Inner City Press' Bank Beat Reporter

  

     Welcome to Inner City Press’ Bank Beat.  We aim to scrutinize the industry, from high to low. Our other Reporters cover Community Reinvestment, the Federal Reserve, and other beats.   ICP has published a (double) book about the Bank Beat-relevant topic of predatory lending - click here for sample chapters, an interactive map, and ordering information. The Washington Post of March 15, 2004, calls Predatory Bender: America in the Aughts "the first novel about predatory lending;" the London Times of April 15, 2004, "A Novel Approach," said it "has a cast of colorful characters." See also, "City Lit: Roman a Klepto [Review of 'Predatory Bender']," by Matt Pacenza, City Limits, Sept.-Oct. 2004. The Pittsburgh City Paper says the 100-page afterword makes the "indispensable point that predatory lending is now being aggressively exported to the rest of the globe." Click here for that review; click here to Search This Site. Click here for Inner City Press' weekday news reports, from the United Nations and elsewhere, which include bank-related topics.

Click here for Inner City Press' weekday news reports, from the United Nations and elsewhere. Click here for a recent BBC piece on Inner City Press' reporting from the United Nations. New: Follow us on TWITTER   BloggingHeads.tv  Click for March 1, 2011 BloggingHeads.tv re Libya, Sri Lanka, UN Corruption by Inner City Press.  Until next time, for or with more information, contact us.

December 23, 2024

Cancer Survivor from Ground Zero Sues Bank of New York Mellon for ADA Discrimination

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 16 – The Bank of New York Mellon has been sued a former staffer who was fired, he said, for disabilities incurred from a 9/11 related cancer. 

   Seiran Salimov filed suit in the U.S. District Court for the Southern District of New York on December 16; Inner City Press which closely covers the SDNY found it in the docket.

    Salimov complaint recounts how, while he was a BNY senior programmer analyst, he was diagnosed with 9/11 related cancer.

 He asked for an accommodation but BNY questioned it, finally firing him on June 26, 2023. He got an EEOC Notice of Right to Sue and filed the suit.

The case is Salimov v. Bank of New York Mellon Corporation, 1:24-cv-9596 (Unassigned) 

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

December 16, 2024

Tornado Cash Roman Storm Trial Still April 14 2025 as His Lawyers Say May Appeal to Sup Ct

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 9 – Roman Storm is charged using his cryptocurrency mixed Tornado Cash to help launder money for North Korea's hackers in the Lazarus Group.

On September 6, 2023 he was arraigned before U.S. District Court for the Southern District of New York Judge Katherine Polk Failla. Inner City Press was there - thread:

Cash helped North Korea's hackers Lazarus Group...There will be discovery from GitHub 

On December 5, Judge Failla docketed the trial schedule: "SCHEDULING ORDER as to Roman Storm, Roman Semenov. It is hereby ORDERED that the following trial schedule will be in effect: Trial will be set to begin on September 23, 2024, at 9:00 a.m." Full scheduling order on Patreon here

On March 29, 2024, Storm through counsel submitted motions to suppress and to compel discovery, including into MLATs with The Netherlands, and FinCEN and OFAC communications. Memo/motion on Patreon here

On July 5, a court holiday, Storm's lawyer filed an opposed request for a delay into 2025 of the trial: "We write on behalf of our client Roman Storm to respectfully request that the Court grant a continuance of the trial date from September 23, 2024 to late January or February 2025." Letter on Patreon here.

The US on July 9 filed opposition - just as in the Samouri Wallet case a letter from Senator Lummis and Wyden that cites theTornado Cash case, letter now on Patreon, with Samouri story, here.

On July 12, Judge Failla did delay the trial, but not as far as Storm requested: "trial in this matter is scheduled to begin on 12/2/2024 at 9:00 a.m."

On September 26, Judge Failla denied Storm's motions, from the thread:

SDNY Judge Failla is about to start reading out (long) decision on motions to compel and dismiss. Spoiler alert: she is denying both. Judge: The pre-trial discovery is government by Rule 16...

Brady did not create a Constitutional right to discovery. Mr. Storm's request are too speculative, saying "may," "may" and "may." He does not connect the dots.

Judge Failla continues: I reject the void for vagueness argument... Courts should be cautious when assessing vagueness arguments. Consider US v. Howtar (sp)

 Judge Failla: Mr. Storm was arguing that that statutory definition of financial transaction is vague. I reject that. The court finds that the statute gave Mr. Storm adequate notice. He marketed Tornado Cash as a way to conceal, he had notice is was illegal

Judge Failla: So, the motions are denied. I think that is all I need to do today. We have a trial date

On October 10, a hearing Inner City Press covered, from the thread:

oral argument on prosecutors' motion to compel pre-trial disclosuresJudge Katherine Failla: When will the government be producing 3500 material? Assistant US Attorney Nathan Rehn: We have been trying to reach a global agreement on pre-trial disclosures. Judge: Is there a world in which you would not disclose until after testimony?

AUSA: We would hope not- Judge: Mr. Rehn, we're here because you haven't worked that out. It is possible I could propose a schedule for 3500 production? AUSA: There is precedent that the government cannot be ordered to go faster than the statute Judge: I know that

 Roman Storm's lawyer: If they delay on the 3500 material, we'll want more time to make advice of counsel disclosure. Judge: I am uncoupling those two issues. Before ruling, I spoke with other SDNY Judges including, about the Eisenberg trial, with Judge Subramanian

 Judge: I have considered Judge Kaplan's ruling on Bankman-Fried... Last minute tricks, at least they didn't for Bankman-Fried. We'll do Daubert hearings in November in the same week as the final pre-trial conference. We are adjourned.

On November 1, Inner City Press covered the proceeding and first reported the new trial date: April 14, 2024, here. Then: "proceedings held before Judge Katherine Polk Failla: Telephone Conference as to Roman Storm held on 11/1/2024. Defendant Roman Storm present... Trial in this matter is adjourned to 4/14/2025

On December 9 there was a status conference; Inner City Press went and live tweeted, thread:

All rise! Judge Failla: How do you plead? Roman Storm: Not guilty. Storm's lawyer: We're requesting reconsideration. AUSA: 2d circuit, mandamos was denied. Judge Failla: I didn't know. Last week I was in California at Judicial Conference, hearing budgets are bad

Defense: We want 20 pages, then ten on reply. Judge Failla: Our local rules are moving toward word count, not pages.  Defense: We are considering taking the mandamos to the Supreme Court. Judge Failla: Note this, "Judge laughs."  Defense: We know it's a long shot

 Judge Failla: I've been vindicated twice at the Supreme Court, I hope my batting average stays high.

The case is US v. Storm, et al., 23-cr-430 (Failla)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.


December 9, 2024

In Virginia Disparate TowneBank Wants Village Bank Ignoring HMDA Data and Linkbank Link

by Matthew R. Lee, Patreon Substack

FEDERAL COURT, Dec 4 – In Virginia, a bank is trying to move into the Richmond area via merger, with a disparate lending record. Fair Finance Watch with Inner City Press on the FOIA has filed a timely first comment on, the Application by TowneBank to acquire Village Bank & Trust.

  But consider ChoiceOne's disparate lending record:    

In Viginia in 2023 - in HMDA data not yet taken into account in any CRA exam - Towne Bank based on its marketing made 1282 mortgage loans to whites, and only 192 loans to African Americans. Meanwhile it denied 43 applications from African Americans, and only 64from whites. It should be referred to DOJ.  

In North Carolina in 2023 Towne Bank based on its marketing made 1107 loans to whites, and only 80 loans to African Americans. Meanwhile it denied 10 applications from African Americans, and only 92 from whites.

   In Maryland in 2023 Towne Bank based on its marketing made 1172 loans to whites, and only 366 loans to African Americans. Meanwhile it denied 30 applications from African Americans, and only 40 from whites.

The new Merger Guidance should be applied - that is a test case.

TowneBank filed a response on December 4, by Troutman Pepper's Seth A. Winter who claims data documenting HMDA data has nothing to do with a merger - he should know better, since he represented Linkbancorp which was forced to implement a lending plan after Inner City Press documented similar disparities. It is a bad faith response.

Why would regulators even consider approving this merger? Watch this site.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

December 2, 2024

In SBA Fraud Case Shin Got 14 Months Bid to End Supervision Denied But Travel Allowed

By Matthew Russell Lee, Video, Alamy photos

SDNY COURTHOUSE, Nov 25 – Noah Bank's Edward Shin was on arrested for defrauding the U.S. Small Business Administration on May 29, 2019 and would, it was said, be presented later on May 29 before Magistrate Judge James L. Cott in the U.S. District Court for the Southern District of New York.

  Inner City Press after reporting the arrest went the SDNY Magistrate's Courtroom 5A and was told Shin would be presented at some undefined later hours. But with the door to 5A locked at 4:30 pm, Inner City Press was told Shin "has not been presented, there are no terms.  Tomorrow is more likely." And later, as Inner City Press waited in front of the locked door, staff emerged with a more specific prediction: 2 pm May 30.

  In fact it happened slightly before then. Here are the terms of Shin's release: "Surrender travel documents and no new applications; travel restricted to SD/EDNY, DNJ, EDPA. $1 Million bond secured by $25,000 cash and signed by two co-signors (condition to be met within a week)." And, interestingly, "Alcohol testing / treatment." Inner City Press has been contacted by those covering Shin well before this, who said that Shin "threatened to kill a borrower [and] was sued for reneging on a board control deal."

Then on February 12, 2021 leading up to a trial scheduled for August 16, Judge Woods rejected many of Shin's motions in limine - evidence will come in. (One motion was denied as moot, excluding six loans, which was a win for the defense).

  Jump cut to April 25, 2022. The case was re-assigned to Judge John P. Cronan, who has set trial for April 26. On the eve of it the US put in SBA documents about loans to produce companies, offering to redact some.

On October 6, 2022, Judge Cronan sentenced Shin to 14 months "in prison for his role in defrauding a Pennsylvania-based bank (the “Bank”) while serving as its CEO.  SHIN was convicted after a three-week trial before U.S. District Judge John P. Cronan on all counts, which charged SHIN with taking bribes in connection with the Bank’s issuance of loans that were guaranteed by the United States Small Business Administration Judge Cronan sentenced SHIN to three years of supervised release and ordered SHIN to pay forfeiture in the amount of $5,506,050 and a $600 special assessment fee."

On November 7, Judge Cronan denied Shin's application, saying there was no reason to change his previous decision:  "the Court declines to terminate Defendant Edward Shin's period of supervised release. This denial is without prejudice to the Probation Office, Shin, or the Government making another application for early termination in the future if appropriate. The Clerk of Court is respectfully directed to close Docket Number 273. So Ordered. (Signed by Judge John P. Cronan on 11/7/24)"

On November 25, Judge Cronan approved Caribbean and South Korea travel for Shin: "ENDORSEMENT...The request is granted. Mr. Shin may travel to Fort Lauderdale, Florida and Barbados from December 5, 2024 to December 21, 2024. Mr. Shin may also travel to South Korea from December 29, 2024 to February 5, 2025. (Signed by Judge John P. Cronan on 11/23/24)."

The case is USA v. Shin, 1:19-cr-552 (Cronan).

Watch this site.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

November 25, 2024

In Sudan Case BNP Paribas Was Sued in 2016 Now Case Proceeds With Administrator

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Nov 18 – BNP Paribas was sued, and raised as part of its defense the laws of Switzerland and of Sudan. 

 On November 5, 2020 U.S. then-District Court for the Southern District of New York Judge Alison J. Nathan held an oral argument. Inner City Press covered it.

 The case involves BNP violating Sudan sanctions, and the mass killing of civilians in Darfur and elsewhere by the then Omar al Bashir government, for which BNP claims to bear no responsibility.

  Going back from the docket, neither the complaint nor the amended complaint are available to the public.

But the Rule 44.1 notice of issues of foreign law is.

Jump cut to September 9, 2022, after Judge Nathan ascended to the Second Circuit Court of Appeals. The case was reassigned to District Judge Alvin K. Hellerstein, who held a proceeding. Inner City Press again covered it.

  Now the parties described to District Judge Hellerstein how the case is being processed by Magistrate Judge Jennifer E. Willis.  Judge Hellerstein mulled when and where he will come in - on class certification and Daubert motions, he proposed. The response was that those are intertwined.

  Judge Hellerstein said to proceed before Magistrate Judge Willis, then return to him on with a proposed agenda and schedule.

On May 5, 2023 the case convened again, and Inner City Press was again there. Now there is new bloodshed in Sudan - but it was not mentioned, not only. There was discussion of Daubert motions, a summary judgement briefing schedule moved from August to September 8 due to "vacations and kids," as one of the lawyers put it. No mention of kids currently in Sudan, nor those left abandoned by largely European countries.

On November 18, 2024 the lawyers were back before Judge Hellerstein, but for a break for two criminal cases. Judge Hellerstein has said the class is all refugees or asylees admitted by the US who formerly lived in Suden or South Suden between Nov 4, 1997 and December 31, 2021. Appointed as administrator is Epid Class Action and Claims Solutions.

 Inner City Press will continue to cover the case - and the country.

