Irving H. Picard v. Saul B. Katz et al

Filing 151

DECLARATION of David J. Sheehan in Support re: 150 SECOND MOTION in Limine To Exclude All Evidence And Arguments Relating To The Inaction And/Or Failures Of The United States Securities And Exchange Commission.. Document filed by Irving H. Picard. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Sheehan, David)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
In re:

Adv. Pro. No. 08-01789 (BRL)

BERNARD L. MADOFF,

SIPA LIQUIDATION

Debtor.
IRVING H. PICARD, Trustee for the Liquidation
of Bernard L. Madoff Investment Securities LLC,

(Substantively Consolidated)
Adv. Pro. No. 10-5287 (BRL)

Plaintiff,
Case No. 11-Civ-03605 (JSR)
v.
SAUL B. KATZ, et al.,
Defendants.

DECLARATION OF DAVID J. SHEEHAN IN SUPPORT OF THE TRUSTEE’S
MOTION IN LIMINE NO. 2 TO EXCLUDE ALL EVIDENCE AND ARGUMENTS
RELATING TO THE INACTION AND/OR FAILURES OF THE UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

I, DAVID J. SHEEHAN, declare pursuant to 28 U.S.C. § 1746, that the following is true:
1. I am an attorney with the firm Baker & Hostetler LLP, counsel to Irving H. Picard, Esq.
(“Trustee”), the trustee for the substantively consolidated liquidation of Bernard. L. Madoff
Investment Securities LLC (“BLMIS”) and Bernard L. Madoff (“Madoff). I submit this
declaration in support of the Trustee’s Motion in Limine No. 2 to Exclude All Evidence and
Arguments Relating to the Inaction and/or Failures of the United States Securities and Exchange
Commission pursuant to Federal Rules of Evidence 402 and 403. I am personally familiar with
the facts set forth herein.
2. Attached hereto as Exhibit 1 is a true and correct copy of excerpts from the deposition
testimony of Saul Katz, dated January 13, 2012.
3. Attached hereto as Exhibit 2 is a true and correct copy of excerpts from the deposition
testimony of Fred Wilpon, dated January 10, 2012.

I declare under penalty of perjury that the foregoing is true and correct.

Dated: March 5, 2012
New York, New York

s/ David J. Sheehan
David J. Sheehan