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Proceedings recorded by stenotype; transcript

produced by computer-aided transcription.

1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

- - -

UNITED STATES OF AMERICA, : Case No. 1:18-cr-0043

:

Plaintiff, :

:

- v - : Jury Trial

:

YANJUN XU, also known as XU : Thursday, November 4, 2021

YANJUN, also known as QU HUI, : 9:30 a.m.

also known as ZHANG HUI, :

: Cincinnati, Ohio

Defendant. :

- - -

TRANSCRIPT OF PROCEEDINGS

BEFORE THE HONORABLE TIMOTHY S. BLACK, DISTRICT JUDGE

For the Plaintiff: TIMOTHY S. MANGAN, ESQ.

EMILY N. GLATFELTER, ESQ.

Assistant United States Attorneys

221 East Fourth Street, Suite 400

Cincinnati, Ohio 45202

and

MATTHEW J. McKENZIE, ESQ.

United States Department of Justice

National Security Division

950 Pennsylvania Avenue NW

Washington, D.C. 20530

and

JACQUELINE K. PRIM

Special Assistant, Paralegal

United States Department of Justice

National Security Division

950 Pennsylvania Avenue NW

Washington, D.C. 20530

For the Defendant: RALPH W. KOHNEN, ESQ.

JEANNE MARIE CORS, ESQ.

SANNA-RAE TAYLOR, ESQ.

Taft Stettinius & Hollister

425 Walnut Street, Suite 1800

Cincinnati, Ohio 45202

and

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ROBERT K. McBRIDE, ESQ.

AMANDA JOHNSON, ESQ.

Taft Stettinius & Hollister

50 East RiverCenter Boulevard

Suite 850

Covington, Kentucky 41011

and

FLORIAN MIEDEL, ESQ.

Miedel & Mysliwiec, LLP

80 Broad Street, Suite 1900

New York, New York 10004

Also Present: Mae Harman, Interpreter

Robin Murphy, Interpreter

Yanjun Xu, Defendant

Law Clerk: Cristina V. Frankian, Esq.

Courtroom Deputy: Rebecca R. Santoro

Court Reporter: M. Sue Lopreato, RMR, CRR

Potter Stewart U.S. Courthouse

Southern District of Ohio

100 East Fifth Street

Cincinnati, Ohio 45202

513.564.7679

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P R O C E E D I N G S

(In open court at 9:30 a.m.)

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THE COURT: Good morning. Please be seated. It's a

couple minutes toward 9:30. All jurors are here. I'm

prepared to call for them to briefly welcome them, admonish

them, send them upstairs.

Is there anything that requires the Court's attention

before we get the jury, first from the government?

MR. MANGAN: No, Your Honor.

THE COURT: Defense?

MR. KOHNEN: No, Your Honor.

THE COURT: Very well. Both teams are here in full.

Defendant is here with both interpreters.

Let's call for the jury, please.

(Jury in at 9:32 a.m.)

THE COURT: Thank you. You may all be seated.

Twelve members of the jury have rejoined us on the record

in the courtroom. Good morning. Thank you for being here

timely.

I told you this would be brief. I just wanted to count

noses, and I count 12. You're all here.

Your work, pursuant to the Constitution, begins again

today. Make sure everyone has a chance to talk and express

their opinion. Take whatever time you need.

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If, during the proceedings, you need to take a break,

somebody needs to, God forbid, smoke a cigarette, or go to the

bathroom or something, you're welcome to take a break.

But during the break, do not discuss the case until all

12 of you are back together. You don't have to ask my

permission to take the break. The foreperson will direct you.

Are you ready to go?

Out of respect for you, we'll rise as you leave.

(Jury out to deliberate at 9:33 a.m.)

THE COURT: The jury's left the room. Doors are

closing. They look ready to go.

I'm prepared to recess, unless there's something further.

Anything from the government?

MR. MANGAN: No, Your Honor. Thank you.

THE COURT: The defense?

MR. KOHNEN: No. Thank you, Judge.

THE COURT: We need a cell phone where we can get you

immediately, and I suspect Ms. Frankian has that. You'll make

sure that she does, and we'll await to hear from the jury.

Thank you all. We're in recess until that time.

(Recess.)

THE COURT: We're back on the record, in the

courtroom. It's a couple of minutes before 4:30. I

understand the jury is ready to go home at 4:30.

The government team is here in full. The defense team is

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here in full, defendant and two interpreters.

Are we ready to get the jury from the government's

perspective?

MR. MANGAN: Yes, Your Honor.

THE COURT: And the defense?

MR. KOHNEN: Yes, Your Honor.

THE COURT: Very well. Let's call for the jury.

(Jury in at 4:32 p.m.)

THE COURT: Thank you. You may all be seated. The

12 members of the jury have rejoined us. It's 4:30.

I'm advised that you're ready to break at our normal

break time. You've had a good full day. It's a credit to

you.

I'd ask you be back again, as you were today, by 9:15 so

we can get you timely at 9:30 just to come in to the courtroom

for me to count noses and send you back upstairs. Don't

start talking about the case until you've seen me after 9:30.

And tonight, absolutely no discussing the case among

yourselves as you leave, anybody at home, no looking at the

news. Continue to stay focused on the fact that you're not to

talk about it until you've reached your final verdict.

Out of respect for you, we'll rise as you leave for the

day.

(Jury out at 4:33 p.m.)

THE COURT: The jury has left the room. The door is

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closed. They're leaving for the day, so are we.

I'd ask that you be back here in time for us to have the

jury in the courtroom at 9:30.

Anything else before we break for the day from the

government?

MR. MANGAN: No, Your Honor.

THE COURT: Defense?

MR. KOHNEN: No. Thank you, Judge.

THE COURT: Very well. We're in recess until

tomorrow.

(Proceedings adjourned at 4:34 p.m.)

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C E R T I F I C A T E

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I, M. SUE LOPREATO, RMR, CRR, certify that the foregoing

is a correct transcript from the record of proceedings in the

above-entitled matter.

/s/ M. Sue Lopreato______ April 22, 2022

M. SUE LOPREATO, RMR, CRR

Official Court Reporter

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