The case is Kashef et al v. BNP Paribas SA et al., 16-cv-3228 (Hellerstein / Willis)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

November 14, 2024

Guilty Verdicts in Hwang Trial For Archegos $34B Meltdown Now He Wants No Jail Time

By Matthew Russell Lee, Patreon Substack

SDNY COURTHOUSE, Nov 8 –  In the wake of the Archegos meltdown, the other shoe dropped on April 27, when the US Attorney for the SDNY unsealed and indictment charging Bill Hwang Patrick Halligan, Archegos’s CFO with racketeering conspiracy, securities fraud, and wire fraud offenses.   

 Inner City Press went to the SDNY press conference to ask, What about Credit Suisse and Nomura and people in those banks? What about the massive family office loophope to the Investment Advisors Act of 1940? This has come up in the OneCoin fraud case, on which the Office used perjured testimony and now agrees to delay after delay.

 Damian William referred obliquely to Hwang doing it in the dark, but otherwise the issue - which is addressed by a pending bill in Congress - did not come up. Nor did Lisa Monaco, present in New York for the presser, address it.

On June 1, newly assigned District Judge Alvin K. Hellerstein held a conference in the case. Inner City Press attended and live tweet it here (and asked defense counsel a question later, here). Thread here.

And after, stand-up here, short Q&A here.

On June 20, 2023  Judge Hellerstein  pushed the trial back: "Trial in the above-captioned criminal matter, by request of all parties, is adjourned from January 9, 2024 to February 20, 2024 at 10:00 a.m., in Courtroom 14D. The Final Pretrial Conference will be held on February 14, 2024 at 2:30 p.m. Time is excluded in the interest of justice from January 9, 2024 to February 20, 2024 pursuant to 18 U.S.C. § 3161. SO ORDERED (Signed by Judge Alvin K. Hellerstein on 6/20/2023)."

On July 27, Hwang wrote in seeking approval of subpoenas to Goldman Sachs, Morgan Stanley, Bank of Montreal, Credit Suisse, UBS, Nomura, MUFG, Mizuho, Macquarie, Jeffries and Deutsche Bank, to show he did not "use his lawfully executed swaps to artificially impact the prices of the underlying stocks."

Jump cut to November 14, 2023 when Judge Hellerstein held an oral argument on the subpoena requests. Inner City Press attended, in mask, and tweeted, threadette:

Hwang is here at defense table, with COVID mask and foyr lawyers at table, one behind. 

Judge Hellerstein: Manipulation for manipulation is meaningless. How was it intended to make money? When? There are many different ways to hedge. I'd like to see them narrowed

 Berke: Your Honor, you've done a lot of cases, but this is the 1st one in which DOJ is charging manipulation of swaps

Judge: It's hard to defend against manipulation. Mr Berke deserves a discussion. US v Nixon provides the boundary.

Berke: Thank you

  And well he might say that - it seemed the defense won this round. He mocked what he called the prosecution's theory of "pump and brag," that Hwang did it to brag he'd built a family office into a major firm.

On January 3, 2024, still mostly masked, Judge Hellerstein said the proposed experts are qualified, that sufficient notice is the issue. He said he will follow Judge Jed Rakoff's decision in US v. Mrabet, which Inner City Press also covered.  At the end Judge Hellerstein said, with a laugh, Don't settle this case, I want to try it.

More details on Substack here

On May 1, 2024, the US Attorney's Office wrote in to specify that at trial they intend to put forward evidence about Archegos' predecessor Tiger Asia, including that the SEC banned Hwang from acting, among other things, as an investment adviser.

On May 6, Halligan's counsel wrote in that the evidence should not be admitted at trial, as little of it involves Halligan but he would be prejudiced by it.

On May 15 in the trial, Mr. Marks of Operations testified about reports only to Bill and Patrick, then Mr. Jones about flying from Dallas amid the meltdown. Thread here

On May 21, the US insisted that evidence of Hwang's "decision not to reimburse employees for lost deferred compensation" should remain in evidence before the jury."

Full letter on Patreon here.

On May 22, Inner City Press live tweeted cross examination of cooperator Becker, here. In the midst of it, an announcement by Judge Hellerstein of the birth of a baby, and applause in the courtroom (it's in the thread).

On May 23, Becker continued - from the thread:

Becker is asked about his message, "Whatevs, we'll just roll with it."

Counsel: Turning to your lost vacation days, Mr. Becker, you felt you had never worked harder than at Archegos, isn't that true? Becker: Yes.

Counsel: You had 3 weeks of vacation - couldn't carry it over and you were angry, right? Becker: Correct.

Halligan's lawyer: You didn't want Mr. Halligan involved in your project, did you? He called you careless-

Judge Hellerstein: Haven't we gone over this? It's done. Finished. Halligan's lawyer: You felt he didn't show appreciation Judge Hellerstein: Move on

 Now re-direct: AUSA: Mr. Becker, Mr. Berke didn't show you this sheet, did he? Objection! Overruled. Becker: He didn't.

 AUSA: You were asked some questions about conversations with Mr. Halligan. Why was it so frantic? Let me off this March 23 chat, 3745

 Judge Hellerstein: Jurors, have a good weekend. [Jurors leave] Defense: Can we discuss schedule for next week? Judge: Tues and Wed 10 to 5. Can't say about Thursday. Government, how are we doing?

AUSA: We expected Becker 1 week, on schedule

Judge Hellerstein: Done in 2 weeks? AUSA: That's aggressive.  Adjourned.

On May 28, the US Attorney's Office filed a letter seeking permission in advance to ask "what if you had known" questions of the type blessed by the 2d Circuit in US v. Cuti (2013), starting with Bank of Montreal's Joseph Boccuzzi on May 29. Letter on Patreon here

...

On July 10, after Inner City Press monitored the courtroom and lawyers' answers to jury questions, at 4 pm, live tweeted the (guilty) verdicts, thread:

Now in US v. Hwang courtroom, Hwang has moved next to his lawyer Berke.  All rise! Judge Hellerstein: We have a note. It reads, "The jury has reached a verdict." Call them out. Jury coming in! [Hwang has his hands folded in front of him]

Judge Hellerstein: Ms. Jones, please take attendance. [12 names are read out, all say present] Judge Hellerstein: Ms. Jones, please take the verdict from Ms. Pope for my inspection.

Judge Hellerstein: Ms. Jones, please return it to Ms. Pope and ask her to sign it, as foreperson. Please date it. Today's the 10th and the time, 4:34.

Ms. Jones, take the verdict please. Ms Jones: how do you find Defendant Hwang? Foreperson (softly) Guilty

Judge Hellerstein: For both Mr. Hwang and Mr. Halligan, poll the jury. Ms. Jones: Count 1, RICO as to Hwang, guilty. Is that your verdict? [15 times yes] Ms. Jones: Count 1, RICO as to Halligan, guilty. Is that your verdict? 15 Yes

Count 3, Market Manipulation, Viacom CBS - Guilty. Is that your verdict? All say Yes - 15

Count 4, Market Manipulation, Discover Communication, Guilty.  15 Yes.

 [US v. Hwang and Halligan] Count 5: Guilty. Count 6, GSX, Guilty. Count 7, IQI... Hwang, NOT Guilty. 15 confirm. Count 8, Guilty. 15 yes. Count 9, Guilty; 15 yes. Count 10, Securities fraud, counterparties. Hwang, Guilty. 15 yes.

[Verdict sheet will go on ECF, we'll screenshot it] Judge Hellerstein: Jurors I discharge you - you even fought to keep your place on the jury.  [Jurors leave] Judge Hellerstein: It's been a difficult trial. Motions due in 14 days. Sentencing date Oct 1, 10 am

 Hwang's lawyer Berke: Due to some of the issues in the case could we have November? Judge Hellerstein: October 22. Berke: We may seek an adjournment. How about December? Judge Hellerstein: Too long. October 22 at 10 am.

Judge Hellerstein: Bail? AUSA Thomas: The government has no application [not asking for remand or any changes]

 Judge Hellerstein: Sentencing October 28, now, a Monday, at 2:30 pm.  Adjourned

It was delayed. On November 8, Hwang's lawyers wrote in asking for a "non-custodial" sentence in a 70 page memo, citing among other things age and health.

Back on March 21, 2023 Judge Hellerstein held an hour and a half proceeding in which he denied more than a dozen motions by Team Hwang. Inner City Press was there and live tweeted, thread here.

More including on Halligan on Substack here.

  Later  - after re-up of book and talk to NYU Journalism School, here and here - in the SDNY Magistrate a defendant was detained until trial, charged as a felon in possession. We'll have more, much more, on this.

The case is US v. Hwang, 22-cr-240 (Hellerstein)

November 11, 2024

Mashinsky of Celsius Wins Order to Depose 4 Witnesses But Not to Delay Trial Nor Dismiss

by Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Nov 7 – After Alexander Mashinsky of Celsius was arrested on July 13, US Attorney Damian Williams held a press conference, and Inner City Press asked him to explain his  thinking in agreeing to release on bail for Sam Bankman-Fried but demanding and obtaining  pre-trial detention of Avi Eisenberg.  

 US Attorney Williams responded that every case is different. Inner City Press asked if his office would be seeking the detention of, or agreeing to release, Mashinsky. He declined to say either way, saying you will soon see.

On September 13, Mashinsky's lawyers put in a memo - and 56 sealed exhibits, see here on Patreon - asking for six witnesses (Yarden Noy, Yaron Shalem, Ron Sabo, Johannes Treutler, Daniel Leon, and named co-defendant Roni Cohen Pavon) and noting that the US Attorney's Office Pimintel letter put his guideline sentence if convicted trial as 115 years.

On November 7, an oral arguments (Inner City Press live tweeted here) at the end of which Judge Koeltl granted a motion to preserve the testimony of / depose four witnesses, but not so as to delay the trial; Mashinsky's motion to dismiss two counts was denied. Later Inner City Press saw him, along carrying two legal briefs, going into Pre-Trial Services on the 5th floor.

More on Substack here

  The case is US v. Mashinsky, et al., 23-cr-347 (Koeltl)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.


November 4, 2024

Webster Bank Is Sued for Unscrupulous Loans on NJ Property by BankESB in SDNY

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Oct 31 – Webster Bank is being sued for unscrupulous loans, in the U.S. District Court for the Southern District of New York which Inner City Press closely covers.

     The lawsuit, by the former Easthampton Savings Bank now known as BankESB, was assigned out to SDNY District Judge John G. Koeltl on October 31, 2024. It states that Webster’s predecessor pitched a participation to it in 2020 in a leasehold office property in New Jersey clled American Metro Center or AMC.

  It says, "Webster has consistently mismanaged the Webster loan." BankESB asks for recission and $500,000. 

 The case is BankESB v. Webster Bank, N.A., 1:24-cv-8268 (Koeltl)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

October 28, 2024

Turkey Halkbank Not Immune 2d Cir Decides Again After Supreme Court Now Back to SDNY

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Oct 21 – Turkey's Halkbank has officially given up its strategy of refusing to official appear in the US criminal case against it, and on February 25, 2020 appeared and agreed to be indicted. Inner City Press live tweeted it here and below.

 On April 12, 2021 with the case stayed pending appeal, a three-judge panel of the Second Circuit heard the arguments. Inner City Press live tweeted it, here: [& fast podcast here]

On October 22, 2021, the Second Circuit ruled that Halkbank is NOT immune. And see below.

On December 21, Halkbank filed more than 30 pages with the Second Circuit, seeking a stay pending appealing to Supreme Court. Full filing on Patreon here.

Halkbank was indicted for Iran sanctions violations and money laundering in the U.S. District Court for the Southern District of New York.

Jump cut to April 8, 2024 when DOJ in a civil case filed a motion to intervene in and stay, and a request to move the civil case to Judge Berman with the criminal case, in Hughes, et al. v. Halkbank, et all, 23-cv-6481.  In that case, 151 Americans are suing for death or injuries by Al Qaeda in Afghanistan from 2012 to 2020 and in Syria 2012 to 2013.

April 8, 2024 letter on Patreon here

On October 22, after going up to the Supreme Court, the Second Circuit ruled "because Halkbank is being prosecuted in the United States for its alleged criminal activity related to its commercial activities as charged in the indictment, we defer to the Executive Branch’s determination, through the U.S. Department of Justice, that Halkbank should not be afforded immunity in this case. Accordingly, we AFFIRM the order of the district court and REMAND for further proceedings consistent with this opinion."

The criminal case is US v. Turkiye Halk Bankasi A.S., 15-cr-867 (Berman) The appeal number is 20-3499

The civil case in which DOJ has moved to intervene, stay and consolidate is
Hughes, et al. v. Halkbank, et all, 23-cv-6481 (Vyskocil)


October 21, 2024

Opposing Capital One FFW Watch Raised Case of Customer Info to Meta Fed Thumbs Nose

by Matthew R. Lee

SOUTH BRONX, Oct 18 – Capital One has applied to buy Discover, in an anticompetitive deal that should be rejected by regulators if they mean what they have been saying.

On September 4, Fair Finance Watch and Inner City Press submitted supplemental opposition to the regulators, including about a newly filed class action that "demonstrates Capital One's outrageous, illegal, and widespread practice of disclosing—without consent—the Nonpublic Personal Information1 and Personally Identifiable Financial Information2 (together, “Personal and Financial Information”) of Plaintiffs and the proposed Class Members to third parties, including Meta, Google, Microsoft,  DoubleClick, NewRelic, Adobe, Everest, Skai/Kenshoo, Snowplow, BioCatch, Tealium, and possibly others."

