Bob: Attached are the Complaint and the Information. The Plea Agreeement and Exhibit "C" are redone, but waiting word that Cuŕnin and Murray have agreed upon the language of the bank expense reimbursement clause. I placed several calls to Curnin during the day, but he returned none of them. I finally reached him at 4pm and reviewed briefly with him the major changes. He said he would call Murray immediately on the bank expense matter, but had not done so by 7pm. On the complaint we have two major unresolved problems: 1] Curnin says that his language "Hutton Group is named a defendant in order to ensure complete and effective relief against the acts complained of herein." is final, a ċeal-breaker and that the directors won't sign unless it's in. I doubt seriously whether the board will go to trial over the absence of this sentence, but I don't think it is as serious a problem as Curnin's second "deal-breaker". 2] is that Curnin insists that Wherefore para. "2" contain nothing about "disbursements" and must be his language. He cannot, or will not, give any other explanation than to say that "disbursements" were not "part of the deal". Again, I don't think they will go to war over this, unless we are missing something of great import in this language. Two other matters. Curnin is now flinching at the 2,000 counts. I really think we are setting ourselves up for criticism if we tried to retroactively apply the jumped-up fine provisions. Why put ourselves in the position of having to explain an otherwise illegal sentence, and risk a post-plea motion, just to make it look better for Hutton. They agreed to the 2,000 counts and let's hold them to it. We should also consider seriously giving Curnin another deadline. I suggest that we tell him tomorrow morning that we, the lawyers, should agree upon all the language by the close of business on Wednesday. We are very close, and there is nothing to bar working out the very minor remaining points. If Curnin balks, then I believe we should tell him that we consider them to be stalling. Curnin can present the papers ་ to the Board on Thursday and the Board can give an up or down decision. If it's down, then Curnin should understand that we te further. will not negot negota te Curnin has to know that we will indict, even if you and I know that that is not the optimum set of circumstances. If Curnin thinks he can come back from the Board meeting and bargain some more, then we will really be against the time barrier as far as indictment is concerned. Murray and I will have little more than a month to put an indictment together and prepare for motions and trial; I personally do not want Curnin bargaining while I am doing that, because we will not get any cooperation from the company in finishing the grand jury presentation. They have amply demonstrated that already, over the past month. appreciates prompt production of documents once they are in your possession. Our great concern is your client's failure to produce critical Grand Jury evidence. It is becoming quite Thomas F. Curnin March 5, 1985 apparent that your client is attempting to intentionally thwart the Grand Jury's investigation. Our inventory of records and my own personal review of our files indicates that we have not previously received the' Moreover, we have recently obtained information that this document, as well as others, may have been intentionally destroyed as a direct result of the Grand Jury's investigation. Tom, as you know, this is a serious matter and must be addressed. с We expect to receive all documents kept within the, normal course of business, including 1 MR. CURNIN: 2 3 4 5 3 7 8 These agreements, your Ronor, have been regotiated at some length with Mr. Murray in Washington, D.C.. with Mr. Ogren, and, of course, we also met with Mr.. Trott, who is a signatory to the plea agreement that Mr. Murray bas described. MR. MURRAY: And Mr. Clark. MR. CURNIN: And Mr. Clark, of course, was with us during those negotiations. 9 THE COURT: Is Mr. Trott a career government 10 ployee? 11 12 MR. MURRAY: No, he's appointed. As I understand, he's appointed. MR. HUNDLEY: He used to be the United States MR. CLARK: Robert Ogren, your Honor. He's the MR. MURRAY: Excuse me a minute, your Honor. 23 24 2222 22 25 |