Read The Recorder‘s roundup of the stock-option backdating scandal. There won’t be a test later … but there might be a subpoena.

Reyes’ lawyers contend that Crudo sent an e-mail to Marmaro and to Jensen lawyer Jan Little at Keker & Van Nest a week before jury selection in the Jensen case, informing them that Moore had asserted her Fifth Amendment rights. Marmaro said in the motion that he urged prosecutors to investigate.

“To date, defense counsel has not received a response from the prosecution, and significantly, Ms. Moore was not called to testify in the Jensen trial,” the motion states.

Marmaro is urging Breyer to prod the government into granting Moore immunity, so she can discuss the matter.

Marmaro has contended in the past that former Brocade CFO Michael Byrd, who has been charged civilly by the SEC, was the actual mastermind of the backdating scheme.