Does the Fed care? On October 18, they wrote to FFW: "For this proposal, the initial public comment period was extended until July 24, 2024. Because your letter was received after the end of the public comment period, it will not be made a part of the record of this case unless the Board in its sole discretion determines to consider your late comments." Unreal.

October 14, 2024

Toronto Dominion for Money Laundering Pays $3B First Horizon Denied Why Not Capital One

by Matthew R. Lee

SOUTH BRONX, Oct 10 – Toronto Dominion had to walk away from its planned merger with First Horizon, due to then unspecified regulatory issues. Now on October 10, the Federal Reserve has announced it had "fined Toronto-Dominion Bank $123.5 million for violations related to anti-money laundering laws. This action is being taken in conjunction with criminal and regulatory actions that are being taken by the U.S. Department of Justice, the U.S. Attorney's Office for the District of New Jersey, the Department of the Treasury's Financial Crimes Enforcement Network, and the Office of the Comptroller of the Currency. The penalties announced by the agencies total approximately $3.09 billion." Ah.

October 7, 2024

Inner City Press Asks IMF of China Murky Loans Kenya Graft Review and Egypt Timing

by Matthew Russell Lee, Patreon Book Substack

NYC, Oct 3– When the IMF held its press briefing on October 3, Inner City Press was able to ask the spokesperson three questions:  on Kenya and governance / corruption review, on China's murky emergency loans to lower income countries, and the 4th IMF review of Egypt's program.

On Kenya, what is the IMF's response to reported pressure on Kenya to request an IMF assessment of corruption and governance issues as part of a push to unlock lending that has been stalled by the shelving of tax hikes?

On Egypt, can you confirm that the IMF has postponed the fourth review of Egypt's economic reform for the loan program to November?

What is the IMF's response to US Treasury official Brent Neiman saying, as to China, "we must make sure the result is the expansion of transparent, credible and on-budget financing flows or debt relief to countries undertaking reforms, not potentially damaging forms of lending"?

The spokesperson Julie Kozack's replies included that the timing on Egypt hasn't changed, that a list of countries in governance review will be provided - and it was, here, including Cameroon

Q&A: Inner City Press Asks IMF of China Murky Loans (Neiman speech), Kenya Graft / "Governance" Review (1st video below) and Egypt 4th Review Timing - Story: https://t.co/1PKZwnR9Oy pic.twitter.com/IF4UQkMZSV

— Inner City Press (@innercitypress) October 3, 2024


and that the US's - and others' - in put is welcome, including in connection with the Bretton Woods organizations' 80th birthday. More video coming on IMF's website.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

September 30, 2024

After SBF 25 Years Caroline Ellison Asked for No Jail Time Gets 2 Years Minimum Security

by Matthew Russell Lee

SDNY COURTHOUSE, Sept 24 – On the US v Sam Bankman-Fried trial, hours after the guilty verdict, a book was published: "Crypto Criminal: The Conviction of Sam Bankman-Fried: As live tweeted and investigated from inside the SDNY courthouse by Matthew Russell Lee," audio/book here.

  On March 28, 2024, Inner City Press live tweeted his sentencing, to 25 years.

On September 9 cooperator Caroline Ellison's counsel filed a letter that "Ms. Ellison seeks leave to redact the names of certain people. Counsel for the government consents to this request." Document on Patreon here.

  Late on September 9 Inner City Press submitted opposition to sealing. Judge Kaplan docketed the filing on September 10. See here and, on DocumentCloud, here. If SBF's suretors were unsealed, how not these eigth supporters?

Just before midnight on September 10 Ellison's lawyers filed a 60+ page memo, with redactions, asking for... no jail time, time served. Filing on Patreon here.

On September 17, amid the Sean Combs detention hearing, the US Attorney's Office filed that "the Government intends to move at sentencing, pursuant to Section 5K1.1 of the U.S. Sentencing Guidelines(the “Guidelines” or “U.S.S.G.”), that the Court sentence Ellison in light of the factors set forth in Section 5K1.1(a) of the Guidelines." Letter on Patreon here.

On September 24 after praise from the AUSA and Judge, Ellison was sentenced to 24 months, minimum security.

Watch this site.

More on X for Subscribers here, Substack here

This case is US v. Bond, 24-cr-494 (Daniels)

We'll have more on this.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.


September 23 2024

Mashinsky of Celsius Wants 6 Witnesses as US Estimates His Guidelines at 115 Years

by Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Sept 13 – On Mashinsky Feb 15 Conflict Hearing Set After His Lawyers Appear for SBF SentencingAfter Alexander Mashinsky of Celsius was arrested on July 13, US Attorney Damian Williams held a press conference, and Inner City Press asked him to explain his  thinking in agreeing to release on bail for Sam Bankman-Fried but demanding and obtaining the ongoing pre-trial detention of Avi Eisenberg and Miles Guo.  

 US Attorney Williams responded that every case is different. Inner City Press asked if his office would be seeking the detention of, or agreeing to release, Mashinsky. He declined to say either way, saying you will soon see.

On February 20 Inner City Press attended, thread

On September 13, Mashinsky's lawyers put in a memo - and 56 sealed exhibits, see here on Patreon - asking for six witnesses (Yarden Noy, Yaron Shalem, Ron Sabo, Johannes Treutler, Daniel Leon, and named co-defendant Roni Cohen Pavon) and noting that the US Attorney's Office Pimintel letter put his guideline sentence if convicted trial as 115 years.

More on Substack here

  The case is US v. Mashinsky, et al., 23-cr-347 (Koeltl)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

September 16, 2024

After SBF Got 25 Years Salame Got 90 Months now Grilled if SDNY Assurance about Bond

by Matthew Russell Lee

SDNY COURTHOUSE, Sept 12 – On the US v Sam Bankman-Fried trial, hours after the guilty verdict, a book was published: "Crypto Criminal: The Conviction of Sam Bankman-Fried: As live tweeted and investigated from inside the SDNY courthouse by Matthew Russell Lee," audio/book here.

  On March 28, 2024, Inner City Press live tweeted his sentencing, to 25 years.

On May 28 Salame was "sentenced to 90 months."

On August 21, Salame filed that "the Government used the plea negotiations to threaten Salame’s domestic partner and the mother of his child, Michelle Bond." Full filing on Patreon here.

 On August 22, after Inner City Press published a curtain raiser on Michelle Bond being presented in SDNY Mag court, this: "the unsealing of an Indictment today charging MICHELLE BOND.

On August 29, Saleme purported to withdraw his motion. Filing on Patreon here.

 But Judge Kaplan reiterated that papers and appearance are required. On September 5 the US Attorney's Office opposed, and submitted notes from talks with Salame's lawyers, including "charged FCPA Chinese bribery scheme. You previously said RS was generally aware that an account on a Chinese exchange was frozen and FTX/Alameda made a payment of $50M.  Our understanding is that he used the PII of people he identified as Thai prostitutes to open the accounts." Document on Patreon here.

On September 12, Judge Kaplan grilled Salame about his allocution, then took things under advisement.

More on X for Subscribers here, Substack here

This case is US v. Bond, 24-cr-494 (Daniels)

We'll have more on this.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.


September 9, 2024

As Binance and Iran Sued by Oct 7 Victims in SDNY Now Plaintiff Cite Unsealed Hamas Case

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Sept 6 – People taken hostage by Hamas on October 7, 2023 and other victims of that massacre on January 31 sued Iran, Syria and Binance and its founder in the U.S. District Court for the Southern District of New York.

  Binance founder CZ is facing sentencing in a case that Inner City Press is reporting on as it will on this one.

 Here, the complaint asserts that Binance "processed numerous transactions associated with Hamas, providing a clandestine financing tool that Binance deliberately hid from U.S. regulators." Its DOJ / OFAC settlement is quoted from.

It is notably that UNRWA has not been sued, despite a dozen staffers actually participating in the October 7 massacre. The UN is only not sued due to its claims of total legal impunity.

On February 1, the case was wheeled out / assigned to District Judge John G. Koeltl, who also has, among many others, the case of the Julian Assange visitors (to Ecuador's embassy in London) against the CIA...

On February 2, Judge Koeltl set an initial conference... for July 2, 2024. The date was postponed, as Binance moved to dismiss.

On July 12 the plaintiff opposed Binance's motion to dismiss, arguing that Binance "knew Hamas, PIJ and the affiliates were transacting on Binance. Defendants' internal communications - epitomized by jokes and deliberate indifference - demonstrate this."

  Unlike Binance, the UN's UNRWA which has also been sued for facilitating October 7, and has since admitted at least nine staff may have participated, claims immunity / impunity.

On September 6, the plaintiffs raised to Judge Koeltl the unsealed case against Hamas officials: "LETTER MOTION for Leave to File Sur-Reply and to provide the Court with notice of the DOJ's Unsealed Complaint in the related matter of United States of America v. Haniyeh et al., 24-MAG-438 (S.D.N.Y.) addressed to Judge John G. Koeltl from Jake Nachmani on behalf of Plaintiffs dated September 6, 2024 ."

More analysis here (X subscribers) and on Substack here

 This case is Raanan, et al., v. Binance Holdings Limited, et al., 24-cv-697 (Koeltl)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.


September 2, 2024

After SBF Got 25 Years Salame Got 90 Months Despite Withdrawn Motion Judge Says Sept 12

by Matthew Russell Lee

SDNY COURTHOUSE, Aug 29 – On the US v Sam Bankman-Fried trial, hours after the guilty verdict, a book was published: "Crypto Criminal: The Conviction of Sam Bankman-Fried: As live tweeted and investigated from inside the SDNY courthouse by Matthew Russell Lee," audio/book here.

  On March 28, 2024, Inner City Press live tweeted his sentencing, to 25 years.

On May 28 Salame was "sentenced to 90 months."

On August 21, Salame filed that "the Government used the plea negotiations to threaten Salame’s domestic partner and the mother of his child, Michelle Bond." Full filing on Patreon here.

 On August 22, after Inner City Press published a curtain raiser on Michelle Bond being presented in SDNY Mag court, this: "the unsealing of an Indictment today charging MICHELLE BOND with conspiring to cause and causing unlawful campaign contributions in connection with her unsuccessful run for Congress in 2022."

On August 29, Saleme withdrew his motion: "Mr. Salame is withdrawing the Petition." Filing on Patreon here.

But later on August 29, "ORDER as to Ryan Salame. Notwithstanding defendant's purported withdrawal without prejudice... the parties shall file the papers contemplated by the Court's order of August 21, 2024 on the schedule there set forth. Counsel shall appear for argument on September 12, 2024 as scheduled. Defendant's presence is required and his compliance with this requirement hereby is made a condition of his continued release on bail pending voluntary surrender. (Signed by Judge Lewis A. Kaplan on 8/29/2024)."

Aug 29 extra on X for Subscribers here, Substack here

This case is US v. Bond, 24-cr-494 (Daniels)

We'll have more on this.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.


August 26, 2024

After SBF Got 25 Years Salame Got 90 Months Then Motion now Michelle Bond Indicted

by Matthew Russell Lee

SDNY COURTHOUSE, Aug 22 – On the US v Sam Bankman-Fried trial, hours after the guilty verdict, a book was published: "Crypto Criminal: The Conviction of Sam Bankman-Fried: As live tweeted and investigated from inside the SDNY courthouse by Matthew Russell Lee," audio/book here.

  On March 28, 2024, Inner City Press live tweeted his sentencing, to 25 years.

On May 28 Salame was "sentenced to 90 months."

On August 21, Salame filed that "the Government used the plea negotiations to threaten Salame’s domestic partner and the mother of his child, Michelle Bond." Full filing on Patreon here.

 On August 22, after Inner City Press published a curtain raiser on Michelle Bond being presented in SDNY Mag court, this: "the unsealing of an Indictment today charging MICHELLE BOND with conspiring to cause and causing unlawful campaign contributions in connection with her unsuccessful run for Congress in 2022."

More on X for Subscribers here, Substack here

August 19, 2024

In Suit Against Cairo Amman Bank For Hamas Briefing Due on Supreme Court Twitter Case

By Matthew Russell Lee

SDNY COURTHOUSE, Aug 15 – Julie Averbach sued Cairo Amman Bank for allegedly helping Hamas, by transferring its and its leaders' money through JPMorgan Chase, BNY Mellon and Standard Chartered Bank; it had a correspondent banking relationship with Citibank. 

On January 19, 2023 U.S. District Court for the Southern District of New York Magistrate Judge Katharine H. Parker held a proceeding. Inner City Press covered it. 

 The complaint describes a Hamas bombing in Jerusalem.

On January 19, Judge Parker ordered that the plaintiffs must provide the defendants with an updated chart of transactions.

Jump cut 20 months forward to August 15, 2024, another conference, which Inner City Press covered, thread

Judge: It has been raised how the Twitter decision on aiding and abetting impacts this case.

Cairo Amman Bank's lawyer: We anticipate the plaintiffs' filing a third amended complaint. Judge: Discovery? CAB's lawyer: One of our experts has a death in the family Cairo Amman Bank's lawyer: Some we need to reach are in areas that are hard to reach right now... Plaintiffs' lawyer: We prefer to brief the Twitter v. Taamneh issues just once, on a Rule 56 motion.

