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Ex-CSFB counsel Brodsky can’t recall Quattrone talks


Editor’s Note:This post originally appeared as a news story in The New York Post.

Former Credit Suisse First Boston general counsel David Brodsky said he didn’t “recall,” didn’t “remember,” or didn’t “know,” the answer to more than three dozen questions put to him during his second day of testimony against former colleague Frank Quattrone.

Brodsky is the government’s main witness against Quattrone, who is on trial for obstruction of justice in regard to an e-mail he endorsed to employees at CSFB’s Palo Alto, Calif. tech banking group. The former CSFB lawyer was questioned yesterday by Quattrone’s attorney, John Keker.

The e-mail entitled “time to clean out those files,” was circulated within the Palo Alto office just days before news of a criminal investigation of the bank became public.

Brodsky’s apparent inability to remember details of the conversations he had with Quattrone about his own subordinates in the banking division might become important later, when Quattrone himself testifies.

Arguing before Judge Richard Owen after the jury had left for the day, Keker said he did not think current CSFB counsel Gary Lunch should be able to tell the jury about a conversation he had with Quattrone covering the events of December 2000.

“They want to argue that since he told Mr. Lynch something that was … that we realized was wrong once we looked at the records … that was deliberate,” Keker told Owen.

A Quattrone spokesman has said the banker’s conversation with Lynch in February of this year — which eventually got him put on leave by the bank — was nothing more than simple confusion about dates and times.

Owen was having none of that argument, seeming to side with the government against Quattrone. “He sent the e-mail … he knew he should not have sent that e-mail.”

That discussion took place after a long day of testimony that included accounts from Brodsky as well as two CSFB employees who received the “clean out” e-mail.

In his testimony, Brodsky got testy as Keker repeatedly asked him about differences between what he might have told federal investigators, members of the U.S. Attorney’s office (including the two lawyers prosecuting this case) and the grand jury that indicted Quattrone earlier this year on obstruction.

Brodsky was also asked about a copy of the “clean out” e-mail that had been sent to his attention by one of his subordinates — a message that sat unread for two days.

“Mr. Keker, as I sit here today and consider, I have no recollection of seeing the subject line, the preview of it or the e-mail itself,” Brodsky said.

Share  Posted by Chris Nolan at 9:57 PM | Permalink

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