Are you in a position at

22 the moment to estimate how much time you think the

23 defense testimony will take?

24 MR. SINNIS: On my side, your Honor, reading

25 that stipulation and seven questions of Agent

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1 Willoughby.

2 MR. SINSHEIMER: I think mine is going to be

3 only a half-hour.

4 THE COURT: In other words, it's likely we can

5 finish this morning?

6 MR. SINSHEIMER: I think so. I don't know how

7 long the cross will be. I can't imagine it will be

8 long.

9 THE COURT: Thank you. Would you re-call the

10 jury, please.

11 THE CLERK: Yes, I will, your Honor.

12 Counsel, your jurors.

13 (Jury in at 11:26 a.m.)

14 THE COURT: Welcome back. Please be seated.

15 All right. We're ready to hear -- the government has

16 rested its case and we're ready to hear the defendants.

17 Mr. Sinnis?

18 MR. SINNIS: Thank you, your Honor.

19 MS. BYRNE: Your Honor, before --

20 THE COURT: Ms. Byrne?

21 MS. BYRNE: Before we begin with witnesses, your

22 Honor, I would like to read a stipulation to the jury

23 that the parties have agreed on.

24 THE COURT: Let me make sure I understand. A

25 stipulation -- I think I ruled -- or explained this

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1 before, but at any rate, a stipulation is an agreement

2 by the parties as to certain facts.

3 MS. BYRNE: This is a stipulation of the parties

4 as to testimony of Heather Mellow. "The United States

5 of America and the defendants, Sean Bucci and Catherine

6 Bucci, through respective counsel, hereby stipulate and

7 agree that if called Heather C. Mellow would testify as

8 follows: Heather Mellow has been employed at TD

9 Banknorth as a customer service representative since

10 1995. TD Banknorth is the successor bank to" --

11 THE COURT: I'd suggest you read it a little

12 slower.

13 MS. BYRNE: "TD Banknorth is the successor bank

14 to First Massachusetts Bank. Mellow reviewed documents

15 related to a July 2000 deposit into Sean Bucci's First

16 Massachusetts Bank checking account 8240004593. The

17 documents reviewed by Mellow include an undated deposit

18 slip and two checks payable to Sean Bucci totaling

19 $222,179.88. The documents reviewed by Mellow also

20 include copies of the backs of the deposit slip and the

21 two checks. The deposit slip indicates the deposit was

22 made at the Middleton branch of First Massachusetts

23 Bank. The date stamp on the back of the deposit slip is

24 marked 7/28/2000 at 1430, which means 2:30 p.m.

25 Pursuant to bank policy, funds presented for deposit

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1 after 2 p.m. are considered next-day transactions and

2 dated the following business day.

3 "Based on the above, the records indicate that

4 on July 27, 2000, at 2:30 p.m., the funds were

5 physically presented to the bank for deposit. The

6 deposit slip and checks were left with the bank teller.

7 Pursuant to bank policy, the customer presenting funds

8 for deposit would have been issued a receipt marked

9 'next-day transaction.' Pursuant to bank policy, the

10 bank processed the checks for deposit on July 28, 2000.

11 A provisional credit in the amount of the deposit was

12 posted to Mr. Bucci's account on July 28, 2000. The

13 definition of a next-day transaction is contained in the

14 bank's deposit account agreement which is provided to

15 customers when an account is opened."

16 THE COURT: Thank you, Ms. Byrne.

17 MS. BYRNE: Thank you, your Honor.

18 MR. SINNIS: Your Honor, at this time we would

19 call Agent Willoughby.

20 THE COURT: Okay.

21 THE CLERK: I'd like to remind the witness that

22 he is still under oath.

23 THE WITNESS: Yes.

24 THE CLERK: Please be seated.

25 GREGG WILLOUGHBY, resumed

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1 DIRECT EXAMINATION

2 BY MR. SINNIS:

3 Q. Good morning, Agent Willoughby. How you are?

4 A. Good morning.

5 Q. You met with Mark Wojciechowski on August 4th and

6 August 5th in Boston, correct?

7 A. August 4th and August 5th of what year?

8 Q. 2004.

9 A. I believe so.

10 Q. And you debriefed him regarding his dealings with

11 Anthony Belmonte, among other things, correct?

12 A. Yes.

13 Q. And he told you that Anthony Belmonte had three

14 regular customers to whom he sold marijuana, correct?

15 A. I believe he mentioned a third customer.

16 Q. And those customers were Mr. Madderford, Mr. Bucci

17 and someone named Mike DiPlatzi, correct?

18 A. I don't believe he gave me the name. I believe he

19 knew of a third customer, but I don't believe he knew

20 the name.

21 Q. You prepared reports in association with your

22 meeting with Mr. Wojciechowski?

23 A. Yes.

24 Q. And he told you that a third customer was someone

25 who drove a black pickup truck, correct?

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1 A. Correct.

2 Q. And you had identified that person as Michael

3 DiPlatzi, correct?

4 A. I believe we had previously identified him, yes.

5 Q. And he told you that that person was Anthony

6 Belmonte's largest customer, correct?

7 A. I believe he might have said that, yes.

8 Q. I'm going to show you the report that you wrote back

9 on August 5.

10 MR. SINNIS: I'm showing him a report prepared

11 August 5, 2004, page 4, Paragraph 6.

12 BY MR. SINNIS:

13 Q. If you could just read the sentence starting with

14 the CW. The CW is Mr. Wojciechowski, correct?

15 A. Correct.

16 Q. And in that you wrote that Mr. Wojciechowski told

17 you that Mike DiPlatzi was Anthony Belmonte's largest

18 customer, correct?

19 A. Correct.

20 Q. Thank you.

21 MR. SINNIS: No further questions, your Honor.

22 MR. LEVITT: I don't have any questions, your

23 Honor.

24 THE COURT: Sir?

25 MR. SINSHEIMER: One question.

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1 THE COURT: Do you have a question?