Judge: File a proposed new schedule next week.

The case is Averbach et al v. Cairo Amman Bank, 19-cv-4 (Woods / Parker)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

August 12, 2024

US Sued Javice For Fooling JPMC So She Subpoenaed Chase Now Rulings on Privileges

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Aug 6 – JPMorgan Chase bought a start-up called Frank, which claimed to have 4 million students signed up to file their FAFSA forms, for $175 million. Then Chase learned Frank had only 300,000 customers.

On April 4, 2023, Frank founder Ms. Charlie Javice was brought before U.S. District Court for the Southern District of New York Magistrate Judge Barbara C. Moses, represented by Quinn Emanuel. 

 The complaint quotes Javice messages with the engineers she hired to create the false data, and to enter in data she bought on the open market. To one of them, she is quoted, "We don't want to end up in orange jumpsuits."  

 In the tri-state, it is Westchester County Department of Corrections in Valhalla that dresses its inmates in orange. MDC Brooklyn uses beige; Essex County Corrections Facility in New Jersey uses yellow.

   In any event, white collar defendant Javice, who took on an appropriately or strategically contrite look on Worth Street still barricaded for the nearby state court arraignment of former President Donald Trump, was freed on $2 million bond, travel restricted to SDNY and EDNY and the Southern District of Florida, where she lives.

On May 18, Javice was indicted on bank, wire and securities fraud counts, and the case assigned to District Judge Alvin K. Hellerstein.

In June the US prosecutors sought to intervene in and stay the SEC's case against Javice. Inner City Press attended and covered the oral argument and now first reports that Judge Lewis J. Liman has granted the motions to intervene and stay, noting among other things that "Javice will have access to a vast amount of material usable in the civil case through the means of Rule 16 discovery in the criminal case. That discovery will include virtually all of the SEC’s investigative file. And it will include documents from at least 30 different third parties. She has not made a convincing case that she needs more document discovery to be prepared to move quickly in this case when the criminal case is resolved and the stay is lifted."

The (stayed) civil case is Securities and Exchange Commission v. Javice et al, 23-cv-2795 (Liman)

On July 13, Javice and her co-defendant were arraigned, and Judge Hellerstein asked why JPMC didn't find the fraud in due diligence. Inner City Press was there, thread:

All rise!

Judge: How do you plead? Javice: Not guilty. Judge: How do you pronounce your name? Javace? Javice: "Jah-veese."

Judge: And Mr Amar?

Amar (takes off COVID mask still required in this courtroom) Not guilty

 Judge Hellerstein: I'm puzzled, why didn't JP Morgan Chase figure this out during due diligence? AUSA: They created fake data. [Javice is shaking her head No, pink cardigan tied over her shoulders]

 Judge: Defense wants a delay? Spiro: The US is just regurgitating JPM Chase's civil case. AUSA: Mr Spiro is confused about Rule 16. Judge: Can you subpoena JPMC? AUSA: We'd have to see if that complies with Rule 17. Judge to AUSA: Why don't *you* subpoena JPMC?

 AUSA: We'll be getting it. Judge: We'll meet in 30 days. August 15 at 11 am.  I'll sent a motion schedule at that time. Adjourned.


On July 27, the prosecutors wrote it to say they are unavailable on August 15, and that the Court said it would be available on September 20. But Javice will not consent to exclude Speedy Trial Act time until then. Letter on Patreon here.

On August 23, Inner City Press was there. Thread.

  On September 26, Judge Hellerstein held a conference and ordered: "Briefing schedule: Deft's by 10/13; Govt's by 10/27; Hearing set for 11/2/23 at 2:30 p.m.; Time excluded until 11/2/23; in the interest of justice; Stat. conf. previously set for 10/24/23 is adjourned; Defts. cont'd. on bail."

On November 7 Judge Hellerstein set a trial date of October 15, 2024.

On November 10 - Veteran's Day - Javice's lawyers filed "On November 9, 2023, I served a subpoena to JPMorgan Chase Bank, N.A. (“JPMC”), issued pursuant to Federal Rule of Criminal Procedure 17(c) (the “JPMC Subpoena”), by email to Ms. Kristy Greenberg, partner at Hogan Lovells US LLP, and counsel for JPMC. 3. Also on November 9, 2023, Ms. Greenberg responded confirming that she was willing and authorized to accept service of the JPMC Subpoena by email on behalf of JPMC."

On August 6 there was a hearing, or a series of Judge Hellerstein rulings, on privilege claims. Inner City Press was there. Thread:

Judge Hellerstein: I will read and rule on these messages chronologically... Setting up a call, not privileged. Next, about options, it's advice, it's privileged.

Judge: Counsel, how do I pronounce your name? A: There are at least 2 ways...

Judge: This one involves lawyers, but it is not advice. It is not privileged.

And so on.

  This case is US v. Javice, et al., 23-cr-251 (Hellerstein)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.


August 5, 2024

SouthState Lending Disparities Trigger CRA Challenge to Independent Merger Application

by Matthew R. Lee, Patreon Substack

SOUTH BRONX / SDNY, Aug 2 – When First Republic Bank failed / was given to JP Morgan Chase, a small list of other regional banks came into focus as in danger, banks whose lending Inner City Press and Fair Finance Watch had been scrutinizing, even more so that the 2023 data is out.

  This week Inner City Press filed with the Fed, a timely first comment on, the Applications of SouthState Corporation to merge with Independent Bank Group, Inc., and Independent Bank.  

  SouthState in South Carolina in 2023 - data not yet included in any CRA exam - made 5013 mortgage loans to whites, and only 228 loans to African Americans. Meanwhile it denied only 670 applications from whites, and fully 195 from African Americans. SouthState should be referred to DOJ.  

  SouthState in North Carolina in 2023 - data not yet included in any CRA exam - made 1334 mortgage loans to whites, and only FIFTY SEVEN loans to African Americans. Meanwhile it denied only 173 applications from whites, and fully 20 from African Americans. 

   SouthState in Florida in 2023 - data not yet included in any CRA exam - made 2755 mortgage loans to whites, and only 165 loans to African Americans. Meanwhile it denied only 958 applications from whites, and fully 69 from African Americans.  

  SouthState in Georgia in 2023 - data not yet included in any CRA exam - made 1176 mortgage loans to whites, and only 318 loans to African Americans. Meanwhile it denied only 304 applications from whites, and fully 88 from African Americans.  

  SouthState in Alabama in 2023 - data not yet included in any CRA exam - made 945 mortgage loans to whites, and only FIFTY ONE loans to African Americans. Meanwhile it denied only 87 applications from whites, and fully 17 from African Americans. SouthState should be referred to DOJ.   

 Nationwide in 2023, SouthState made 7798 mortgage loans to whites, and only 947 loans to African Americans. Meanwhile it denied only 2491 applications from whites, and fully 558 from African Americans.  

  Why would regulators even consider approving its expansion?  Inner City Press is requesting an extension of the public comment period, public / virtual evidentiary hearings and that, on the current record, the applications not be approved

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.


July 29, 2024

After SBF Sentenced to 25 Years Now Delay In Getting Funds Back from PACs in DC

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, July 26 – On the US v Sam Bankman-Fried trial, hours after the guilty verdict, a book was published: "Crypto Criminal: The Conviction of Sam Bankman-Fried: As live tweeted and investigated from inside the SDNY courthouse by Matthew Russell Lee," audio/book here.

  On March 28, 2024, Inner City Press live tweeted his sentencing, to 25 years.

On May 21, the US Attorney's Office on Salame asked for a sentence between five to seven years. 28 page filing on Patreon here.

On May 28 Salame was "sentenced to a term of imprisonment of 60 months on Count (S7)One, and 60 months on Count (S7)Two; the term on Count (S7)Two shall run concurrently with the last 30 months on Count (S7)One, for an aggregate term of imprisonment of 90 months."

On July 26 the US Attorney's Office requested and got a delay from July 26 to September 8 on the forfeitability of funds sent to FF USA PAC, Emily's List, House Majority PAC, Senate Majority PAC and GMI PAC, letter and order on Patreon here.

More on X for Subscribers here, Substack here

We'll have more on this.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.


July 22, 2024

Coinbase Presses for Gary Gensler Personal Email Only While SEC Chair Brief Due July 23

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, July 15 –   Coinbase in the SEC's case against it is seeking access to Chairman Gary Gensler's personal device and private emails, including from before he chaired the SEC.

On July 11 U.S. District Court for the Southern District of New York Judge Katherine Polk Failla held a hearing. Inner City Press live tweeted it, thread.

On July 15, Coinbase wrote in to drop its request for Gensler's emails from before he chaired the SEC, and to set a schedule: "With respect to the subpoena to Mr. Gensler, Coinbase has determined to seek the production of Mr. Gensler’s documents only for the period of his tenure as Chair of the SEC and not before that time. .. (a) Coinbase’s opening brief will be due July 23, 2024, with the brief limited to twelve pages; (b) the SEC’s opposition brief will be due August 5, with the brief limited to twelve pages, and (c) Coinbase’s reply brief will be due August 12, with the brief limited to six pages." Letter on Patreon here. 

More on X for Subscribers here & Substack here

Inner City Press will stay on the case.

The case is Securities and Exchange Commission v. Coinbase, Inc. et al., 23-cv-4738 (Failla)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

July 15, 2024

UMB Bank Application Buy Heartland Hit on Disparties & As Shaky Regional Now Spin

by Matthew R. Lee, Patreon Substack

SOUTH BRONX / SDNY, July 12 – When First Republic Bank failed / was given to JP Morgan Chase, a small list of other regional banks came into focus as in danger. Among them was UMB - a bank whose lending Inner City Press and Fair Finance Watch had been scrutinizing, and now challenge.

  UMB is asking its regulators to allow it to expand, buying Denver-based Heartland. The application, Fair Finance Watch on June 21 formally told the Fed, should not be approved.   In 2022, the most recent year for which Federal data is available, UMB Bank, N.A. made over 2000 mortgage loans to whites, and only 117 loans to African Americans.

 For every denial to an African American, it made only 2.02 loans. But for whites, for every denial it made 3.45 loans. It should be referred to DOJ.    

There is litigation, there is also this, reported at the time of Silicon Valley Bank's failure: "UMB Bank, a regional bank headquartered in Kansas City, Missouri, and with branches across the Midwest, Southwest, and Western United States, has total assets of $38 billion and deposits totaling $32 billion, according to the FDIC. However, only 16% of deposits fall under the $250,000 FDIC insurance threshold, leaving 74.11% (equivalent to $28.36 billion) vulnerable to potential losses."   

Why would regulators even consider approving its expansion? On June 21, Fair Finance Watch filed a formal Community Reinvestment Act challenge to UMB's application to the Federal Reserve, adding state by state data:

  UMB Bank in 2022 in Missouri made 842 mortgage loans to whites, and only 76 loans to African Americans. Meanwhile it denied 41 applications from African Americans, and only 257 from whites.

    UMB Bank in Colorado - in which it seeks to expand - in 2022 made 378 mortgage loans to whites, and only 13 loans to African Americans. Meanwhile it denied six applications from African Americans, and only 107 from whites.

   UMB Bank in 2022 in Texas made 78 mortgage loans to whites, and only six loans to African Americans. Meanwhile it denied two applications from African Americans, and only 27 from whites.   

  These disparities cry out for a referral to DOJ, and public hearings on, and denial of, UMB's major expansion application.

On July 8 UMB's outside counsel Davis Polk wrote in that "The average credit score of African American applicants denied due to credit history was 580, while the average originated loan applicant had a credit score of 761" and that "By March 31, 2023, prior to the quoted article’s publication, UMB Bank’s uninsured deposit liabilities constituted approximately 66.6% of all deposits, approximately 8% fewer than had been the case as of December 31, 2022 and as implied by the Comment Letter. UMB Bank’s level of uninsured deposit liabilities have remained steady since March 31, 2023 and, as noted in the Application, as of March 31, 2024, UMB Bank had total deposits of approximately $37.0 billion, of which approximately 68.4% were uninsured." Isn't that a lot?

Watch this site.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.


July 8, 2024

Flagstar Bank Is Sued For Discrimination in SDNY On a Basis Not Included in HMDA Data

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, July 5 – A Flagstar Bank employee who says her supervisor spouted homophobic remarks in Flagstar's office has sued the bank. She says that 25 days after she complained to Flagstar's human resources director, she was terminated in retaliation.

She received a right to sue letter from the EEOC and filed suit in the U.S. District Court for the Southern District of New York, which Inner City Press covers closely. It has been assigned to Judge Lewis J. Liman. 

 While Flagstar's data filed and made public under the Home Mortgage Disclosure Act indicates disparities for some protected classes, the data set does not (yet?) contain this one.

The case is Chavez-Mendoza v. Flagstar Bank, 24-cv-5057 (Liman)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.


July 1, 2024

In Menendez Trial FBI Account on M&T Bank Account and Gold in Chase Safety Deposit Box

by Matthew Russell Lee

SDNY COURTHOUSE, June 28 – Amid reports of investigation against Sen. Robert Menendez for taking gold bars, Inner City Press' sources on September 21 it to expect on Friday, September 22 an appearance in Federal court in Manhattan by Menendez and his wife Nadine Arslanian. This scoop was true.

