By Matthew Russell Lee, Patreon Podcast
BBC - Guardian UK - Honduras - ESPN
SDNY COURTHOUSE, Nov 16 – Gerald Fauth sold stock just after a call from his brother in law Senator Richard Burr, in advance of COVID-trigger price declines. Now the Security and Exchange Commission wants to question Fauth, in person.
Fauth says he is too sick. The SEC said it will only take three hours.
On October 29 U.S. District Court for the Southern District of New York Judge Andrew L. Carter held a proceeding. Inner City Press covered it. Podcast here.
On November 10, Judge Carter convened another proceeding, and Inner City Press again covered it. Judge Carter ruled that Fauth must be deposed on a day before Thanksgiving, and that the SEC must give him the topics a week in advance. Judge Carter declined to order the SEC to not be adversarial, but said both sides should be civil.
On November 16, the parties informed Judge Carter that the deposition of Fauth will occur on November 30 at 10 am EST, and take up to two and one half hours with doctors consulted and as many breaks as needed.
From October 29: Fauth's lawyers mentioned cardiologists and oncologist, with the medical records sealed.
But Judge Carter after inquiry suggested that Fauth be questioned for thirty minutes on Monday, Wednesday and Friday.
Fauth's lawyers said they'd have to ask his doctors and that might take a few day. Judge Carter ordered a response by Wednesday, November 3.
Fauth filed - but entirely under seal. The SEC responded that it would be willing to limit the interview to one day, only two and half hours, non adversarial. The SEC emphasized that "the staff has made no determination whether it should recommend any charges at all be brought in this matter." Judge Carter sent the conference on November 10 (see above).
Inner City Press will continue to cover the case. It is SEC v. Fauth, 21-mc-787 (Carter)
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