2 MR. SINSHEIMER: Just one.

3 CROSS-EXAMINATION

4 BY MR. SINSHEIMER:

5 Q. You interviewed Leigha Genduso on January 15, 2007,

6 right?

7 A. I believe I was there.

8 Q. And she told you that there was no one home when she

9 came back and took the money box, right?

10 A. I don't recall if she said that or not.

11 MR. SINSHEIMER: May I approach, your Honor?

12 THE COURT: Yes.

13 BY MR. SINSHEIMER:

14 Q. This is part of the disclosure?

15 A. Are you asking me?

16 Q. I am, yes.

17 A. I believe so. It's not mine, but I believe --

18 Q. It's typed up by Mr. Levitt's office, right?

19 A. It's not my report, correct.

20 Q. No, it's not a written report.

21 A. Correct.

22 Q. But you understand it says --

23 THE COURT: Are you giving that to him to

24 refresh his recollection? You're not entitled to read

25 it out.

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1 MR. SINSHEIMER: I wasn't going to. I was --

2 THE COURT: You were about to say, "it says."

3 MR. SINSHEIMER: Well, I think I can cross him,

4 your Honor, I mean. But whatever. I'll do it --

5 THE COURT: Tell him to read whatever you want

6 him to read.

7 BY MR. SINSHEIMER:

8 Q. Does this refresh your recollection that you met

9 with her on January 15, 2007?

10 A. I believe I was there during that interview,

11 correct.

12 Q. Now, just read this section to yourself.

13 A. The entire paragraph?

14 Q. Up to where it's underlined.

15 A. Okay.

16 Q. Does that refresh your recollection as to the fact

17 that she said no one was home?

18 A. I'm not sure that it actually refreshes my -- that I

19 remember that exactly. Again, that's not my report, so

20 I can't really say for sure.

21 Q. You understand it's a disclosure report from the

22 government to me?

23 A. Yes.

24 Q. Would you have actual notes of that?

25 A. No.

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1 Q. Mr. Levitt was there also, right?

2 MR. LEVITT: Your Honor, I object to this at

3 this point. He's asked him if he remembers, and he said

4 he doesn't remember.

5 MR. SINSHEIMER: Can I come to sidebar, please,

6 your Honor?

7 MR. SINNIS: May we approach, your Honor?

8 (Discussion at sidebar and out of the hearing of

9 the jury:)

10 THE COURT: You're making him your witness

11 because you're really questioning about things that

12 didn't arise on direct.

13 MR. SINSHEIMER: But the thing is -- no, but I

14 cross-examined her and she was a little vague about it.

15 And the government gave us this disclosure. And I don't

16 want to make Mr. Levitt a witness, but my understanding

17 is the whole reason the cops are there is so the

18 prosecutors are not a witness. So maybe they can

19 stipulate that that's what it says.

20 MR. LEVITT: She said she doesn't remember

21 and --

22 MR. SINSHEIMER: This says --

23 MR. LEVITT: Excuse me. Can I finish my

24 statement?

25 THE COURT: You're asking this witness if he

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1 remembers something, and he said he doesn't.

2 MR. SINSHEIMER: But the problem is, what I have

3 is from Mr. Levitt. Do you want me to call Mr. Levitt

4 to the witness stand? I don't think that we want to

5 treat our brothers of the bar that way.

6 MR. LEVITT: I'd tell you I don't remember

7 either.

8 MR. SINSHEIMER: Okay. But you wrote it, Peter.

9 MR. LEVITT: It doesn't matter.

10 MS. BYRNE: We could put your writing in, Peter.

11 This is unbelievable.

12 MR. LEVITT: Hold on a second. She didn't deny

13 it --

14 THE COURT: Just a minute.

15 MS. BYRNE: It doesn't matter.

16 THE COURT: I'll allow you to show him this and

17 ask him if it refreshes his recollection. You can't

18 make a witness remember.

19 MR. SINSHEIMER: No, but I can demonstrate that

20 the government as an institution told me this, and if I

21 can't get it in through him, then I have to put Mr.

22 Levitt on because it's his signature. And I don't treat

23 brothers of the bar that way. So it's a stipulation.

24 It's a statement of the witness recorded by the United

25 States of America and --

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1 THE COURT: I'll rule on that later. You may

2 have something there, but you can't push the witness on

3 it.

4 MS. BYRNE: Well, then, your Honor, I would

5 follow up -- I would then follow up with Mr.

6 Sinsheimer's questions and I would want to straighten

7 out --

8 THE COURT: What can I do about it? We have a

9 witness who says he doesn't remember it.

10 MR. SINSHEIMER: You can order the government to

11 stipulate this is what it says.

12 MS. BYRNE: The government --

13 THE COURT: Let me handle that after we're

14 finished with the witness. Why should we do that here

15 at the sidebar?

16 MR. SINSHEIMER: He's the only live witness and

17 that's why I have to protect -- he's the only live

18 witness other than a lawyer who was there.

19 THE COURT: I know. You can ask him questions,

20 but if he says he doesn't remember, what do you want me

21 to do?

22 (In open court:)

23 BY MR. SINSHEIMER:

24 Q. Who exactly was at the first meeting with Leigha

25 Genduso in trial preparation?

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1 A. I believe it was just me and Mr. Levitt, I believe.

2 Q. You're like the lead case agent in this case, right?

3 A. Yes.

4 Q. You've been following this case since the day it

5 began, right?

6 A. Yes.

7 Q. You've read the grand jury testimony and so forth,

8 right?

9 A. Not all.

10 Q. You understood that the lead defendant's girlfriend

11 was an important witness, right?

12 A. Yes.

13 Q. And you meet her January 15, 2007, right?

14 A. I believe I was there, yes.

15 Q. And where the money went is a big topic, right?

16 A. Yes.

17 Q. And you don't remember that she told you no one was

18 home when she came and took the money box?

19 A. I don't recall whether she said -- I recall when

20 she -- what she said when she dropped the money off that

21 no one was home, I don't recall whether she said anyone

22 was home initially when she went to retrieve the money.