Later a superseder was unveiled, including charges of bribes to act for Qatar...

On April 11, 2024 after Nadine Menendez and then the government asked for delay, to July or undefined, Judge Stein severed her case and reaffirmed May 6, Inner City Press thread

On Sunday night April 14 the US wrote in again asking for a delay to July, six page letter on Patreon here.

But Judge Stein told the parties to confer and report by April 16 at 1 pm. Then he set an April 17 conference, which Inner City Press live tweeted and dubbed "Berate-gate," thread

On May 13, jury selection began - but did not finish. Abit later, Menendez got into an car with FOP NJ plates.

On May 14 jury selection continued but was not yet completed, from the ending, thread

Late on May 14, the US Attorney's Office filed opposition to slides the defense wants to use in its opening arguments, including quotes from Colin Powell and MLK, and when Nadine came into possession of gold - full letter on Patreon here

Inner City Press live tweeted jury selection and then opening arguments here, then filmed Bob's exit (he said he thought it went well and that his guy did great).

On May 21, the US Attorney's Office put on Wael Hana's lawyer, then a US State Department official working on Congressional approval (or holds) on arms transfer to Egypt, thread here.

On May 23, with the trial in haitus, docketed was Menendez' lawyers opposition to quashing his subpoena for Jose Uribe's attorney proffer and communications with SDNY prosecutors, filing on Patreon here

On May 29, Inner City Press live tweeted, omitting Morton's steakhouse but including this

On May 30, Menendez's lawyer's (long) cross, including this.

On May 31, starting 1 pm, the agent was cross examined, and then USDA Ted McKinney on direct, thread

  After the trial day, Inner City Press filed Menendez' walk to his Jersey-plated car; asked why he called McKinney he said, Wait for the cross [examination].

Nadine Menendez hired a new lawyer, who previously represented Sydney Powell among others. Then this: "ORDER as to Nadine Menendez: At the request of the defendant and with the consent of the government [Doc. No. 434], the status conference is adjourned from June 10 to June 12 at 5 :00 p.m.(Signed by Judge Sidney H. Stein on 6/3/2024)."

On June 4 Judge Stein dockted a partially redacted Order in which he denied Menendez's request that the prosecutors give him impeachment material about a Confidential Human Source they are not going to call as a witness - but Menendez said he will.

On June 5, Inner City Press live tweeted - and afterward asked Menendez a question. Thread.

On June 6, after more cross of Agent Graves, Gurbir Grewal testified, thread

On June 7, after an FBI fingerprint expert, cooperator Jose Uribe, Inner City Press live tweeted, thread

On June 10, Uribe finished his direct examination around 4 pm, then counsel for Hana, not yet Menendez, began cross examination, thread.

On June 11, Uribe was cross examined - though not on the "strip club issue" after which out on Worth Street Menendez decried Uribe's crimes. Thread

On June 12, after the end of Uribe (including drunk driving and the "little bell"), US Attorney of NJ Sellinger took the stand, thread.

On June 13, trial day - and next day - was canceled by Daibes calling in with COVID: thread.

And then, book: GOLD BAR BAR Menendez Trial I, on Amazon here.

On June 18, after Daibes' COVID, things resumed with Sellinger, followed by Matt Soliman.

On June 20, alongside an FBI agent summary witness, a prosecution office witness out of order, thread.

On June 24, Menendez's staffer Sarah Arkin took the stand, from the thread

On June 25, Sarah Arkin finished up, including about upcoming job at State Department. Then, a currency (and money laundering) expert from the Federal Reserve Bank of New York. From the thread

On June 26, there testimony about currency, and then a jocular Armenian jeweler, from the thread

On June 27, the Senate Ethics Committee director, then a cell site expert, from the thread

On June 28, the last US witness, on Menendez's M&T account, and gold in Nadine's Chase Bank safety deposit box, thread:

OK - now in US v. Menendez, FBI forensic account about Bob's M&T account is last government witness; defense will allude to Anton.

All rise! [Witness is called, and sworn...] AUSA: Which accounts of Senator did you review? FBI accountant: Senate Credit Union and M&T Bank. Also, Schedule E, Rental Income, from the Senator's tax returns. 

AUSA: In this chart, how much is indicated in Menendez cash withdrawals from the Senate credit union? FBI accounting: $55,000 between 2018 and June 2022.

AUSA: If all of that were part of the money seized, how does it compare to the bills issued after 2018? Less  AUSA: How many gold bars in this chart match bars in the Daibes portfolio? FBI accountant: 13 bars, worth over $200,000. 

Cross examination. Menendez's lawyer Adam Fee: How did you first get involved in this case? FBI accountant: I was asked by the prosecutors. Fee: The summary charts, you did not prepare- FBI accountant: I reviewed them for accuracy 

Menendez' lawyer Adam Fee: I'm going to have to re-make this exhibit because I don't have Excel... Does the Senate FCU have a branch in the Hart building? FBI accountant: I have no knowledge of the Senate buildings.  Judge: We'll break.

Cross examination of FBI accountant continues. Menendez' lawyer Adam Fee: Are you aware that this Chase Bank in Engelwood NJ safe deposit box was held only by Nadine Arslanian? AUSA: We object to the scope of these questions. Judge: Let's see. FBI accountant: Yes 

Menendez's lawyer Fee: The cash deposited in the M&T account was accurately reported on the Schedule E? AUSA: Objection! Judge: Sustained. Fee: I want to understand her knowledge of the charts. Judge: But you keep asking the same questions. Go ahead 

Now Wael Hana's lawyer Lustberg: This chart has one section on Mr. Daibes, and one on Mr. Hana, right? FBI accountant: Correct... After a brief re-direct the AUSA: The government rests. Judge: Jurors, on Monday you'll see if the defense puts on a case  Jury leaves

More on X for Subscribers here and Substack here

The case is US v. Menendez, et al., 23-cr-490 (Stein)

More on Substack here

June 24, 2024

Stock Fraudster Craig Auringer Freed in SDNY Now Bauer Gets Month to Discuss Disposition

by Matthew Russell Lee, Patreon Book Substack

SDNY EXCLUSIVE, June 6 – Craig Auringer who was indicted for a $100 million pump-and-dump stock fraud was extradited in from Milan and immediately released on his own signature, an ICE detainer that was mentioned suddenly disappearing.

Inner City Press was the only media there and live tweeted:

Craig Auringer was set to be presented here in SDNY Magistrates Court and argue for bail- but there's an ICE detainer. Now his lawyers are trying to make it go away.  There's still a lot of rushing around about the ICE detainer - which Team Auringer seemed to be disbelieving or denying the existence of

DOJ previously said (no word on today's ICE detainer) that CRAIG AURINGER, a citizen of Canada who resided in the UK, participated in multiple “pump-and-dump” schemes including by coordinating stock promotion campaigns... 

 From whispered talk here in Mag court it appears they are agreeing to bail conditions with Auringer. But will he, like others are, be immediately picked up by ICE? His lawyers are looking at the courtroom clock. 4:15 pm... 

Auringer has been brought out by US Marshals, in white dress shirt with collar. Lot of whispering about this defendant and his detainer. If he was arrested in Milan and extradited, why would he unlike others have release on bail agreed to? 

Now AUSA and defense lawyer are being taken back into robing room. 

They're back. All rise! Judge: Time of arrest?

AUSA: August 24. Judge: You are charges with 9 counts... AUSA: He shall be freed on $1 million bond, secured by $100,000 cash  Defense: Those are the conditions we approved.

AUSA: He will be released today on his own signature.  No mention of the ICE detainer which was waived around 

Adjourned

By August 31 - six days later - the presentment and release of Craig Auringer was still not in the public docket of the case.

More on Substack here

Jump cut to March 29, 2024, in the Mag, thread:

OK - now in same case $100 million fraudster Craig Auringer was immediately released on in August 2023 (Inner City Press scoop), now co-D Ronald Bauer is to be presented, counsel chatting with AUSA. Inner City Press as only media here will live tweet, thread below

Bauer comes out from the holding cell in a suit jacket. His lawyer shows the AUSA what appears to be a bank check. All rise! Judge: Where was he arrested? AUSA: When he arrived at JFK airport.

AUSA: We've made notification to the United Kingdom. Judge: Your are changed with conspiracy to commit securities fraud, concealment money laundering. Defense: My client pleads not guilty to all charges. AUSA: We have agreed a bail package - a bond of $5 million

AUSA: To secured by $125,000 case, jewelry to his lawyer as bailee, and a property in Coconut Creek, Florida. Co-signed by Samantha Bauer and Martha Bauer. He can only travel to NJ, NJ, CT, MA and the UK - also FLA. Surrender UK and Canadian passports to lawyers

 AUSA: Released today on his signature but cannot leave for the UK until the property is posted.  Defense: He needs at least one passport today. He would like to go down to Florida, he needs his passport to get on the plane. AUSA: As long as the cash is posted

 Judge: He'll get his Canadian passport, that's what we're saying? AUSA: Yes.  Judge: No contact with co-defendants [from Inner City Press research, not only Craig Auringer but also Peter Mihaylov and Daniel Ferris - and more?]

On May 30 on Bauer, the US Attorney's Office wrote in and asked for an extra month for discovery, "to give the parties additional time to discuss a potential disposition of this matter."

More on X for Subscribers here & Substack here

 The case is US v. Auringer, 22-cr-155 (Engelmayer)


***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.


June 17, 2024

In Hwang Trial For Archegos $34B Meltdown Halligan Says Bank of America Witness Too Late

By Matthew Russell Lee, Patreon Substack

SDNY COURTHOUSE, June 14 –  In the wake of the Archegos meltdown, the other shoe dropped on April 27, when the US Attorney for the SDNY unsealed and indictment charging Bill Hwang Patrick Halligan, Archegos’s CFO with racketeering conspiracy, securities fraud, and wire fraud offenses.   

 Inner City Press went to the SDNY press conference to ask, What about Credit Suisse and Nomura and people in those banks? What about the massive family office loophope to the Investment Advisors Act of 1940? This has come up in the OneCoin fraud case, on which the Office used perjured testimony and now agrees to delay after delay.

 Damian William referred obliquely to Hwang doing it in the dark, but otherwise the issue - which is addressed by a pending bill in Congress - did not come up. Nor did Lisa Monaco, present in New York for the presser, address it.

On June 1, newly assigned District Judge Alvin K. Hellerstein held a conference in the case. Inner City Press attended and live tweet it here (and asked defense counsel a question later, here). Thread here.

And after, stand-up here, short Q&A here.

On June 20, 2023  Judge Hellerstein  pushed the trial back: "Trial in the above-captioned criminal matter, by request of all parties, is adjourned from January 9, 2024 to February 20, 2024 at 10:00 a.m., in Courtroom 14D. The Final Pretrial Conference will be held on February 14, 2024 at 2:30 p.m. Time is excluded in the interest of justice from January 9, 2024 to February 20, 2024 pursuant to 18 U.S.C. § 3161. SO ORDERED (Signed by Judge Alvin K. Hellerstein on 6/20/2023)."

On July 27, Hwang wrote in seeking approval of subpoenas to Goldman Sachs, Morgan Stanley, Bank of Montreal, Credit Suisse, UBS, Nomura, MUFG, Mizuho, Macquarie, Jeffries and Deutsche Bank, to show he did not "use his lawfully executed swaps to artificially impact the prices of the underlying stocks."

Jump cut to November 14, 2023 when Judge Hellerstein held an oral argument on the subpoena requests. Inner City Press attended, in mask, and tweeted, threadette:

Hwang is here at defense table, with COVID mask and foyr lawyers at table, one behind. 

Judge Hellerstein: Manipulation for manipulation is meaningless. How was it intended to make money? When? There are many different ways to hedge. I'd like to see them narrowed

 Berke: Your Honor, you've done a lot of cases, but this is the 1st one in which DOJ is charging manipulation of swaps

Judge: It's hard to defend against manipulation. Mr Berke deserves a discussion. US v Nixon provides the boundary.

Berke: Thank you

  And well he might say that - it seemed the defense won this round. He mocked what he called the prosecution's theory of "pump and brag," that Hwang did it to brag he'd built a family office into a major firm.

On January 3, 2024, still mostly masked, Judge Hellerstein said the proposed experts are qualified, that sufficient notice is the issue. He said he will follow Judge Jed Rakoff's decision in US v. Mrabet, which Inner City Press also covered.  At the end Judge Hellerstein said, with a laugh, Don't settle this case, I want to try it.

More details on Substack here

On May 1, 2024, the US Attorney's Office wrote in to specify that at trial they intend to put forward evidence about Archegos' predecessor Tiger Asia, including that the SEC banned Hwang from acting, among other things, as an investment adviser.

On May 6, Halligan's counsel wrote in that the evidence should not be admitted at trial, as little of it involves Halligan but he would be prejudiced by it.

On May 15 in the trial, Mr. Marks of Operations testified about reports only to Bill and Patrick, then Mr. Jones about flying from Dallas amid the meltdown. Thread here

On May 21, the US insisted that evidence of Hwang's "decision not to reimburse employees for lost deferred compensation" should remain in evidence before the jury."

Full letter on Patreon here.

On May 22, Inner City Press live tweeted cross examination of cooperator Becker, here. In the midst of it, an announcement by Judge Hellerstein of the birth of a baby, and applause in the courtroom (it's in the thread).

