its subsequent flow into the larger stream of lies. The setting is February 2010. The location is federal court in Asheville, North Carolina. The trial for Alex’s partner, Bryan Noel, is set to begin. Alex is slated to testify as to their criminal activities. Alex’s first deal with the federal prosecutor has been taken off of the table because of their discovery of Alex’s continued deception and theft.
AND THE DECEPTION BAND PLAYED ON
In his subsequent testimony, Alex articulated his continued machinations after his initial meeting with the FBI in addition to his providing similar, false information in his testimony in previous civil proceedings:
Q. Mr. Klosek, I think when we left off at lunch we were talking about your original plea agreement and your cooperation under that agreement. Do you remember that?
A. Yes, I do.
Q. And I think you testified that you were not being truthful with the government under your terms of your plea agreement.
A. That is correct.
Q. Let me show you Government Exhibit 35X, which is already in evidence. Do you remember that e-mail?
A. Yes, I do.
Q. I think you testified before lunch that you were sending this e-mail under the direction of the FBI; is that correct?
A. Yes.
Q. And the direction that the FBI was giving you at that time was based on what?
A. Based on the information I had provided.
Q. And had you provided accurate information at that point?
A. No, I had not.
Q. Did the FBI know that at that point?
A. No, they did not.
Q. Now, did there come a point at which your false statements to the government became known?
A. Yes, there was.
Q. And when was that?
A. That was February 4th of 2010.
Q. 2010. Two weeks ago?
A. Yes.
Q. And where was that, that that occurred?
A. That occurred at the U.S. Attorney’s Office in Charlotte.
Q. And the U.S. Attorney’s Office is what, where who works?
A. Where you work and where Ms. Rikard works.
Q. And why were you at the U.S. Attorney’s Office on February 4th?
A. I was having a meeting with you both.
Q. For what purpose?
A. For purposes of trial preparation.
Q. And had you met with agents of the government since your
December meeting?
A. I had not.
Q. So you told us in December that you had provided false information, correct?
A. Yes, I did provide false information.
Q. And you came back on February 4th.
A. Yes.
Q. So you came to Charlotte to meet; is that correct?
A. That is correct.
Q. And who was present at the meeting when you came on
February 4th?
A. You were. And Mr. Jenkins and Ms. Rikard were present.
Q. And did that meeting begin with me asking you again whether Mr. Noel always knew about the trading losses?
A. Yes, you did ask that.
Q. And what did you tell me?
A. I said yes, that he had.
Q. And what happened after you told me that?
A. After that, information was provided going back to 2002 showing the extent of the trading losses.
Q. Let me be clear. You told me at that meeting on February 4th that Mr. Noel knew about the trading losses all along.
A. Correct.
Q. Was that truthful?
A. That was not truthful.
Q. And after you told us that information, what happened?
A. That information was provided about the losses on the trading accounts that had gone back to 2002.
Q. What happened in the meeting after you told us that false information?
A. I continued to lie.
Q. And did I continue to question you about it?
A. You continued to question me.
Q. And what ultimately happened?
A. I had not told Bryan Noel the extent of the trading losses.
Q. What happened in the meeting ultimately?
A. In the meeting? You asked me to leave the room at the point at which —
Q. And what caused me to ask you to leave the room?
A. When you found out I was lying.
Q. And how did I find that out?
A. That the results for 2002 had been generated.
Q. Did you ultimately acknowledge after I continued to question you that you were lying?
A. Ultimately, I did acknowledge that.
Q. And at that point you
AND THE DECEPTION BAND PLAYED ON
In his subsequent testimony, Alex articulated his continued machinations after his initial meeting with the FBI in addition to his providing similar, false information in his testimony in previous civil proceedings:
Q. Mr. Klosek, I think when we left off at lunch we were talking about your original plea agreement and your cooperation under that agreement. Do you remember that?
A. Yes, I do.
Q. And I think you testified that you were not being truthful with the government under your terms of your plea agreement.
A. That is correct.
Q. Let me show you Government Exhibit 35X, which is already in evidence. Do you remember that e-mail?
A. Yes, I do.
Q. I think you testified before lunch that you were sending this e-mail under the direction of the FBI; is that correct?
A. Yes.
Q. And the direction that the FBI was giving you at that time was based on what?
A. Based on the information I had provided.
Q. And had you provided accurate information at that point?
A. No, I had not.
Q. Did the FBI know that at that point?
A. No, they did not.
Q. Now, did there come a point at which your false statements to the government became known?
A. Yes, there was.
Q. And when was that?
A. That was February 4th of 2010.
Q. 2010. Two weeks ago?
A. Yes.
Q. And where was that, that that occurred?
A. That occurred at the U.S. Attorney’s Office in Charlotte.
Q. And the U.S. Attorney’s Office is what, where who works?
A. Where you work and where Ms. Rikard works.
Q. And why were you at the U.S. Attorney’s Office on February 4th?
A. I was having a meeting with you both.
Q. For what purpose?
A. For purposes of trial preparation.
Q. And had you met with agents of the government since your
December meeting?
A. I had not.
Q. So you told us in December that you had provided false information, correct?
A. Yes, I did provide false information.
Q. And you came back on February 4th.
A. Yes.
Q. So you came to Charlotte to meet; is that correct?
A. That is correct.
Q. And who was present at the meeting when you came on
February 4th?
A. You were. And Mr. Jenkins and Ms. Rikard were present.
Q. And did that meeting begin with me asking you again whether Mr. Noel always knew about the trading losses?
A. Yes, you did ask that.
Q. And what did you tell me?
A. I said yes, that he had.
Q. And what happened after you told me that?
A. After that, information was provided going back to 2002 showing the extent of the trading losses.
Q. Let me be clear. You told me at that meeting on February 4th that Mr. Noel knew about the trading losses all along.
A. Correct.
Q. Was that truthful?
A. That was not truthful.
Q. And after you told us that information, what happened?
A. That information was provided about the losses on the trading accounts that had gone back to 2002.
Q. What happened in the meeting after you told us that false information?
A. I continued to lie.
Q. And did I continue to question you about it?
A. You continued to question me.
Q. And what ultimately happened?
A. I had not told Bryan Noel the extent of the trading losses.
Q. What happened in the meeting ultimately?
A. In the meeting? You asked me to leave the room at the point at which —
Q. And what caused me to ask you to leave the room?
A. When you found out I was lying.
Q. And how did I find that out?
A. That the results for 2002 had been generated.
Q. Did you ultimately acknowledge after I continued to question you that you were lying?
A. Ultimately, I did acknowledge that.
Q. And at that point you
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