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UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, . . Plaintiff, . . v. . . DANIEL CHOI, . . Defendant. . . . . . . . . . . . . . . . . Case No. 1:10-MJ-00739 (AK) Washington, D.C. June 14, 2011

STATUS CONFERENCE BEFORE THE HONORABLE ALAN KAY UNITED STATES MAGISTRATE JUDGE APPEARANCES: For the Plaintiff: U.S. Attorneys Office By: ANGELA GEORGE, AUSA 555 Fourth Street, N.W. Washington, DC 20004 Kurland, Bonica & Associates By: YETTA G. KURLAND, ESQ. 304 Park Avenue South Suite 206 New York, NY 10010 Law Offices By: CHRISTOPHER LYNN, ESQ. 24-15 Queens Plaza North Long Island City, NY 11101

For the Defendant:

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B O W L E S R E P O R T IN G S E R V IC E P .O . B O X 6 0 7 G A L E S F E R R Y , C O N N E C T IC U T 0 6 3 3 5 - (8 6 0 ) 4 6 4 -1 0 8 3

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(Proceedings commenced at 11:31 a.m.) THE CLERK: This is Criminal Case, Year 2010-

739-M, United States v. Daniel Choi. Angela George for the Government. Christopher Lynn and Yetta Kurland for the Defendant. This is a status conference. (The Court and the Clerk confer.) THE COURT: Ms. George, this matter is here

for a status conference; is that correct? MS. GEORGE: Thats correct, Your Honor.

The last hearing Mr. Chois -- both of Mr. Chois counsel were not here. Mr. Christopher Lynn is

now here today, and Mr. Lynn and his other co-counsel have indicated to the Government that Mr. Choi does not wish to take advantage of a deferred sentencing hearing and he would like to set a trial date. THE COURT: All right.

And thats what were here for? MR. LYNN: THE COURT: MR. LYNN: THE COURT: MR. LYNN: Yes. All right. Yes, Your Honor (inaudible). All right. Yes. Go ahead.

And the Government is correct, I

was not here last time but my co-counsel was here, and

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at that time she made it clear that they were ready (inaudible) was ready to proceed and was not interested in the BP (phonetic). THE COURT: MS. GEORGE: All right. Well, just for the record, Your

Honor, thats not the Governments recollection (inaudible) indicate that he wanted (inaudible) want to go to trial? She did not have a copy of (inaudible)

available, and I said, Well, long as (inaudible) counsel (inaudible) assess it with him. THE COURT: MS. GEORGE: Well, -Then I confirmed today, with

both co-counsel, whether they had actually (inaudible) indicated they did not want to enter into (inaudible) sentencing agreement, and they would like to set a trial date, and then we discussed the Courts availability, but Ms. Coln indicated that we should discuss with the Court, whether the Court wanted to have the trial during the next criminal month, that would be November, or whether the Court wanted to set a trial outside the criminal. MS. KURLAND: If I may, Your Honor, in fact

prior counsel had gone over the BP with my client while I didnt have (inaudible). THE COURT: All right.

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Ms. Kurland, Im not interested in history, at the moment, -MS. KURLAND: THE COURT: prospectively. Now, from my perspective, you can pick a trial whenever youre ready to go to trial, and if the Defendants ready to go to trial, thats fine. If you (Inaudible.) -- Im interested in

wanted to do it this month, next month, the month after, its fine. We have Magistrate Judges who will It doesnt have to be before

be working either way.

this Judge, it can be before either Magistrate Judge Facciola or Magistrate Judge Robinson. MS. GEORGE: to the Government. Thats fine. That was unclear

What I shared with co-counsel is

that the case was originally with Judge Facciola and was continued the last time. This Court (inaudible)

will keep it for this status date -THE COURT: Well, as a -- Yes, but in the

interim Judge Facciola and I switched months, for mutual convenience. So if you want to go to the next

month with Judge Facciola, that would be -- Lynn? MS. GEORGE: THE COURT: MS. GEORGE: August. August. August, yes.

The Government would (inaudible)

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go to trial after August 21st. office in the middle of August.

I will be out of the So, you know, we need

some time to go get (phonetic) our witnesses -THE COURT: MS. GEORGE: MR. LYNN: All right. -- and prepare for trial. Judge, the Accused has been ready Its up to the Government.

to go to trial since May. Its their burden. THE COURT: MS. GEORGE: MR. LYNN: THE COURT: MR. LYNN: THE COURT:

Were ready to go. All right. Well, pick a date.