On May 23, Becker continued - from the thread:

Becker is asked about his message, "Whatevs, we'll just roll with it."

Counsel: Turning to your lost vacation days, Mr. Becker, you felt you had never worked harder than at Archegos, isn't that true? Becker: Yes.

Counsel: You had 3 weeks of vacation - couldn't carry it over and you were angry, right? Becker: Correct.

Halligan's lawyer: You didn't want Mr. Halligan involved in your project, did you? He called you careless-

Judge Hellerstein: Haven't we gone over this? It's done. Finished. Halligan's lawyer: You felt he didn't show appreciation Judge Hellerstein: Move on

 Now re-direct: AUSA: Mr. Becker, Mr. Berke didn't show you this sheet, did he? Objection! Overruled. Becker: He didn't.

 AUSA: You were asked some questions about conversations with Mr. Halligan. Why was it so frantic? Let me off this March 23 chat, 3745

 Judge Hellerstein: Jurors, have a good weekend. [Jurors leave] Defense: Can we discuss schedule for next week? Judge: Tues and Wed 10 to 5. Can't say about Thursday. Government, how are we doing?

AUSA: We expected Becker 1 week, on schedule

Judge Hellerstein: Done in 2 weeks? AUSA: That's aggressive.  Adjourned.

On May 28, the US Attorney's Office filed a letter seeking permission in advance to ask "what if you had known" questions of the type blessed by the 2d Circuit in US v. Cuti (2013), starting with Bank of Montreal's Joseph Boccuzzi on May 29. Letter on Patreon here

May 29 ended with a dispute about a government chart, long and short positions, which Hwang's lawyer Berke called argumentative, from the thread:

Judge Hellerstein: How do you proposed to change your chart before showing it to the jury? The title should change.


AUSA: I can pass up copies. Judge: Just say, Portion of the portfolio. Why do you have to say "long"? AUSA: Achegos has a short portfolio too

 Hwang's lawyer: This was, it's argumentative and misleading. AUSA: We can work on something...

Judge Hellerstein: Let's do it now. I have both of you, and I've already canceled my appointment...

On May 30, the US Attorney's Office filed opposition to Hwang's bid to strike testimony of UBS's Christ Salcedo...

On June 5, Inner City Press live tweeted, thread

On June 6, government expert testified about, among other things, dark pools, thread

On June 10, cooperation William Tomita began on the stand, from thread:

Tomita: Yes. They were traders, executing the trades on behalf of Bill. Bill would yell at me, Don't list to Andy, you answer to me

On June 11, Tomita continues. From thread:

Judge: Who picked the stocks? Tomita: We chose stocks that were less liquid, so we could move the stock to the firm limit. Judge: Who set the firm limit?

Tomita: Bill did. Judge: Did you always reach that limit? Tomita: Not always. But we tried. Judge: Were there conversations if you didn't reach the firm limit?

Tomita: He would yell at us... Sometimes he didn't need to vocalize it, we could see his expression and body movement on the Zoom. So we would try to get the price to move as quickly as possible

On June 14 to start the trial day after a two day hiatus, counsel for Halligan complained about Bank of America witness / issue, thread:

"OK - now in US v. Hwang of Archegos, before jury comes in after two days off, AUSA is proffering what a Bank of America witness would say.

Defense: Juror Number 8 is an employee of Bank of America. We were not aware of this during voir dire. Mr. Halligan's right to a fair and impartial jury is being undermined. The jurors have heard evidence for five years, and now this. Judge: Is GX 148 admissible?

AUSA: On page 248 of the voir dire, it was said Bank of America could come up in the trial, so there is no issue.

Halligan's lawyer: We were not on notice they would claim Bank of America was lied to. And his colleague will be on the jury.

And so it goes. Watch this site.

June 10, 2024

After Allianz Global Investors US Pled Guilty Now Tournant Also Pleads Before Sept Trial

By Matthew Russell Lee, Patreon Maxwell Book

SDNY COURTHOUSE, June 7–  A scandal of Allianz that has been brewing since the collapse of its investment funds as COVID set has given rise to guilty pleas of two cooperators, and the indictment of Gregoire Tournant, by Southern District of New York prosecutors on May 17, 2022.

Jump cut to January 9, 2024 when Chief Judge Laura Taylor Swain held a conference. Inner City Press was there. After lengthy arguments about the timing of defense expert disclosures, and disclosures of what witnesses would say, Chief Judge Swain set an April conference, saying that the September 23 trial date will remain firm regardless. The final pre-trial conference, no matter before what judge, was set for September 12 at 3 pm.

On June 6, 2024, Tournant pled guilty. Inner City Press was there, thread:

He is 57; his lawyer asks if he can allocute from lectern to hold himself up.

Judge: Have you taken medications in the past 24 hours? Tournant (stuttering heavily) Y-y-yes. Judge: Do you wish to plead guilty? Tournant: Y-y-yes.

 Judge: Do you agree the loss amount was $3.2 billion? Defense: Only as a factual matter... Judge: You won't appeal any sentence of 120 months or less? Tournant: Y-y-yes.

 Tournant: I provided altered and misleading reports to investors, from Allianz in Manhattan. AUSA: There are 2 cooperating witnesses. Judge: I accept your guilty plea.

Judge: Sentencing will be Oct 24 at 11 am.

June 3, 2024

In SDNY Trial of Hwang For Archegos $34B Meltdown US Insists UBS Salcedo Stay In

By Matthew Russell Lee, Patreon Substack

SDNY COURTHOUSE, May 30 –  In the wake of the Archegos meltdown, the other shoe dropped on April 27, when the US Attorney for the SDNY unsealed and indictment charging Bill Hwang Patrick Halligan, Archegos’s CFO with racketeering conspiracy, securities fraud, and wire fraud offenses.   

 Inner City Press went to the SDNY press conference to ask, What about Credit Suisse and Nomura and people in those banks? What about the massive family office loophope to the Investment Advisors Act of 1940? This has come up in the OneCoin fraud case, on which the Office used perjured testimony and now agrees to delay after delay.

 Damian William referred obliquely to Hwang doing it in the dark, but otherwise the issue - which is addressed by a pending bill in Congress - did not come up. Nor did Lisa Monaco, present in New York for the presser, address it.

On June 1, newly assigned District Judge Alvin K. Hellerstein held a conference in the case. Inner City Press attended and live tweet it here (and asked defense counsel a question later, here). Thread here.

And after, stand-up here, short Q&A here.

On June 20, 2023  Judge Hellerstein  pushed the trial back: "Trial in the above-captioned criminal matter, by request of all parties, is adjourned from January 9, 2024 to February 20, 2024 at 10:00 a.m., in Courtroom 14D. The Final Pretrial Conference will be held on February 14, 2024 at 2:30 p.m. Time is excluded in the interest of justice from January 9, 2024 to February 20, 2024 pursuant to 18 U.S.C. § 3161. SO ORDERED (Signed by Judge Alvin K. Hellerstein on 6/20/2023)."

On July 27, Hwang wrote in seeking approval of subpoenas to Goldman Sachs, Morgan Stanley, Bank of Montreal, Credit Suisse, UBS, Nomura, MUFG, Mizuho, Macquarie, Jeffries and Deutsche Bank, to show he did not "use his lawfully executed swaps to artificially impact the prices of the underlying stocks."

Jump cut to November 14, 2023 when Judge Hellerstein held an oral argument on the subpoena requests. Inner City Press attended, in mask, and tweeted, threadette:

Hwang is here at defense table, with COVID mask and foyr lawyers at table, one behind. 

Judge Hellerstein: Manipulation for manipulation is meaningless. How was it intended to make money? When? There are many different ways to hedge. I'd like to see them narrowed

 Berke: Your Honor, you've done a lot of cases, but this is the 1st one in which DOJ is charging manipulation of swaps

Judge: It's hard to defend against manipulation. Mr Berke deserves a discussion. US v Nixon provides the boundary.

Berke: Thank you

  And well he might say that - it seemed the defense won this round. He mocked what he called the prosecution's theory of "pump and brag," that Hwang did it to brag he'd built a family office into a major firm.

On January 3, 2024, still mostly masked, Judge Hellerstein said the proposed experts are qualified, that sufficient notice is the issue. He said he will follow Judge Jed Rakoff's decision in US v. Mrabet, which Inner City Press also covered.  At the end Judge Hellerstein said, with a laugh, Don't settle this case, I want to try it.

More details on Substack here

On May 1, 2024, the US Attorney's Office wrote in to specify that at trial they intend to put forward evidence about Archegos' predecessor Tiger Asia, including that the SEC banned Hwang from acting, among other things, as an investment adviser.

On May 6, Halligan's counsel wrote in that the evidence should not be admitted at trial, as little of it involves Halligan but he would be prejudiced by it.

On May 15 in the trial, Mr. Marks of Operations testified about reports only to Bill and Patrick, then Mr. Jones about flying from Dallas amid the meltdown. Thread here

On May 21, the US insisted that evidence of Hwang's "decision not to reimburse employees for lost deferred compensation" should remain in evidence before the jury."

Full letter on Patreon here.

On May 22, Inner City Press live tweeted cross examination of cooperator Becker, here. In the midst of it, an announcement by Judge Hellerstein of the birth of a baby, and applause in the courtroom (it's in the thread).

On May 23, Becker continued - from the thread:

Becker is asked about his message, "Whatevs, we'll just roll with it."

Counsel: Turning to your lost vacation days, Mr. Becker, you felt you had never worked harder than at Archegos, isn't that true? Becker: Yes.

Counsel: You had 3 weeks of vacation - couldn't carry it over and you were angry, right? Becker: Correct.

Halligan's lawyer: You didn't want Mr. Halligan involved in your project, did you? He called you careless-

Judge Hellerstein: Haven't we gone over this? It's done. Finished. Halligan's lawyer: You felt he didn't show appreciation Judge Hellerstein: Move on

 Now re-direct: AUSA: Mr. Becker, Mr. Berke didn't show you this sheet, did he? Objection! Overruled. Becker: He didn't.

 AUSA: You were asked some questions about conversations with Mr. Halligan. Why was it so frantic? Let me off this March 23 chat, 3745

 Judge Hellerstein: Jurors, have a good weekend. [Jurors leave] Defense: Can we discuss schedule for next week? Judge: Tues and Wed 10 to 5. Can't say about Thursday. Government, how are we doing?

AUSA: We expected Becker 1 week, on schedule

Judge Hellerstein: Done in 2 weeks? AUSA: That's aggressive.  Adjourned.

On May 28, the US Attorney's Office filed a letter seeking permission in advance to ask "what if you had known" questions of the type blessed by the 2d Circuit in US v. Cuti (2013), starting with Bank of Montreal's Joseph Boccuzzi on May 29. Letter on Patreon here

May 29 ended with a dispute about a government chart, long and short positions, which Hwang's lawyer Berke called argumentative, from the thread:

Judge Hellerstein: How do you proposed to change your chart before showing it to the jury? The title should change.


AUSA: I can pass up copies. Judge: Just say, Portion of the portfolio. Why do you have to say "long"? AUSA: Achegos has a short portfolio too

 Hwang's lawyer: This was, it's argumentative and misleading. AUSA: We can work on something...

Judge Hellerstein: Let's do it now. I have both of you, and I've already canceled my appointment...

On May 30, the US Attorney's Office filed opposition to Hwang's bid to strike testimony of UBS's Christ Salcedo: "notwithstanding the defendant’s characterization of Mr. Salcedo’s testimony (Dkt. 208 at 3), no reasonable juror could have understood Mr. Salcedo to be offering an expert opinion on what the defendant intended through his trading. The Government did not elicit, and Mr. Salcedo did not provide, testimony about any mental process of the defendant or any expert opinion of any sort. To the contrary, Mr. Salcedo described his own and UBS’s processes and considerations at the time. Mr. Salcedo’s use of a term from the industry in which he was and remains employed, such as “corner the market,” to convey the importance of the representations at the time did not convert his testimony into expert testimony." Full filing on Patreon here.

And so it goes. Watch this site.


May 27, 2024

In SDNY Trial of Hwang For Archegos $34B Meltdown Becker On Lost Sick Days 2+ Weeks

By Matthew Russell Lee, Patreon Substack

SDNY COURTHOUSE, May 23 –  In the wake of the Archegos meltdown, the other shoe dropped on April 27, when the US Attorney for the SDNY unsealed and indictment charging Bill Hwang Patrick Halligan, Archegos’s CFO with racketeering conspiracy, securities fraud, and wire fraud offenses.   

 Inner City Press went to the SDNY press conference to ask, What about Credit Suisse and Nomura and people in those banks? What about the massive family office loophope to the Investment Advisors Act of 1940? This has come up in the OneCoin fraud case, on which the Office used perjured testimony and now agrees to delay after delay.

 Damian William referred obliquely to Hwang doing it in the dark, but otherwise the issue - which is addressed by a pending bill in Congress - did not come up. Nor did Lisa Monaco, present in New York for the presser, address it.

On June 1, newly assigned District Judge Alvin K. Hellerstein held a conference in the case. Inner City Press attended and live tweet it here (and asked defense counsel a question later, here). Thread here.

And after, stand-up here, short Q&A here.