23 She did state afterward that when she went back there,

24 Mrs. Bucci was home --

25 Q. The third time?

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1 A. I don't recall if that was the third time. I do

2 recall her saying at one point that she went back to

3 retrieve the money, Mrs. Bucci was there, and Mrs. Bucci

4 said, "There's two safes in the basement as well."

5 Q. Right. But she also said that she returned to the

6 parents' house in Columbo's car, got the money box and

7 no one was home and she took it, right? You don't

8 remember that?

9 A. I don't remember that answer specifically.

10 MR. SINSHEIMER: May I approach? May I

11 approach?

12 THE COURT: Yes.

13 BY MR. SINSHEIMER:

14 Q. First of all, just for the record, you'd agree that

15 what I'm showing you is the government's disclosure,

16 right?

17 A. Well, I've never seen the actual disclosure, but I

18 believe so.

19 Q. Well, look, you've been a lead case agent for a long

20 time, right?

21 MR. LEVITT: Asked and answered and

22 argumentative.

23 THE COURT: Overruled.

24 BY MR. SINSHEIMER:

25 Q. Right?

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1 A. Yes.

2 Q. And you understand that when witnesses are

3 interviewed, the government has to tell the defense what

4 they say?

5 A. Yes.

6 Q. And this looks to you like a disclosure letter

7 signed by Peter Levitt, sitting right here, right?

8 A. I see that, yes.

9 Q. And it's about Leigha Genduso, right?

10 A. Yes.

11 MR. LEVITT: Your Honor, maybe I can try to move

12 this along. The witness --

13 MR. SINSHEIMER: I'd appreciate that. You

14 signed it.

15 THE COURT: Let me make a suggestion at the

16 sidebar.

17 (Discussion at sidebar and out of the hearing of

18 the jury:)

19 MR. LEVITT: Your Honor, do you have a

20 suggestion?

21 THE COURT: Yeah, I'm inclined to agree with Mr.

22 Sinsheimer that we ought to stipulate to this --

23 MR. LEVITT: That's what I was going to suggest.

24 THE COURT: -- because even if you don't

25 remember, you'd agree that you said it.

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1 MR. SINSHEIMER: I'll read it.

2 MR. LEVITT: I'll make the stipulation --

3 MR. SINSHEIMER: I'll read it.

4 MR. LEVITT: Your Honor, I will make the

5 stipulation that I wrote this and, you know --

6 THE COURT: Well, I mean, what's the --

7 MS. BYRNE: Exactly.

8 THE COURT: So you're telling me --

9 MR. LEVITT: I'm trying to figure that out,

10 everybody, okay? I'm trying to be helpful. If you guys

11 would give me a break.

12 THE COURT: No, I understand it. I'll instruct

13 the jury that the parties have decided the way to deal

14 with this is to read the following stipulation.

15 MR. LEVITT: I'll stipulate that I wrote this

16 with respect to what she was telling us at the time. I

17 have no independent memory; I have no reason to --

18 MR. SINNIS: No.

19 MS. BYRNE: No.

20 THE COURT: It isn't necessary to go into

21 people's memory.

22 MR. LEVITT: Okay.

23 MS. BYRNE: Just read it.

24 MR. SINSHEIMER: I want him to stipulate that

25 she said it.

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1 THE COURT: It's the witness who doesn't have a

2 memory.

3 MS. BYRNE: Read it.

4 MR. SINNIS: Read it.

5 MR. LEVITT: I'm going to say I wrote this based

6 on what she was saying. How's that?

7 MR. SINNIS: Fine.

8 MS. BYRNE: Fine.

9 MR. SINSHEIMER: Fine.

10 (In open court:)

11 THE COURT: I understand the parties have

12 reached an agreement on a point here?

13 MR. LEVITT: The government will stipulate that,

14 A, they wrote this -- that I wrote this, it was based on

15 what Ms. Genduso was telling me, and --

16 Is there anything else you want me to say?

17 MR. SINSHEIMER: Read what it says.

18 MR. LEVITT: The whole letter?

19 MR. SINNIS: No, just that sentence.

20 MR. SINSHEIMER: No.

21 MR. LEVITT: It says, "Ms. Genduso advised that

22 she later return to his parents' house in Columbo's car

23 and got the money box and put it in the car and no one

24 was home at the parents' house."

25 MR. SINSHEIMER: Thank you.

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1 MS. BYRNE: Thank you, your Honor.

2 THE COURT: Very good. Is the witness needed

3 any further?

4 MR. SINSHEIMER: No, we're all set.

5 MR. SINNIS: No, your Honor.

6 THE COURT: You're excused.

7 THE WITNESS: Thank you, your Honor.

8 (The witness is excused.)

9 MR. SINNIS: Your Honor, at this point Sean

10 Bucci rests and renews the motion that we made earlier,

11 your Honor.

12 THE COURT: And my ruling is -- I deny the

13 motion.

14 Mr. Sinsheimer?

15 MR. SINSHEIMER: Thank you. Good morning, your

16 Honor. I'd like to begin by introducing into evidence

17 first some government records as Defense Exhibit J, and

18 these would be from the probate of the Last Will and

19 Testament of Rita M. O'Connor. And the government has

20 seen these and they're in by agreement.

21 With the permission of the Court, I'll offer

22 them.

23 THE CLERK: This is Defendant No. 2. It will be

24 Exhibit J and J-1.

25 THE COURT: Marked --

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1 THE CLERK: Marked and entered.

2 (Defendant No. 2's Exhibits J and J-1 received

3 into evidence.)

4 MR. SINSHEIMER: And I apologize for being out

5 of order -- I think I comes before J in the alphabet --

6 but this is I-1, -2 and -3, documents from the Estate of

7 Pasquale J. Landolphi.

8 THE CLERK: 1, 2 and 3.

9 MR. SINSHEIMER: I-1, -2 and -3.

10 THE CLERK: Marked and entered.

11 (Defendant No. 2's Exhibits I-1, I-2 and I-3,

12 received into evidence.)