August 29th. I thank you. All right. Thank you, Your Honor. Thats Monday, beginning -- Lynn,

what -- why dont you pick a -THE CLERK: THE COURT: THE CLERK: (Inaudible) time. -- pick a time. Cant pull up his calendar. The

system wont let me -- I have to go out and come back in. See, I had your calendar up. THE COURT: Well, what -- if there was

anything on it, from a criminal standpoint, it would be my calendar, but if its civil it will have to be your calendar. THE CLERK: Thats what I had up (inaudible)

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but (inaudible) with Judge -THE COURT: THE CLERK: Okay. Okay. Let me -- August 29th. So

far theres -- he doesnt have anything. THE COURT: THE CLERK: THE COURT: THE CLERK: (inaudible) August. THE COURT: going to have trial. THE CLERK: THE COURT: MS. GEORGE: Your Honor. THE COURT: MR. LYNN: THE COURT: Mr. Lynn, 9:30? Yes. And it seems to me that that -Well, if -- since he -- were What time would -- 9:30? Probably 9:30. 9:30? Thats fine with the Government, Good. Well, --

It stops at August 11th. All right. Theres no scheduled matters

you wouldnt need more than the morning, under any circumstances, -MR. LYNN: THE COURT: (Inaudible.) -- to try the case. Very well.

And, Mr. Choi -- or Lieutenant Choi was placed on his personal bond, or was he -- was there any bond status issue --

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 like? trial.

MS. GEORGE:

Yes, Your Honor.

He was placed

on personal recognizance. THE COURT: I see. All right. Well, the

Court will leave him in his status. MS. GEORGE: THE CLERK: (Inaudible.) (Inaudible) jury trial or a bench

MS. KURLAND: THE COURT: THE CLERK:

A bench trial (inaudible). Bench trial. All right.

Theyre going to have to --

Theyve got a Tuesday and (inaudible) got a Tuesday morning and a Thursday morning. I dont (inaudible)

judge (inaudible) well leave it there now that -THE COURT: Well, I -- in all likelihood I

could cover him for the criminal calendar in the morning. THE CLERK: THE COURT: the thirtieth? I mean, thats something -How about you -- Well, how about

Is that -Yes. See, when we do our

THE CLERK:

evidentiary hearings -THE COURT: THE CLERK: THE COURT: Yes. Yes. Yes. How about --

-- (inaudible) break them down -What does the thirtieth look

No, I understand.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 witness. days? Ms. --

THE CLERK:

Theres nothing on Pacer for the

thirtieth (inaudible). THE COURT: Is that all right with you,

MS. GEORGE: THE COURT: MR. LYNN: THE COURT: THE CLERK:

Thats fine with the Government. Mr. Lynn, Thursday? (Inaudible), Judge. All right. Okay.

And the next one would -- Youre saying two

MR. LYNN: THE COURT: would -- Ms. George? MS. GEORGE: MR. LYNN:

Pardon me? No. No. I think a half a day

It probably would be -I think half a day. The

Prosecution thought two days, but I would (inaudible). THE COURT: MS. GEORGE: day, Your Honor. Oh. It will probably just be one

With the government presenting its

witnesses, Defense Counsel -THE COURT: Oh, you have more than -- you

have more than one witness? MS. GEORGE: Yes, we did have more than one

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THE CLERK:

So we need a half a day, or how

THE COURT:

No.

No.

The Government is

saying two days, but -MS. GEORGE: Or at least the one day. I

dont know -- Theyd indicated to me they had several character witness. They didnt give me a number of

witnesses, so I dont know how many witnesses the Defense has. So with the Government, it would be at least a presentation of a half to a whole day because Im calculating also cross-examination by Defense Counsel, and then they have to put on their case, which -- so without knowing the amount of witnesses, I would just alter it two days, thats the -- our assumption because we -THE COURT: MS. GEORGE: THE COURT: Well, --- we dont have any details. -- why dont we set it down for

two days, and if it rolls over into Wednesday, then either I or Judge Robinson will cover the other criminal matters for Judge Facciola, so that will not be an issue. MS. GEORGE: 9:30 at this point? So we have a (inaudible) like at

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THE COURT:

I think it would be well to start

in -- on the 29th, Monday the 29th, and if it rolls into Tuesday, Judge Facciola will have that day available. MS. GEORGE: THE COURT: Thank you. And Ill cover him or Judge All right.

Robinson will cover him for that Monday.

So were talking about the 29th and the 30th as setting aside the two days for trial in the event that it needs two days. MS. GEORGE: THE COURT: MR. LYNN: THE COURT: Yes, Your Honor. All right. So be it.

Thank you, Your Honor. Good. Thank you. If theres any

problem with either counsel as to those dates, feel free to either contact me, or directly, Judge Facciola, and well try and get a different date for you. All right. Thank you.

In the interim, Lieutenant Choi will remain on his bond status and, Lieutenant, youre going to have to comply -- make sure you comply with the terms and conditions of your bond release. Thank you, Counsel. MS. GEORGE: Thank you (inaudible).

(Proceedings concluded at 11:41 a.m.)

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C E R T I F I C A T E I certify that the foregoing is a correct transcript from the electronic sound recording of the proceedings in the above-entitled matter.

/s/_______________________ STEPHEN C. BOWLES

November 26, 2011