>> there was an analyst calling morgan keagan and they were going to initiate coverage of fairfax with a report that said essentially it was $5 billion overstated. essentially insolvent for an nrns company, which was going to tank the stock. the analyst leaked it to s.e.c. and several other hedge funds. the e-mails, it was a leak to the cohen group. that's cohen's own trading group inside s.e.c. the e-mails went back and forth with cohen on them. their own internal compliance manuals which i depose him about said you need to do three things. don't trade on it don't tell anyone about it and immediately tell compliance and legal. they did none of that. cohen was on those e-mails. didn't see a problem with it. didn't tell anyone not to trade on it and they did engage in trading during that period. >> so what happened? you said that the evidence is add damning in that case. what happened then? will that happen this time? >> i think what happened then was by the time we came up with that evidence in discovery and was publicized, that happened in 2003, but the fbi and s.e.c. did investigate