13 MR. SINSHEIMER: Thank you, Mr. Howarth.

14 THE CLERK: That's for Defendant 2.

15 MR. SINSHEIMER: Exhibits L-1, -2, -3 and -4 are

16 business records from Marian Court College, again, by

17 agreement.

18 THE CLERK: And that's by Defendant 2. And that

19 would be L-1, -2 and -3.

20 THE COURT: I think he said -4 also.

21 THE CLERK: And -4?

22 MR. SINSHEIMER: Yup. There's four of them.

23 (Defendant No. 2's Exhibits L-1 through L-4,

24 received into evidence.)

25 THE COURT: Before you ask any questions, I

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1 would like to look at the exhibits.

2 MR. SINSHEIMER: Yeah.

3 (There is a pause.)

4 THE COURT: Okay.

5 THE CLERK: Thank you, your Honor.

6 MR. SINSHEIMER: May I proceed, your Honor?

7 THE COURT: Do you want your exhibits?

8 MR. SINSHEIMER: No, I don't need them right

9 this second. I was waiting for the Court to --

10 THE COURT: I've examined them.

11 MR. SINSHEIMER: Thank you very much. I would

12 like to call Noelle Bucci, please.

13 NOELLE BUCCI, sworn

14 THE CLERK: Please be seated. Give the Court

15 your full name, spelling your last.

16 THE WITNESS: Noelle Angelique Bucci, B-U-C-C-I.

17 THE COURT: This is a big room, as you can see,

18 and we all have to hear you. So would you pull yourself

19 up to the mic and speak into the mic and try and speak

20 up, if you can?

21 MR. SINSHEIMER: You beat me to it, your Honor.

22 DIRECT EXAMINATION

23 BY MR. SINSHEIMER:

24 Q. You know me, right?

25 A. Uh-huh.

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1 Q. Would you speak loud so I can hear you?

2 MR. SINSHEIMER: Actually, with the Court's

3 permission, I'm going to stand back here.

4 THE WITNESS: Okay. Noelle Angelique Bucci,

5 B-U-C-C-I.

6 BY MR. SINSHEIMER:

7 Q. And how old are you?

8 A. 29 years old.

9 Q. What's your date of birth?

10 A. 10/27/77.

11 Q. Where did you grow up?

12 A. At Danvers, Massachusetts.

13 Q. Who did you live with growing up?

14 A. My mom and dad.

15 Q. Do you recognize your mom in court today?

16 A. Uh-huh. She's right over there.

17 Q. What's your father's name?

18 A. William Paul Bucci.

19 Q. How old is he?

20 A. He's 62.

21 Q. Okay. Do you have any brothers and sisters?

22 A. Yes; an older brother and a younger sister.

23 Q. That's your older brother, Sean, here today?

24 A. Uh-huh.

25 Q. Let me take you to your high school years. What

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1 year did you start high school?

2 A. 1993.

3 Q. What year did you graduate?

4 A. 1997.

5 Q. What was your relationship at that time with your

6 older brother?

7 A. He was just my brother. I mean, I saw him on

8 holidays.

9 Q. Were you close to him?

10 A. He was family. He wasn't really close-close, but...

11 Q. How much older was he than you?

12 A. Five years older.

13 Q. Five years older?

14 A. Uh-huh.

15 Q. When you were in high school, was he living at home?

16 A. No.

17 Q. Where did he live?

18 A. In Salem, Massachusetts.

19 Q. What did you understand he did for a living at that

20 time?

21 A. He was a dee-jay.

22 Q. Did he have any other jobs?

23 A. He worked -- he had his own business, Dessy Drive.

24 Q. What was Dessy Drive?

25 A. It was a business where an intoxicated person at a

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1 bar would call him for a ride home.

2 Q. Do you know how much money he made doing that?

3 A. No, I don't know.

4 Q. Now, as you got older, did you come to see him in

5 the course of his business?

6 A. Yes. When he worked for -- he had a 911 Productions

7 business. He worked at bars. When I turned 21 I

8 visited him a couple of times.

9 Q. And when did you turn 21?

10 A. 1998.

11 Q. And at what establishments would you see your

12 brother acting as a dee-jay?

13 A. At Bay Bridge and Scuttlebutts, and Bleachers in

14 Salem.

15 Q. Are you aware of an event called Rocktober Fest?

16 A. Yes.

17 Q. What did you understand that to be?

18 A. Well, I helped out giving out tickets. I worked at

19 the door, at the entrance.

20 Q. What was it?

21 A. It was a bunch of bands playing music, and they gave

22 out food. And that's all I know about it. And I'm in

23 the pictures, if you want to see them.

24 Q. I'm going to show you four photographs that we've

25 marked already, K-1, K-2, K-3 and K-4. And just for the

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1 record, do you recognize those? Take your time.

2 A. Uh-huh.

3 Q. I'm going to throw them up on the board in a minute,

4 too.

5 A. That's me right there.

6 Q. Hold on a second. They can't see. But just for the

7 record, are these fair and accurate representations of

8 the some of the events that day at Rocktober Fest?

9 A. Uh-huh.

10 MR. SINSHEIMER: Okay. If I may, your Honor,

11 may I display them?

12 THE COURT: Sure.

13 MR. SINSHEIMER: Thank you.

14 BY MR. SINSHEIMER:

15 Q. I'm going to show you what's been marked K-2. And

16 can you identify what's going on there?

17 A. Oh, yeah.

18 Q. Take your time. I know. I know.

19 A. You were looking over there and I didn't know --

20 Q. I apologize.

21 A. I'm giving out tickets. I'm on the right-hand side

22 in the gray sweatshirt with all of the flags.

23 Q. And the gentleman next to you with the shirt that

24 says "Staff"?

25 A. Eric Carbone.

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1 Q. And who's he?

2 A. What?

3 Q. No, go ahead -- I don't want to interrupt you --

4 please.

5 A. He's my brother's friend. And we were giving out

6 tickets for them to get to where the concert was

7 playing.

8 Q. And who do you know Mr. Carbone to be?

9 A. My brother's friend.

10 Q. How long has he been your brother's friend?

11 A. Since middle school, maybe.

12 Q. Okay. Let me show you this one, which has been

13 marked K-1. What's that?

