103 H3vlgiu2 ih transferring assets away from the jurisdiction of the court 2 because -- 3 THE COURT: She sold the house. 4 MR. CASSELL: Right. After she wrote an email that 5 said, hey, I could get -- 6 THE COURT: You can't argue, I don't think, that id that's an admission. 8 MR. CASSELL: We believe it goes to consciousness of 9 guilt, and we've cited a case in our brief to that effect. 10 But I think if you have a difficulty with that small 1a piece of our argument, I mean, I think the rest of it is 12 really, you know, the meat and potatoes here, so -- 13 THE COURT: Okay. Yes. 14 MR. PAGLIUCA: Your Honor, I'm going to not try to 15 belabor this, but I have to respond to some of the points, just 16 so that the record is clear. de The language that we proposed to the Court about the 18 financial status comes from the very cases that are in the igs) Second Circuit, and that's the words that the Second Circuit 20 and district courts in the Southern District use. And I quote 21 from Tillery: No evidence as to defendant's financial status 22 may be presented to the jury during the first phase of the 23 trial by either of the parties to this action. And the Second 24 Circuit says that that's the preferred method. Mr. Cassell, I 25 think, knowing that he's losing this battle, then tries to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011406