On June 20, 2023  Judge Hellerstein  pushed the trial back: "Trial in the above-captioned criminal matter, by request of all parties, is adjourned from January 9, 2024 to February 20, 2024 at 10:00 a.m., in Courtroom 14D. The Final Pretrial Conference will be held on February 14, 2024 at 2:30 p.m. Time is excluded in the interest of justice from January 9, 2024 to February 20, 2024 pursuant to 18 U.S.C. § 3161. SO ORDERED (Signed by Judge Alvin K. Hellerstein on 6/20/2023)."

On July 27, Hwang wrote in seeking approval of subpoenas to Goldman Sachs, Morgan Stanley, Bank of Montreal, Credit Suisse, UBS, Nomura, MUFG, Mizuho, Macquarie, Jeffries and Deutsche Bank, to show he did not "use his lawfully executed swaps to artificially impact the prices of the underlying stocks."

Jump cut to November 14, 2023 when Judge Hellerstein held an oral argument on the subpoena requests. Inner City Press attended, in mask, and tweeted, threadette:

Hwang is here at defense table, with COVID mask and foyr lawyers at table, one behind. 

Judge Hellerstein: Manipulation for manipulation is meaningless. How was it intended to make money? When? There are many different ways to hedge. I'd like to see them narrowed

 Berke: Your Honor, you've done a lot of cases, but this is the 1st one in which DOJ is charging manipulation of swaps

Judge: It's hard to defend against manipulation. Mr Berke deserves a discussion. US v Nixon provides the boundary.

Berke: Thank you

  And well he might say that - it seemed the defense won this round. He mocked what he called the prosecution's theory of "pump and brag," that Hwang did it to brag he'd built a family office into a major firm.

On January 3, 2024, still mostly masked, Judge Hellerstein said the proposed experts are qualified, that sufficient notice is the issue. He said he will follow Judge Jed Rakoff's decision in US v. Mrabet, which Inner City Press also covered.  At the end Judge Hellerstein said, with a laugh, Don't settle this case, I want to try it.

More details on Substack here

On May 1, 2024, the US Attorney's Office wrote in to specify that at trial they intend to put forward evidence about Archegos' predecessor Tiger Asia, including that the SEC banned Hwang from acting, among other things, as an investment adviser.

On May 6, Halligan's counsel wrote in that the evidence should not be admitted at trial, as little of it involves Halligan but he would be prejudiced by it.

On May 15 in the trial, Mr. Marks of Operations testified about reports only to Bill and Patrick, then Mr. Jones about flying from Dallas amid the meltdown. Thread here

On May 21, the US insisted that evidence of Hwang's "decision not to reimburse employees for lost deferred compensation" should remain in evidence before the jury."

Full letter on Patreon here.

On May 22, Inner City Press live tweeted cross examination of cooperator Becker, here. In the midst of it, an announcement by Judge Hellerstein of the birth of a baby, and applause in the courtroom (it's in the thread).

On May 23, Becker continued - from the thread:

Becker is asked about his message, "Whatevs, we'll just roll with it."

Counsel: Turning to your lost vacation days, Mr. Becker, you felt you had never worked harder than at Archegos, isn't that true? Becker: Yes.

Counsel: You had 3 weeks of vacation - couldn't carry it over and you were angry, right? Becker: Correct.

Halligan's lawyer: You didn't want Mr. Halligan involved in your project, did you? He called you careless-

Judge Hellerstein: Haven't we gone over this? It's done. Finished. Halligan's lawyer: You felt he didn't show appreciation Judge Hellerstein: Move on

 Now re-direct: AUSA: Mr. Becker, Mr. Berke didn't show you this sheet, did he? Objection! Overruled. Becker: He didn't.

 AUSA: You were asked some questions about conversations with Mr. Halligan. Why was it so frantic? Let me off this March 23 chat, 3745

 Judge Hellerstein: Jurors, have a good weekend. [Jurors leave] Defense: Can we discuss schedule for next week? Judge: Tues and Wed 10 to 5. Can't say about Thursday. Government, how are we doing?

AUSA: We expected Becker 1 week, on schedule

Judge Hellerstein: Done in 2 weeks? AUSA: That's aggressive.  Adjourned.

Watch this site.

Back on March 21, 2023 Judge Hellerstein held an hour and a half proceeding in which he denied more than a dozen motions by Team Hwang. Inner City Press was there and live tweeted, thread here.

More including on Halligan on Substack here.

  Later  - after re-up of book and talk to NYU Journalism School, here and here - in the SDNY Magistrate a defendant was detained until trial, charged as a felon in possession. We'll have more, much more, on this.

May 20, 2024

As Jane Street Sues Millennium Must List Trade Secrets by May 13 Then Discovery to November

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, May 16 – Jane Street Group LLC sued Millennium Management, Douglas Schadewald and Daniel Spottiswood, for allegedly taking trade secrets from them.   On April 19 there is scheduled a court hearing on Jane Street's request for a temporary restraining order, before U.S. District Court for the Southern District of New York Judge Paul A. Engelmayer. 

  Judge Engelmayer on April 17 granted a motion to seal; this was followed on April 18 by not fewer than seven "selected parties" only letters.

It is said that some or all of the April 18 proceeding may be sealed. Previously, Inner City Press petitioned Judge Engelmayer in a trial with an undercover witness and an audio feed was made available in another courtroom, on the 5th floor of 40 Foley Square / 40 Centre Street. 

 Should this civil case be more secret?

How should notice of a possible sealed proceeding be given? Alongside a trial in 100 Centre Street, Inner City Press has had its eye on this case.

We can report that Jane Street's bid to seal the courtroom was denied. Then its application for a TRO was denied, no sufficient showing of irreparable harm.

On May 16, this: "ORDER, The Court requires Jane Street to provide a detailed identification of all alleged trade secrets upon which it relies in numbered form and with reasonable particularity by May 23, 2024, at 5 p.m., per the procedure for identification of trade secrets set out in the Federal Judicial Center's Trade Secret Case Management Judicial Guide, sections 4.4 to 4.7. The parties are directed to file a proposed case management plan by May 21, 2024, pursuant to which fact discovery concludes at the end of September 2024, and expert discovery in mid-November 2024.The Court schedules a case management conference for December 13, 2024."

It is Jane Street Group, LLC v. Millennium Management LLC et al., 24-cv-2783 (Engelmayer)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

May 13, 2024

Republic Bank Failed with Disparate Record FDIC Gave to Fulton Over OZK and Flushing

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, May 10 –  There was a bank board of directors fight and lawsuit in Philadelphia - but otherwise unreported was the disparate lending records of the institution as issue, Republic Bank, subsidiary of Republic Bancorp.

And now the bank has failed - and been given to Fulton Financial, which as Inner City Press reported commented trying to separately fair lending from the Community Reinvestment Act:

"Fulton Financial, on which ICP has previously commented, perhaps understandably given its lending record urges 'De-couple CRA from Fair Lending... CRA and Fair Lending have complementary but different social and policy objectives. CRA ratings should not be downgraded based on the results of a bank's fair lending performance and exam results.'"

  Then the FDIC to its credit release the names of other bidders, including Bank OZK, Little Rock, AR BankUnited, N.A., Miami Lakes, FL and Flushing Bank, Uniondale, NY. But it seems clear CRA was not considered at all. We'll ahve more on this.

May 6, 2024
Republic Bank Fails with Disparate Record in PA and NJ Given to Fulton With Narrow CRA

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, April 28 –  There was a bank board of directors fight and lawsuit in Philadelphia - but otherwise unreported was the disparate lending records of the institution as issue, Republic Bank, subsidiary of Republic Bancorp.

And now the bank has failed - and been given to Fulton Financial, which as Inner City Press reported commented trying to separately fair lending from the Community Reinvestment Act:

"Fulton Financial, on which ICP has previously commented, perhaps understandably given its lending record urges 'De-couple CRA from Fair Lending... CRA and Fair Lending have complementary but different social and policy objectives. CRA ratings should not be downgraded based on the results of a bank's fair lending performance and exam results.'"

Now see to what that view would expand to:

 In Pennsylvania in 2020 Republic Bank made 613 mortgage loans to whites and only 14 to African Americans.

  In New Jersey, insurgent George E. Norcross III's stomping grounds - literally - Republic Bank in 2020 made 1662 mortgage loans to whites and only 67 to African Americans, the Home Mortgage Disclosure Act data reseach by Fair Finance Watch finds.  

Meanwhile in the court case, reviewed by SDNY-based Inner City Press:  "Defendant Republic First Bancorp Inc. (“FRBK”), it is hereby ORDERED that:

 1. The Parties are required to maintain the status quo ... The Court may modify Paragraph 3 of this Order at the request of any party for good cause shown, following notice to all other Parties." The order doesn't mention George Norcross - but the story does. We'll have more on this.     

The case is HILL v. COHEN (E.D. Pa. 2022), 22-cv-01924 (District Judge Paul Steven Diamond)



April 29, 2024 In In the Trump trial in lower Manhattan hattan which Inner City Press is covering (book here), on April 26 a witness previously from First Republic, now at Flagstar, testified as to how First Republic quickly opened accounts for Michael Cohen's LLCs. It's too's too late to call compliance on First Republic - but Chase? April 22, 2024 As Jane Street Sues Millennium Its Request to Seal Courtroom then Request for TRO Denied

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, April 18 – Jane Street Group LLC sued Millennium Management, Douglas Schadewald and Daniel Spottiswood, for allegedly taking trade secrets from them.   On April 19 there is scheduled a court hearing on Jane Street's request for a temporary restraining order, before U.S. District Court for the Southern District of New York Judge Paul A. Engelmayer. 

  Judge Engelmayer on April 17 granted a motion to seal; this was followed on April 18 by not fewer than seven "selected parties" only letters.

It is said that some or all of the April 18 proceeding may be sealed. Previously, Inner City Press petitioned Judge Engelmayer in a trial with an undercover witness and an audio feed was made available in another courtroom, on the 5th floor of 40 Foley Square / 40 Centre Street. 

 Should this civil case be more secret?

How should notice of a possible sealed proceeding be given? Alongside a trial in 100 Centre Street, Inner City Press has had its eye on this case.

We can report that Jane Street's bid to seal the courtroom was denied. Then its application for a TRO was denied, no sufficient showing of irreparable harm. (H/T FT) Next up, July 15. Watch this site.

April 15, 2024 Turkey Halkbank Not Immune 2d Cir Decided DOJ Wants to Stay & Consolidate Civil Case

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, April 8 – Turkey's Halkbank has officially given up its strategy of refusing to official appear in the US criminal case against it, and on February 25, 2020 appeared and agreed to be indicted. Inner City Press live tweeted it here and below.

 On April 12, 2021 with the case stayed pending appeal, a three-judge panel of the Second Circuit heard the arguments. Inner City Press live tweeted it, here: [& fast podcast here]

On October 22, 2021, the Second Circuit ruled that Halkbank is NOT immune.

On December 21, Halkbank filed more than 30 pages with the Second Circuit, seeking a stay pending appealing to Supreme Court. Full filing on Patreon here.

Halkbank was indicted for Iran sanctions violations and money laundering in the U.S. District Court for the Southern District of New York.

Jump cut to April 8, 2024 when DOJ in a civil case filed a motion to intervene in and stay, and a request to move the civil case to Judge Berman with the criminal case, in Hughes, et al. v. Halkbank, et all, 23-cv-6481.  In that case, 151 Americans are suing for death or injuries by Al Qaeda in Afghanistan from 2012 to 2020 and in Syria 2012 to 2013. The US Attorney's Office writes that it relies on the factual allegations in US v. Zarrab and facts adduced at the trial of Attila.

April 8, 2024 letter on Patreon here

The criminal case is US v. Turkiye Halk Bankasi A.S., 15-cr-867 (Berman)

The civil case in which DOJ has moved to intervene, stay and consolidate is
Hughes, et al. v. Halkbank, et all, 23-cv-6481 (Vyskocil)


April 8, 2024 On Crypto Inner City Press at IMF Asks of El Salvador Bitcoin Risk Called Key Element Here

by Matthew Russell Lee, Patreon Substack

IMF, April 4 – On Bitcoin and El Salvador, Inner City Press at the International Monetary Fund on April 4 asked Spokesperson Julie Kozack about any linkage between an IMF program and reversing the legal tender status of Bitcoin there.

  Ms. Kozack praised some developments in El Salvador, but said that addressing the risks of Bitcoin are a "key element." Inner City Press also asked about Ethiopia, Papua New Guinea and, full circle, Sri Lanka. From the IMF transcript, on El Salvador and Bitcoin:

Matthew Russell Lee, Inner City Press: "on El Salvador, some are saying that a program there is in some way linked to possibly removing bitcoin as legal tender status.  I don't know if that's the case.  And just generally, what can you say about El Salvador's progress and possible program?"

IMF Spokesperson Kozack: "IMF staff continue to engage constructively with the Salvadorian authorities with the objective of reaching an agreement on an IMF supported program.  Discussions are focused on policies to strengthen fiscal and external sustainability and to boost productivity growth and strengthen economic governance. 

Addressing risks arising from Bitcoin is a key element of our discussions with the authorities.

