Speaker 2
There you go. Indeed. The trial that you referred to, it takes up towards the end of the book, we get a close look at the indictment and the players involved. And it's a complicated situation with different misdeeds and bad actors here and there on both sides. But as you read it sort of laid out and you make a very clear and thorough case in the book that what you were trading on was what you'd been trading on your entire life. In Wall Street, which was public information. So you read this and you think, okay, the case is made very clearly. Why wasn't it made so clearly in court? How does the jury come back guilty? It's one of the, as you read the story, it's kind of, it's certainly head scratching, I'm sure it was for you.
Speaker 1
Yeah, it was for me. I knew everybody was the evidence regarding the case before I went to New York. If I thought I was going to be found guilty, there was a possibility I was going to be found guilty, I would never go into trial. I would have saved hundreds of millions of dollars, or the $100 million out of saved. I would have certainly probably got less time than I got if I had to go into trial. But I knew every bit of the evidence. I would have bet a lot of money that I would have been found innocent. I'd been to federal court before. I thought I understood the system, but I'd never been to federal court in the Southern District in New York. And that was entirely different. Now, I had 31 months to think about how I got convicted, and I've got a pretty good eyes. It's kind of like replanable gaming in your mind after you've lost it. You can always figure out a way you could have won it after the fact, but you don't get that opportunity. But what people probably don't realize is, and a court and federal court, the federal judge, he
Speaker 1
pretty much decide whether somebody gets found guilty or innocent and the way he runs the court. The evidence he allows in, the evidence he doesn't allow in, thinks such as that. And you're going to find some government, some judges, or very pro-government judges. You're going to find some that are maybe not as pro-government, that are more long, being fair to everyone. As I put the book, there were four major things that the jury didn't know when they convicted me. And I leave it up to the reader to come to their conclusion themselves, whether I would have been found guilty or not. There's an FBI agent, his name is David Chavez. He was a supervisor in charge of all the white collar crimes in New York. I've been there for a number of years, and the cases are pretty bad. I brought New York. He ended everyone those cases up. He had my case from the beginning to the end, three and a half years. They kept playing, these stories kept getting planted in the media. Some were true, some were true. But the bottom line was, this was against the law. They were leaking, graying your information. So we filed a motion. We alleged this happened. The US Attorney's office, Pete Bajar came back, said, no, this didn't happen. They made fun of us. They said, well, we're on a fishing expedition. Well, the judge ordered an evidentiary of herring. When he ordered an evidentiary of herring, three days prior to herring, the US Attorney's office, they sent a letter over in camera. That means it's secret to the judge. He said, judge, yeah, we did do this. The person who did it was David Chavez, a supervisor in charge of the white collar crime unit for the FBI. We want you to keep this private. Please don't tell anybody. I'll hold our reputation. We recommend you hold David Chavez in contempt of court. The judge, all you're saying out about it, filed all kinds of motions. Finally, the judge, he made the letter public. Then the letter, they turned over seven emails out of 2000 they had. They said the other, the rest of the emails that looked at, they were okay. There were seven emails in there that they turned over where they admitted what they did. The copy of the emails were in the book and it explains in detail what happened. One of the things that the jury never knew, in this FBI, about the way he was suspended, the judge who was conducting a trial, referred his case of the office of public integrity and recommended that he be indicted for two felonies. Criminal contemplatives and obstruction of justice. The US Attorney's office then sent over an affidavit saying that he was so untrustworthy and so unbelievable, he couldn't believe him about anything, that they could no longer count on anything that he said, basically, so we couldn't put him on a stand. When a jury went back and convicted me, they never knew any of this stuff. They never knew that the man who put the entire case together on me had been suspended and that the people who were prosecuting me, it represented him as being so untruthful and so dishonest that no one could believe him. The judge never allowed them to know any of that. That was one of the things they didn't know. The government had 60 days of wiretaps against me, they never played one in court. Okay, jury never knew that. Phil Nicholson, he had given two interviews with the FBI and, fatically, the night I ever gave him any insider information, they never knew that. Phil wouldn't come for and testify. The judge up there that was conducting the trial, the guy that they looked at every day like their grandfather, they were out of the room. That same judge described this guy Chevez and said he should be indicted for two felonies. So there were four things that this jury didn't know when they convicted me. So I got convicted, I'm a convicted felon, nothing will ever change that unless I get a presidential pardon one day and it still will have happened, but they betrayed themselves. The biggest mistake I made in the entire trial was not testifying. But frankly, another reason that I'm sure I wouldn't have got convicted to fill the testifier, the only witness they had in this case against me was a guy who, two years prior to this, had given a voluntary interview to the FBI and the Attorney General's all, and the prosecutors, and the night emphatically that he'd ever given me any insider information. Only after they learned that he committed three or four other felonies, including giving someone else insider information, and he was staring 15, 20 years in prison, then he changed his story. And they had to meet with him 29 times to get his story straight. And during the trial, we caught him in at least 25 lives. He had no credibility with the jury at all, none. So if fill it come forward with his celebrity, and it's simply just said in court and told the truth that I never gave him insider information as far as he knew, that that would have been someone who would have testified other than this one man. Okay, if fill it, okay, so now the jury is going to go back, are they going to believe Phil Mickelson, are they going to believe this guy Tom Davis? Okay, well, they didn't, they didn't have that choice because Phil wouldn't testify. They didn't know these other four things that I just pointed out either. So I got found guilty. And then the eyes of the law, I'm guilty. I'm a convicted