14 A. That's Rocktober Fest.

15 Q. Is that the event itself?

16 A. Yes.

17 Q. Do you recognize that --

18 THE COURT: How many people would you say were

19 there?

20 THE WITNESS: Over a thousand or more.

21 BY MR. SINSHEIMER:

22 Q. And is this a -- showing you K-4, is that a close-up

23 of the stage?

24 A. Yes.

25 Q. Can you recognize those -- well, do you know as you

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1 sit here whether or not there were corporate sponsors?

2 A. Yeah, WAAF.

3 Q. Who's WAAF?

4 A. It's a radio station.

5 Q. How about the Guitar Center? Do you see that back

6 there?

7 A. I'm not sure what band it was. There were several

8 bands, and I don't recall what band it was.

9 Q. Do you know whether Guitar Center is --

10 A. Oh, Guitar Center? That's a sponsor, too.

11 Q. Did you go to college?

12 A. Yes.

13 Q. And when did you go to college?

14 A. In 1998.

15 Q. And what's the name of the college?

16 A. Marian Court College in Swampscott, Massachusetts.

17 Q. When did you graduate?

18 A. 1999.

19 Q. Did any other family members attend college with

20 you?

21 A. Yes, my mother.

22 Q. And when did she go to college?

23 A. She began in 1999, graduated in 2000.

24 MR. SINSHEIMER: May I see Exhibit K, please?

25 MR. LEVITT: It's right here.

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1 MR. SINSHEIMER: Thank you.

2 THE WITNESS: I'm sorry. It was 2001. She went

3 for two years.

4 BY MR. SINSHEIMER:

5 Q. And do you recognize this to be one of the records

6 from her college?

7 A. Yes; that's her associate's degree.

8 Q. And she -- she graduated in '01?

9 A. Yup.

10 Q. And do you know one way or the other whether she got

11 financial aid while she was in college?

12 A. She got some.

13 Q. I show you L-3. Do you know if those are her --

14 A. Yup, that's what I got, too.

15 Q. That's like an invoice?

16 A. Yup.

17 Q. Do you see "Anticipated financial aid" down at the

18 bottom? It's hard to read it.

19 A. I can't see it. I probably need glasses.

20 Q. No. No. No. This is a terrible thing. Don't -- I

21 don't know if anybody can see it, but we'll try.

22 You received a similar type of --

23 A. Yes, I did.

24 Q. -- document?

25 And did you know for a fact that your mom was on

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1 financial aid?

2 A. Yes.

3 Q. Now, the house you grew up in: Loris Road?

4 A. Yes.

5 Q. Can you describe that?

6 A. It was a cape on Loris Road. Three bedrooms, a

7 living room, a kitchen and a dining room, one and a half

8 baths. Is that what you want to know?

9 Q. Just anything you can remember, okay? I didn't ask

10 you that before ever, have I?

11 A. We have two cats.

12 Q. Two cats?

13 A. Yup.

14 Q. Let me ask you about 1998 now. Do you remember the

15 furniture in the house in 1998?

16 A. Yeah. A sofa, a rocking chair, a mantle.

17 Q. This is the living room?

18 A. Yeah.

19 Q. How long had it been there?

20 A. Oh, for ages. Since we were little.

21 Q. Starting around '98 through today, any fancy new

22 furniture in the house?

23 A. No; the same furniture.

24 Q. Any fancy new big-screen TVs, anything like that?

25 A. No.

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1 Q. Any indicia of wealth in that house whatsoever?

2 A. What?

3 Q. I'm sorry. Anything big that you think would have

4 cost a lot of money in there?

5 A. No.

6 Q. How about new siding? Do you remember the new

7 siding?

8 A. Oh, yeah.

9 Q. That was when? Do you remember when that was?

10 A. I believe it was in 1999.

11 Q. You're not sure?

12 A. I'm not quite sure. '98-'99.

13 Q. Did you ever inherit any money?

14 A. Yes.

15 Q. From whom did you inherit money?

16 A. My father's mother.

17 Q. And what was her name?

18 A. Congetta Mary Bucci.

19 MR. SINSHEIMER: May I see Exhibit J, please?

20 THE CLERK: I?

21 MR. SINSHEIMER: I or J.

22 THE CLERK: That's I.

23 MR. SINSHEIMER: No, I need J.

24 THE CLERK: I don't have J.

25 MR. SINSHEIMER: Yes, you do.

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1 THE CLERK: I do?

2 MR. SINSHEIMER: You'd better, or I'm in

3 trouble.

4 THE CLERK: You've got it. You've got it.

5 BY MR. SINSHEIMER:

6 Q. And who is -- Congetta Bucci, you said?

7 A. Yes.

8 Q. And --

9 A. Nicknamed Connie.

10 Q. Connie Bucci?

11 A. Uh-huh.

12 Q. And what was her relationship to you?

13 A. She was my grandmother.

14 Q. And do you know someone named Pasquale Landolphi?

15 A. Yeah; that's my father's uncle.

16 Q. And do you know when Mr. Landolphi passed away?

17 A. Yes.

18 Q. When?

19 A. Before I was born.

20 Q. Okay. And do you know if your dad inherited money

21 from Mr. Landolphi?

22 A. Yes, he did.

23 Q. How about the house you live in? Do you know

24 anything about that?

25 A. He inherited the house from him, too.

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1 Q. Let me show you Exhibit I. Would you agree with me

2 that this is the will of Pasquale Landolphi?

3 A. Yes, it is.

4 Q. Would you agree with me that Exhibit I-2 is the

5 accounting for that estate?

6 A. Yes.

7 Q. It shows that Congetta Mary Bucci became the

8 executrix?

