Court documents reveal that before the former hedge fund Canary Capital began trading electronically with Bank of America, one of its traders, Noah Lerner, had the following conversation on May 10, 2001, with former BoA broker Ted Sihpol. According to Attorney General Eliot Spitzer, Lerner is outlining to Sihpol that he would time stamp "a bunch of tickets" before 4 p.m. each day, but that Canary would actually provide its trades up to 5:30 p.m.

Lerner: Okay, great. We will be able, even before we get electronically [sic], we will be able to send that, um fax to you by around 6 p.m.

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