UNITED STATES DISTRICT COURT 

DISTRICT OF NEW HAMPSHIRE 

UNITED STATES SECURITIES AND 

EXCHANGE COMMISSION 

 Plaintiff, 

 v. 

JERRY A. SHANAHAN, 

 Defendants. 

 Civ. No. 01:07-00039-SM 

PLAINTIFF’S VOIR DIRE REQUESTS 

 The plaintiff Securities and Exchange Commission respectfully requests, if not covered 

by the Court’s customary questions, that the Court pose the attached questions during voir dire. 

Respectfully submitted this 21st day of December, 2012. 

s/Nancy J. Gegenheimer 

Leslie J. Hughes (Colo. 15043) 

Nancy Gegenheimer (Colo. 8981) 

Securities and Exchange Commission 

1801 California Street, Suite 1500 

Denver, CO 80202 

(303) 844-1000 

 

Case 1:07-cv-00039-SM Document 343 Filed 12/21/12 Page 1 of 7
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CERTIFICATE OF SERVICE 

 I certify that on December 21, 2012, I sent a true copy of the foregoing pleading by 

electronically mailing it through the ECF system to the following persons: 

John Richard Baraniak, Jr. jbaraniak@choate.com (Counsel for Patel) 

Diana K. Lloyd dlloyd@choate.com (Counsel for Patel) 

Peter Bryan Moores pmoores@choate.com (Counsel for Patel) 

Jeffrey B. Rudman jeffrey.rudman@wilmerhale.com (Counsel for Jaeger) 

Jonathan A. Shapiro jonathan.shapiro@wilmerhale.com (Counsel for Jaeger) 

Miranda Hooker miranda.hooker@wilmerhale.com (Counsel for Jaeger) 

Peter A. Spaeth peter.spaeth@wilmerhale.com (Counsel for Jaeger) 

Bruce A. Singal bsingal@dbslawfirm.com (Counsel for Kay) 

John C. Kissinger jkissinger@nkms.com (Counsel for Kay) 

Michelle R. Peirce mpeirce@dbslawfirm.com (Counsel for Kay) 

Victor W. Dahar vdaharpa@worldnet.att.net (Counsel for Skubisz) 

Ann Pauly apauly@gtmllp.com (Counsel for Skubisz) 

Mark B. Dubnoff mdubnoff@eapdlaw.com (Counsel for Barber) 

Richard McCarthy rmccarthy@eapdlaw.com (Counsel for Barber) 

Mark B. Dubnoff mdubnoff@eapdlaw.com (Counsel for Barber) 

Michael D. Ramsdell mramsdell@krhlaw.com (Counsel for Barber) 

Andrew Good agood@goodcormier.com (Counsel for Shanahan) 

Philip G. Cormier pcormier@goodcormier.com (Counsel for Shanahan) 

Steven M. Gordon sgordon@shaheengordon.com (Counsel for Kirkpatrick) 

Case 1:07-cv-00039-SM Document 343 Filed 12/21/12 Page 2 of 7
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Lucy J. Karl lkarl@shaheengordon.com (Counsel for Kirkpatrick) 

Jeffrey S. Lyons lyonsj@sec.gov (Counsel for SEC) 

Leslie J. Hughes hugheslj@sec.gov (Counsel for SEC) 

Jay Scoggins scogginsj@sec.gov (Counsel for SEC) 

Kevin E. Sharkey kjs5@verizon.net (Counsel for Collins) 

Jennifer M. Ryan jryan@dwyercollora.com (Counsel for Collins) 

Maria R. Durant mdurant@dwyercollora.com (Counsel for Collins) 

William H. Kettlewell wkettlewell@dwyercollora.com (Counsel for Collins) 

William Contolo wcintolo@aol.com (Counsel for Boey) 

 S/ Nancy J. Gegenheimer 

Case 1:07-cv-00039-SM Document 343 Filed 12/21/12 Page 3 of 7
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A. Knowledge of Parties and Trial Participants 

 1. Do you know or recognize defendant Jerry Shanahan? If yes, please explain. 

2. Have you heard of Cabletron Systems, Inc., Enterasys Networks, Inc. or Aprisma 

Management Technologies, Inc.? If yes, please explain. 

 3. Do you know or recognize Nancy Gegenheimer, Leslie Hughes, the attorneys for 

the Securities and Exchange Commission, or Nicole Nesvig, their paralegal who will be sitting at 

counsel table with Ms. Gegenheimer and Ms. Hughes? 

4. Do you know or recognize Andrew Good, who represents Mr. Shanahan? If yes, 

please explain. 

5. Do you know the following persons or entities? (potential witnesses and actors in 

this case) If yes, please explain. [The Parties will submit a list of witnesses 

Exhibit A. 

B. Experience with a Regulatory Scheme 

1. Have you or any member of your family or in your business ever been regulated 

by local, state or federal agency? If yes, please explain. 

C. Contacts with Government and the SEC 

 1. Have you or any member of your family ever worked for the federal government, 

a state government, or in law enforcement? If yes, please explain. 

 2. Have you ever contacted the SEC or other federal agency? If yes, please explain. 

 3. Have you or any member of your family ever filed or attempted to file a 

complaint against a federal agency? If yes, please explain. 

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D. Experience with the Courts and Legal System 

 1. Have you served on a jury before? If yes, what type of case was it? Did you 

reach a verdict? 

 2. Have you ever been a plaintiff or defendant in a civil or criminal case? If yes, 

please explain. 

 3. Have you had any legal training? If yes, please explain. 

 4. Do you or any of your close relatives work in the legal field? If yes, please 

explain. 

E. Contacts with Defendants 

 1. Have any of you, or anyone in your family, ever worked for Cabletron Systems, 

Inc., Enterasys Networks, Inc., Aprisma Management Technologies, Inc., Accton 

Technology Corporation or Tech Data Canada Inc. 

 2. Is anyone here, or in your family, a sales person. 

 3. Was anyone here ever been an investor in any of the companies I just listed 

above, Cabletron Systems, Inc., Enterasys Networks, Inc., Aprisma Management 

Technologies, Inc., Accton Technology Corporation or Tech Data Canada Inc. 

F. Experience with Law Enforcement 

 1. Have you or any of your close relatives been a victim of a crime? If yes, please 

explain. 

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 2. Have you or any of your close relatives been defrauded? If yes, please explain. 

 3. Have you or any of your close relatives been convicted of fraud or of committing 

a white collar crime? If yes, please explain. 

 4. If you answered yes to any of these questions, is there anything about the 

experience that would prevent you from being a fair and impartial juror? 

G. Experience in Securities Trading and the Securities Markets 

 1. Have you had any training relating to investment activities? If yes, please 

explain. 

 2. Have you ever held any securities licenses? If yes, please explain. 

 3. Have you ever invested or traded in securities? By securities, I mean stocks, 

bonds, or other investment contracts. If yes, do you invest or trade in securities 

on a regular basis? Who did you buy them from? 

 4. Have you ever filed any complaint or proceeding with the SEC, the Financial 

Industry Regulatory Authority or NASD, or any state securities regulatory 

agency? 

 5. Do you regularly watch television shows or read publications on the subject of 

investing? If yes, please explain. 

 6. Have you or anyone in your family been the victim of an accounting or securities 

fraud? 

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 As a juror, you are the trier of facts in this case. Is there any juror who feels that 

even if the evidence established the defendant’s liability by a preponderance of 

the evidence, you might not be able to find the defendant or defendants liable for 

reasons unrelated to the law and the evidence? 

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