9 A. Uh-huh.

10 Q. Do you know there was a trust for a period of time?

11 A. Yes.

12 Q. Now, do you know someone named Rita O'Connor?

13 A. Yes; she's my grandmother on my mom's side.

14 Q. And when, if ever, did she pass on?

15 A. She passed on January 4, 1999.

16 Q. And I show you Exhibit J. Is that her will?

17 A. Yes.

18 Q. Do you know if she left your family any money?

19 A. She left my mother $20,000.

20 Q. And that's in this will of probate?

21 A. Yeah.

22 MR. McADAMS: Rob, can I see that?

23 MR. SINSHEIMER: I'm sorry.

24 BY MR. SINSHEIMER:

25 Q. Now, when you were in high school, where did Sean

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1 live?

2 A. He lived in Salem.

3 Q. Who did he live with?

4 A. With roommates.

5 Q. Gentlemen roommates?

6 A. Yes.

7 Q. And would you go over there often?

8 A. No, only the time when he was sick we brought

9 chicken soup to him, my mother and I.

10 Q. Do you remember an incident with your mom?

11 A. Uh-huh.

12 Q. Do you remember an incident when your mom and you

13 brought him over some chicken soup?

14 A. (Nonverbal response.)

15 Q. You've got to speak up, honey. You've got to answer

16 out loud.

17 A. Yes.

18 Q. And is it fair to say at that time Sean was out on

19 his own?

20 A. Uh-huh.

21 Q. And what did you think he did for a living then?

22 A. He was a dee-jay.

23 Q. When you went over and brought him the chicken soup,

24 what, if anything, did you see?

25 A. I saw disk-jockey equipment.

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1 Q. All over the house?

2 A. Yes.

3 Q. At that time did you have any idea that he dealt in

4 marijuana?

5 A. No.

6 Q. Were you ever present when he talked about what he

7 did for a living in front of your mom?

8 A. I wasn't around when they'd talk. I mean, I was

9 around sometimes.

10 Q. That day when you came over with the chicken soup,

11 did they talk about how things were doing in the

12 dee-jay --

13 A. Oh, yeah. He was talking about he had a lot of --

14 he worked at Bay -- not Bay Bridge -- Bleachers in

15 Salem.

16 Q. Where do you work today?

17 A. Massachusetts Medical Society in Waltham.

18 Q. What do you do for them?

19 A. I am -- I do accounts payable/accounts receivable

20 and administrative work.

21 Q. Have you ever been in trouble?

22 A. No.

23 Q. Has your mom ever been in trouble with the law?

24 A. No.

25 Q. When was the first time you found out that your

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1 brother might have been a pot dealer?

2 A. The day that he got arrested.

3 MR. SINSHEIMER: No further questions.

4 MR. McADAMS: I just have a few brief questions.

5 CROSS-EXAMINATION

6 BY MR. McADAMS:

7 Q. Good morning, Ms. Bucci. My name is John McAdams.

8 I'm one of the prosecutors in this case. I just want to

9 ask you a couple of questions.

10 You talked about an inheritance that your mom

11 received in 1999?

12 A. Yes.

13 Q. Okay. And I think Mr. Sinsheimer showed you this

14 document which was Defense Exhibit J; do you recall

15 that?

16 A. Yes.

17 Q. Does it say anything on there about the amount of

18 money that was inherited at that time?

19 A. She gave my -- my grandmother gave her money in

20 cash.

21 Q. Before she died or after she died?

22 A. Before she died.

23 Q. And when did she give her that?

24 A. I don't remember what month or -- I don't recall.

25 Q. So it wasn't an inheritance; it was a gift?

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1 A. You could say it was a gift.

2 Q. Well, I guess what I'm asking you: Did she inherit

3 money from a will or did she give her cash when she was

4 alive?

5 A. She gave her cash, so that would be a gift.

6 Q. And did she give her $20,000 cash all in one day?

7 A. Yes.

8 Q. And do you remember when this was?

9 A. I don't recall what month. I don't recall.

10 Q. Do you recall what year?

11 A. Right before she died.

12 Q. And she died in --

13 A. 1999.

14 Q. January of --

15 A. January 4th.

16 Q. Okay. And you knew that your brother, Sean, was

17 living at 23 Marshall Street from June of 1998, correct?

18 A. Yeah; he was renting from my mother and father.

19 Q. That's what you understood?

20 A. Yes.

21 Q. Okay. And how was he paying them the rent?

22 A. He and his roommates rented from my mom.

23 Q. And do you know how much they were paying?

24 A. I don't recall.

25 Q. Okay. And --

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1 A. We were originally going to move there, my family

2 and I, before my grandmother got sick to look after her,

3 and then she passed away. And then my brother and his

4 roommates asked if they could move into Marshall Street,

5 and they rented from my mom.

6 Q. And exactly when did they ask to move into Marshall

7 Street?

8 A. I don't recall what date.

9 Q. Well, do you recall that your brother, Sean, went on

10 May 29th and put down $10,000 cash to buy the place at

11 an auction?

12 A. Well, my mother was sick in the hospital and she

13 just got out. And she had C. diff, if you guys know

14 what that is.

15 Q. So when did she get out, that night before she --

16 I'm sorry.

17 A. It was when --

18 Q. I'm sorry. Let me ask you a question. You just

19 indicated that Sean went to Marshall Street to do the

20 auction because your mom was sick in the hospital?

21 A. Yes.

22 Q. Now, did she get out that night or did she get out

23 at some point later?

24 A. Later.

25 Q. Okay. So was she in the hospital on June 1st when

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1 she went into the mortgage brokerage company and filled

2 out a false mortgage application?

3 A. I know when she was in the hospital, she was very

4 sick and he represented her. That's all I know.

5 Q. That's what your story is.

6 A. Uh-huh.

7 Q. Now, you also talked about going to Marian College

8 and --

9 A. Marian Court.

10 Q. Marian Court College. And your mom went there, too?

11 A. Uh-huh.

12 Q. And you both received financial aid?

13 A. Uh-huh.

14 Q. Did you know your mom lied on her financial aid

15 application?

16 A. She lied? I don't think she did.

17 Q. Well, let me ask you if -- this is a copy of Defense

18 Exhibit L, I believe. You don't have a cousin Sean, do

19 you?

