- 5 -
addressed Government exhibit 3A. This exhibit consisted of some
schedules he had prepared before the Fatico proceeding; he
testified that they reflected "extensive additional monies from
Canada." In response to an objection from Allison Manning,
petitioner's counsel in the criminal proceeding, AUSA Tomback
stated that the Government would not offer the schedules into
evidence. He explained:
I just seek to show because Ms. Manning went
through at some length with Mr. Leicht to try to narrow
down the figure, that the figure we're dealing with
that Mr. Ford got is well above $2.3 million, it is
certainly above the $3 million mark and I haven't even
calculated it, but it is well above that as well. If
Mr. Leicht were to sit down and calculate it, we can
get a figure.
At some point during the criminal proceedings, Agent Leicht
prepared a one-page handwritten document. It was labeled
"Government exhibit 3 - For ID" and bore the heading "Corporate
Brokerage A/C's Gains & Losses 1985-86". It was not, however,
entered into evidence during the Fatico hearing. The document
(hereafter exhibit 3) contained the following information:
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