However, Coscia does intend to offer evidence relating to certain rules and regulations to show that he did not act with the requisite intent to defraud or cancel orders before execution.

Certain rules and regulations may be relevant to show that Coscia’s conduct was consistent with permitted market behavior, and thus did not reflect intent to defraud or cancel orders prior to execution.

In addition, because the Government has not shown how the complaints and follow-up investigations are relevant to Coscia’s intent to defraud others or cancel orders before execution, the Court finds that they too should be excluded.

Coscia urges the Court to “require the Government to offer proof of a direct causal connection to the trading activity ... that is charged in the Indictment” before admitting any evidence of market harm or disruption that other traders observed.

The Court reserves ruling on the admissibility of such evidence until trial, when the Government will have the opportunity to show a direct connection to Coscia and the trading activity charged in the indictment.

Under Rule 10(a) of the Federal Rules of Appellate Procedure, “[t]he original papers and exhibits filed in the district court; ... the transcript of proceedings, if any; and ... a certified copy of the docket entries prepared by the district clerk” constitute the record on appeal.

A copy of the government’s proposed cover sheet to accompany the exhibit when submitted to the Clerk’s Office is attached to this motion.

WHEREFORE, the United States respectfully requests that the court issue an order directing the clerk to supplement the record on appeal with Government Exhibit ICE Summary Chart 6.

The United States of America, by ZACHARY T. FARDON, United States Attorney for the Northern District of Illinois, hereby furnishes the District Court Clerk with the following exhibit to be included in the record on appeal: Government Exhibit ICE Summary Chart 6.

Assistant United States Attorney 219 South Dearborn Street Chicago, Illinois 60604 _ L4:LL;LLELEwHmiL;L:LL;44Vm4\mo ;L;;LL;:L«LwwseL

Absent prior permission from the Court, information marked as sensitive shall not be included in any public filing with the Court, and instead shall be submitted under seal (except if the defendant chooses to include in a public document sensitive information relating solely and directly to the defendant.

Upon conclusion of all stages of this case, all of the materials and all copies made thereof shall be disposed of in one of three ways, unless otherwise ordered by the Court.

Alternatively, within five days of the receipt of such a request, defendant and/or defendant’s counsel may seek leave from the Court for relief from this requirement.

The restrictions set forth in this Order do not apply to documents that are or become part of the public court record, including documents that have been received in evidence at other trials, nor do the restrictions in this Order limit defense counsel in the use of discovery materials in judicial proceedings in this case, except that any document filed by any party which attaches or otherwise discloses specially identified sensitive information as described in Paragraph 3, above, shall be filed under seal to the extent necessary to protect such information, absent prior permission from this Court.

Nothing contained in this Order shall preclude any party from applying to this Court for further relief or for modification of any provision hereof.

4% Order cancellation comparison: October Mon Tues Weds Thur Fri Mon Tues Weds Thur Fri Mon Tues Total Sep + Oct Per cent of instances 10/03ltt lOl04/1.1 Lolosht t0106/lL ]r1t/07111 , 10/10/tt 7o/tutt,, 10/tzltL' t0lt3/tL 10/tLltt LOltT ltt 10/18/tt

The Honorable Harry D. Leinenweber United States District Court, Northern District of Illinois Everett McKinley Dirksen United States Courthouse 219 South Dearborn Street Chicago, Illinois 60604

We write on behalf of defendant Michael Coscia in the above-captioned action.

In connection with the Government’s Motion to Supplement the Record [Docket Entry 194], we hereby state that we do not oppose the motion.

Cc: All counsel of record (via ECF)