20 A. No.

21 Q. Does your mom have a cousin Sean Bucci?

22 A. No.

23 Q. Did you know that she was putting Sean Bucci as a

24 reference for her financial aid application and claiming

25 that he was a cousin?

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1 A. I can't even see that.

2 Q. Right here where it says "Relationship to borrower:

3 Cousin." Do you see that?

4 (There is a pause.)

5 A. I do see a little bit of it. My eyes are blurry.

6 Q. You're not sure whether it says "cousin" or not?

7 Well, let me ask you this: Did you know -- do you

8 know somebody named Chris Bleicher?

9 A. Yes, I do.

10 Q. Who's he?

11 A. He's my brother's friend.

12 Q. And where did he live?

13 A. He lived with my brother.

14 Q. At 23 Marshall Street?

15 A. Uh-huh.

16 Q. Did you know that your mother claimed that he lived

17 at 32 Marshall Street on this same application for

18 financial aid, putting him down for a reference?

19 A. Probably the numbers are transposed.

20 Q. Is there any confusion as to whether it was at 23?

21 A. It's 23.

22 Q. Okay. Do you think that had anything to do with the

23 fact that she was listing Sean at 23 Marshall and didn't

24 want it to appear that two references were from the same

25 place?

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1 THE COURT: She can't tell what was in someone

2 else's mind.

3 BY MR. McADAMS:

4 Q. Now, this application for financial aid was signed

5 by your mom on August 12th of 1999. Do you see that?

6 A. I can't see that.

7 Q. Okay. Well, let me show you down there. This is

8 dated September 20, 1999, when part of it was completed.

9 Do you see that?

10 A. Very barely. Yeah, I can a little bit.

11 Q. So you would agree with me that this was an

12 application that was being done in 1999, at least at

13 some portion of the time?

14 A. That's when she was starting to go to college.

15 Q. Right. And did you know that at the same time, in

16 the fall of 1999, your mom was filing out false loan

17 applications to refinance the house at 23 Marshall

18 Street?

19 MR. SINSHEIMER: The question was did she know,

20 your Honor.

21 THE COURT: Sustained.

22 THE WITNESS: No, I did not.

23 MR. SINSHEIMER: I object.

24 MR. McADAMS: The question is whether the

25 witness knew.

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1 THE COURT: No, I sustained the assumption

2 included in your question.

3 MR. SINSHEIMER: And I objected.

4 BY MR. McADAMS:

5 Q. You talked about the house you grew up in in

6 Danvers?

7 A. Uh-huh.

8 Q. And you stated that your dad inherited that from his

9 uncle?

10 A. Yes, he did.

11 Q. And do you know when your uncle passed away?

12 A. Before I was born.

13 Q. Do you know when? Well, let me rephrase the

14 question.

15 Do you know how long your parents lived there, or

16 when they moved in?

17 A. All their life; since they got married.

18 Q. And when was that?

19 A. 1971.

20 Q. And was it that your dad's uncle had passed away a

21 year or two prior to that?

22 A. Yeah; I believe so.

23 Q. And does it jibe with your recollection that -- this

24 is also from the defense exhibits. This is from the

25 will of Pasquale Landolphi -- that your dad inherited

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1 some money back at the time when he also inherited the

2 house?

3 A. Yes.

4 Q. And that later when the estate was final, closed out

5 back in 1982, that a little bit more was given to your

6 dad?

7 A. Yes.

8 Q. And were you aware that the total amount of all that

9 money was about $50,000?

10 A. It might be a little bit more.

11 Q. It could have been $52,000?

12 A. I'm not -- I don't recall, but I know it was a lot

13 of money.

14 Q. And you testified that you were not wealthy growing

15 up?

16 A. No; it was a frugal life.

17 Q. Did you go on a lot of vacations?

18 A. No, we never went on any vacations.

19 MR. McADAMS: No other questions. Thank you.

20 THE COURT: I have a question: With regard to

21 your mother's inheritance from your grandmother, did you

22 say it was paid in cash?

23 THE WITNESS: Yes.

24 THE COURT: How do you know that?

25 THE WITNESS: Because she showed me and she kept

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1 it in a safe.

2 THE COURT: I'm sorry?

3 THE WITNESS: She showed me and she kept it in a

4 safe.

5 THE COURT: She showed you? Okay.

6 Anything else?

7 MR. SINNIS: No, your Honor.

8 THE COURT: Thank you very much, ma'am. You're

9 excused.

10 (The witness is excused.)

11 MR. SINSHEIMER: Defense rests, your Honor.

12 THE COURT: Very good. I believe that means all

13 parties have rested; is that right?

14 Ladies and gentlemen, this means we completed

15 the presentation of evidence and we'll stop for the day,

16 and of course for the week, and we'll resume Monday

17 morning at which time counsel will sum up for you, state

18 their positions as to what the evidence establishes, and

19 I'll charge you and you'll start your deliberations.

20 Are there any other matters that anybody wishes

21 to bring up before I discharge the jury?

22 MR. SINNIS: None, your Honor.

23 MR. SINSHEIMER: None, your Honor.

24 THE COURT: Thank you very much, ladies and

25 gentlemen. Have a good weekend.

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1 THE CLERK: All rise while the jury leaves the

2 courtroom.

3 (Jury out at 12:11 p.m.)

4 THE CLERK: You may be seated.

5 THE COURT: The only thing I have to take up

6 before I leave is to ask whether you could give me an

7 approximation of how long you think your closing

8 statements will be.

9 MR. LEVITT: I'd say half an hour to 45 minutes.

10 MR. SINNIS: I would say 45 minutes, your Honor.

11 MR. SINSHEIMER: Same range, your Honor.

12 THE COURT: Okay. So you'll need, with a

13 government rebuttal, if necessary, a couple of hours.

14 I'm asking so I can target what moment I have to have

15 the charge. All right. We'll be working on it this

16 afternoon.

17 MR. SINNIS: There is one thing with regard to

18 the charge, your Honor, and it's on the statute of

19 limitation. I hope your Honor appreciates why I'm doing

20 this: just simply to preserve my record.

21 THE COURT: Yes.

22 MR. SINNIS: Your Honor was apparently inclined

23 to deny my motion for an instruction on statute of

24 limitations. I'm going to renew that request. Your

25 Honor wanted some cases. I'm going to give your Honor

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1 two cases is which -- one is a 2006 First Circuit case

2 U.S. v. DeLeon, 444 F.3d 41, where the statute of

3 limitations argument was presented to the jury and the

4 First Circuit did not rule it improper. The other is

5 another First Circuit case, U.S. v. Thurston, 358 F.3d

6 51, where the defendant did not ask for an instruction

7 on statute of limitations and the First Circuit ruled it

8 forfeited.

9 So I am renewing my request for a specific

10 instruction, the one I submitted to your Honor earlier,

11 for an instruction on the statute of limitations based

12 on these two cases.

13 MR. SINSHEIMER: Judge, I join that. And

14 also --

15 THE COURT: Are you going to give us a copy of

16 that?

17 MR. SINNIS: Do you want a copy of the cases,

18 your Honor? I will provide it to your law clerk.

19 THE COURT: We've got the citation. Okay.

20 MR. SINSHEIMER: Judge, I join the request.

21 Also, just to be clear, I don't need to argue, but I

22 just need to make sure you got -- I filed this morning a

23 second supplemental request for jury instructions. I

24 gave a hard copy to Mr. Howarth. I was trying to get it

25 filed electronically, but I'm here and they're back in

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1 the office. I just wanted to make sure you have it.

2 THE COURT: We have it, apparently.

3 MR. SINSHEIMER: Thank you very much.

4 MR. LEVITT: Your Honor, the only issue with

5 respect to jury instructions that I want to raise is the

6 drug quantity instruction. As you'll recall, there

7 was -- we submitted a special verdict form on that, and

8 the Court indicated that it was inclined to agree with

9 the government's proposal on drug quantity -- on the

10 drug quantity issue.

11 THE COURT: I received one from you this morning

12 which -- let me put it this way: I believe it is

13 appropriate, yes, to have an instruction with regard to

14 weight. I don't like the language of the one that you

15 submitted this morning because it says that as to the

16 1,000 -- it first gives an amount and then says yes or

17 no. That's not the way I want to do it. I want to do

18 it by saying: "Do you find that the amount involved was

19 above or below?" or something like that.

20 MR. LEVITT: Above or below a certain amount?

21 THE COURT: We're talking 1,000, aren't we?

22 MR. LEVITT: Correct.

23 THE COURT: Right.

24 MR. LEVITT: And then there's 100 as well.

25 The --

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1 MR. SINNIS: Are we talking about the jury

2 verdict form or an instruction?

3 THE COURT: Yes, the jury verdict form.

4 MR. SINNIS: Okay.

5 MR. LEVITT: The main issue for the government

6 is that it is separate from the initial question of --

7 THE COURT: I agree with that.

8 MR. LEVITT: Okay.

9 MR. SINNIS: Will your Honor let me see that,

10 exactly what you're going to send out in terms of a jury

11 verdict form, before I --

12 THE COURT: I will do my best to do that, yes.

13 MR. SINNIS: Because that's important in terms

14 of my closing. Is there any way we'd know how the

15 verdict form is going to look today? Not the jury

16 charge but the verdict form.

17 THE COURT: I don't have it prepared. I think

18 I'll -- we'll prepare it this afternoon and you can come

19 to my chambers on Monday morning, or I could give you a

20 copy on Monday morning before you start your opening

21 statements.

22 MR. SINNIS: I just want to make sure I've got

23 my mind wrapped around it. Is there going to be

24 something similar to what the government's asking for,

25 which is: Did Mr. Bucci conspire, and then if so, is it

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1 1,000, yes or no, or is it 100, yes or no? Is it going

2 to be something like that or is it going to be: Did Mr.

3 Bucci conspire to distribute over 1,000: guilty or not

4 guilty; or did Mr. Bucci conspire to distribute under

5 1,000: guilty or not guilty?

6 I'm just not clear, and it's really important

7 for how I sum up, your Honor. I need to be clear on

8 this before I leave today.

9 THE COURT: They're two separate questions: One

10 is did he conspire and the other is what is the amount.

11 MR. SINNIS: Are you going to offer amounts like

12 over 1,000 or under 1,000 or are you going to --

13 THE COURT: I'm going to put the question to

14 them as to whether it was a thousand or over, yes.

15 MR. SINNIS: In terms of the conspiracy?

16 THE COURT: Yes.

17 MR. SINNIS: Because I don't have any problem

18 with the way Mr. Levitt submitted it this morning,

19 frankly. I don't have a problem with that. I had a

20 problem with his initial one. This one I don't have a

21 problem with, so...

22 THE COURT: If you don't have a problem with the

23 initial one -- I mean, with the one this morning, that's

24 all right with me.

25 MR. SINNIS: Okay. Then let's go with this one.

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1 MR. LEVITT: The only difference between the two

2 is I included the hundred.

3 MR. SINNIS: So we're going to go with the one

4 Mr. Levitt submitted this morning?

5 THE COURT: Yes.

6 MR. SINNIS: Thank you, your Honor.

7 MR. LEVITT: Thank you, your Honor.

8 THE CLERK: All rise.

9 THE COURT: See you Monday morning.

10 THE CLERK: Court is now in recess.

11 (The proceedings adjourned at 12:17 p.m.)

12

13 C E R T I F I C A T E

14

15 I, Marcia G. Patrisso, RPR, CRR, Official

16 Reporter of the United States District Court, do hereby

17 certify that the foregoing transcript constitutes, to

18 the best of my skill and ability, a true and accurate

19 transcription of my stenotype notes taken in the matter

20 of Criminal Action No. 03-10220-MEL, United States of

21 America v. Sean Bucci, et al.

22

23 ____________________________
MARCIA G. PATRISSO, RPR, CRR
24 Official Court Reporter

25

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