With respect to very recent developments, real GDP growth strengthened in 2023, driven by tourism and construction, and this happened on the back of robust remittances and a much-improved security situation.  Inflation came down, the current account deficit narrowed, and this was supported in part by lower global commodity prices.  With respect to fiscal policy, it was somewhat accommodative last year, driven by higher pension spending and public investment, although efforts were made to contain current expenditures and to regularize spending arrears."

April 1, 2024 FinTech Current Accused of Discrimination Is Sued for Firing Mitura as Cancer Docs Sought

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, March 23 – The fintech Current has been sued for discrimination by former employee Isabelle Mitura. On March 22, 2024 the parties were before U.S. District Court for the Southern District of New York Judge Valerie E. Caproni. Inner City Press was there, the only media in the courtroom. 

 The complaint alleges that Finco Services / Current "Head of People" Sergiyenko  described Mitura as "an old Asian woman with no kids" to CEO Stuart Sopp, "who expressed frustration at having to interview too many Indians for the Chief Risk Officer position." 

 While Mitura took leave after a breast cancer diagnosis, her job was given to a replacement who "had built relationships within the company while she was on leave" - and she was terminated. 

 Now Current's lawyers want all of her oncology records. Judge Caproni said they can get some, but not all. Fact discovery closes on July 19, with another conference on July 26 at 10 am.

 The case is Mitura v. Finco Services, Inc., et al., 23-cv-2879 (Caproni)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

March 25, 2024 Capital One Should Discover Merger Dead amid Stealth Application Inner City Press FOIAs Fed

by Matthew R. Lee

SOUTH BRONX, March 22 – Capital One has applied to buy Discover, in an anticompetitive deal that should be rejected by regulators if they mean what they have been saying. While they applied late March 20, as of 1 pm on March 22 there was no notice of the Federal Reserve's or OCC's websites. Inner City Press submitted second FOIA requests to each agency. Public hearings should be held, not only on antitrust but also lending disparities at both companies. 

  On February 20 Capital One CEO Rich Fairbanks bragged about communications he's had with the regulators, then referred to "customary regulatory approvals." Inner City Press immediately submitted Freedom of Information Act requests to the Federal Reserve and OCC for all such communications. Both agencies confirmed receipt.

 But still no records as of March 22, so this:

This is a FOIA request for the entirety of Capital One's applications for regulatory approval of its Discover proposal, including all portions for which Capital One has requested confidential treatment, and all communications by your agency with the banks since February 19. As of March 22 at 1 am, the Fed's most recent H2A is from March 15

 As documented by Fair Finance Watch, Discover Bank in 2022 denied mortgage loans application from African Americans more than twice as frequently as those of whites. 

  Previously, Inner City Press and NCRC challenged Capital One's acquisition of ING Direct, see here.This time, given the antitrust enforcement claims being made in DC, this proposal should be dead in the water. Watch this site. 

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

March 18, 2024 On SBF 40 to 50 Years in Prison Sought by US As He Asks 63 Months Crypto Criminal Book

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, March 15 – On the US v Sam Bankman-Fried trial, hours after the guilty verdict, a book was published: "Crypto Criminal: The Conviction of Sam Bankman-Fried: As live tweeted and investigated from inside the SDNY courthouse by Matthew Russell Lee," paperback coming (in the morning?) for now, 200 page ebook here.
Soft cover here.

"He did not know then how it or he would turn out. It could have been called, Crypto Houdini. But it wasn't." And a second trial?

 Well, no. Past 6 pm on December 29, 2023 the US Attorney Office wrote to Judge Kaplan "to provide notice to the Court and the defendant that it does not plan to proceed with a second trial in the above-captioned matter." So no evidence and cross examination about the campaign finance and China bribe counts, no getting to the bottom of who took the money. It is known that officials in the Bahamas, whose request to drop these charges DOJ cited in severing them, took SBF's and FTX customers' money.

 SBF's new lawyers Mukasey and Young's sentencing submission was due Feb 27

Past 11 pm on February 27, SBF's memo posited his sentencing guideline at 63 to 78 months and asked for a sentence "that returns Sam promptly to a productive role in society." Memo on Patreon here

On March 15, the US Attorney's Office put in a 100+ page memo, asking for a prison term of 40 to 50 years. US memo on Patreon here.

More on X for Subscribers here, Substack here

We'll have more on this.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

March 11, 2024 On Bank Failures Inner City Press Asked IMF about CRE & NYCB in Wake of Signature Bank

by Matthew Russell Lee, Patreon Substack

SOUTH BRONX / SDNY, March 7 – A year after the failure of Silicon Valley Bank and Signature Bank, the International Monetary Fund has warned of more trouble, just as NYCB teeters. Inner City Press on March 7 asked the IMF about it, video here.  

 The IMF had said, "the high concentration of CRE [commercial real estate] exposures represents a serious risk to small and large banks amid economic uncertainty and higher interest rates, potentially declining property values, and asset quality deterioration.”

Small banks retain “exceptionally high CRE concentration for which losses could compromise their safety and soundness”, it added. Nearly 33% of US banks have commercial property loan books which are so big versus their capital buffers that they exceed regulatory guidance. So where are the regulators? 

 Inner City Press asked the IMF spokesperson, noting the Mnuchin investment in NYCB (and imposition of Joseph Otting as CEO).

IMF Spokesperson Julie Kozack replied that the risk is real and is being studied, with more to come in the GSFR. Watch this site.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

March 4, 2024 NYCB Was Gifted Signature Bank Barney Frank and Cephas on Board Now CEO Out

by Matthew Russell Lee, Patreon Book Substack

SOUTH BRONX / SDNY, Feb 29 – With no public comment period, New York Community Bank has been handed the 40 branches of Signature Bank, to re-open them as braches of Flagstar, which NYCB bought in a proceeding delayed by fair lending problems.

  Back in April 2021, Fair Finance Watch and Inner City Press predicted that the proposed merger of New York Community Bank and Flagstar would flounder, on disparate lending and regulatory evasions. And it was delayed.

  So, a fair lending rogue benefited from a bail out, or a bank with a former NYS Banking Superintendent Derrick Cephas, and Barney Frank, on its board of directors.

 Jump cut to early February 2024 and NYCB's stock price fell by 60%, Valley National down too.

On February 29, NYCB's long time CEO Thomas Cangemi was out and NYCB said it had "identified material weaknesses." Why didn't the regulators identify them, as Fair Finance Watch protested Flagstar, and on Signature? We'll have more on this.
February 26, 2024 Amid Attack on CRA FirstSun HomeStreet Bid Hit on Lending Disparities and Data Breach

by Matthew Russell Lee

SOUTH BRONX, Feb 23 – As US bank regulators talk about working to increase the fairness of the financial system, and closely scrutinizing mergers and the spread of bad practices, banks continue to assume they can combine.

  Before this week's Capital One - Discover proposal, and ABA lawsuit against the Community Reinvestment Act regulation, there was  FirstSun Capital Bancorp of Denver and Dallas saying it will merge with Homestreet, Inc. and Homestreet Bank of Seattle, Washington. 

  On February 23 Fair Finance Watch with Inner City Press on the FOIA filed with the Federal Reserve: "FirstSun's flagship Sunflower Bank, in Texas in 2022, made 694 mortgage loans to whites, and only 41 to African Americans. Meanwhile it denied 12 applications from African Americans, and only 34 from whites.   This is disparate, and more disparate both than the aggregate in Texas. 

    Nationwide in 2022, Sunflower Bank made 3059 mortgage loans to whites, and only 194 to African Americans. Meanwhile it denied 49 applications from African Americans, and only 259 from whites. 

   For the record, on managerial resources and otherwise, note that on September 27, 2023, FirstSun Capital Bancorp, the parent company of Sunflower Bank, Guardian Mortgage and First National 1870 (collectively, “Sunflower”), filed a notice of data breach with the Attorney General of California... an unauthorized party likely took advantage of the flaw in the MOVEit software and downloaded copies of files [containing] personally identifiable information."

   HomeStreet, meanwhile, is politely said to have had a "tough" 2023.

     FFW and Inner City Press have been deeply concerned about the rush by the Federal Reserve to rubber-stamp mergers by redliners, money launderers and predatory lenders. This has been killing the Community Reinvestment Act and so a timely request public hearings.

February 19, 2024 4 Zilberberg Guilty of Bank Fraud After TARP Subpoena Shown Now US Wants 4 Years

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, Feb 9 – Mendel Zilberberg was indicted for bank fraud while he was a board member of Park Avenue Bank. His trial was to start on January 23, 2023 - but actually began on July 5, 2023. Inner City Press was there - all the way to the verdict: " JURY VERDICT as to Mendel Zilberberg (1) Guilty on Count 1,2,3,4,6." Sentencing is scheduled for November 29, 2023, before Judge Daniels.

Back on January 11, 2023 U.S. District Court for the Southern District of New York Judge George B. Daniels held an in-person final pre-trial conference.  Inner City Press went to cover it.   

But even as the next defendant, in a gun case, had his family setting up in the gallery, in the well of the courtroom Zilberberg's lawyer Ben Brafman was conferring with the prosecutors.

   When Judge Daniels took the bench, the parties asked for an adjournment, in light of 20,000 pages of FDIC documents just produced. No new trial date was agreed. Instead, a March 28 pre-trial conference was scheduled. 

 Judge Daniels asked about a related loan, to Zilberberg's niece.

 The prosecutor emphasized that she was a special education teacher, and did not have a business for the business loan. Judge Daniels said it might be cumulative, and/or prejudicial. 

 Brafman said the jury could be confused by the issue of taking advantage of a younger relative. Judge Daniels asked for a letter.

  Brafman wrote in the Loan 2, the Niece Loan, "has little, if any, probative value."

 On March 21, Judge Daniels had a final pre-trial conference and largely agreed, unless the door is opened during the trial to this loan. The trial was moved up to July 5 for jury selection.

On April 10, co-defendant Aron Fried who pled guilty submitted a lengthy but redacted sentencing submission, including on medical condition, asking for a below guideline sentence. But how much below?

On April 13, the US Attorney's Office asked for 30 to 37 months.

On April 18, Inner City Press went to Fried's sentencing. There were more than a half dozen supporters in the gallery. Judge Daniels asked about what Fried knew, and when. Fried spoke of bone cancer and bad advice.

 Judge Daniels sentencing Fried to a year and a day. Lead defense counsel asked for home confinement - Judge Daniels said no but that he might reconsider if major (presumably negative) developments on health before the surrender date. Defense counsel asked for a recommendation of designation to Otisville.

On July 5 the trial began. Ben Brafman told teh jury to pay attention to his cross examination of the cooperator, and return with a verdict of not guilty. Then the US put on the stand a man who makes prosthetic limbs and who sought a loan from Park Avenue Bank.

On July 6, the prosecution put on the stand FDIC Examiner Todd Goodman and showed notes and his and the NYSBD's meetings with Park Avenue Bank, about loans in violation of Reg O and TARP subpoenas. Zilberberg was there.

On July 7, the prosecution put on a witness drilling down into particular loan applications which Zilberberg had pushed, based on "high credit score and debt service coverage ratio." Some jurors' eyes rolled. Elsewhere in the SDNY courthouse on July 7 Judge Jed Rakoff derided mandatory minimum sentences and the trial penalty they impose. The former doesn't apply here - so would the latter?

On July 10, the charge conference was held, with the AUSA asking to add to the jury instruction about being able to disregard the testimony of a witness found to have testified falsely, but Judge Daniels saying such an instruction might go too far.

And then the verdict: " JURY VERDICT as to Mendel Zilberberg (1) Guilty on Count 1,2,3,4,6.

On August 11 Zilberberg's counsel wrote to Judge Daniels that he "will reply on the record and arguments made as part of his Rule 29 motion and will not be filing post-trial motions in this matter."

On February 5, 2024, Zilberberg's counsel wrote in asking for a sentence of probation with a period of home confinement - then redacted. The submission does, however, mention the Binyan Adey Ad organization, and The Menorah Project of A TIME.

Days later, the US wrote in asking for a sentence of 48 months. Watch this site.

 This case is US v. Zilberberg, 19-cr-802 (Daniels)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

February 12, 2024 Before FNB Settled on Fair Lending Its Yadkin Merger Was Challenged But Fed Approved It

by Matthew Russell Lee, Patreon Book Substack

SOUTH BRONX, NY Feb 5 – When First National Bank of Pennsylvania applied to the Federal Reserve to buy Yadkin bank in North Carolina, Fair Finance Watch challenged it on Community Reinvestment Act and fair lending grounds.  

 The Federal Reserve, as usually, rubber stamped the merger.   Now in February 2024 the Justice Department had sued and settled with FNB on fair lending grounds.

Inner City Press had wanted to ask DOJ about the Fed (including in its recent Patriot Bank action), but has been unable so far.  Watch this site

February 5, 202424
NYCB Was Gifted Signature Bank Barney Frank and Cephas on Board Now Down 60% Rogues

by Matthew Russell Lee, Patreon Book Substack

SOUTH BRONX / SDNY, Feb 3 – With no public comment period, New York Community Bank has been handed the 40 branches of Signature Bank, to re-open them as braches of Flagstar, which NYCB bought in a proceeding delayed by fair lending problems.

  Back in April 2021, Fair Finance Watch and Inner City Press predicted that the proposed merger of New York Community Bank and Flagstar would flounder, on disparate lending and regulatory evasions. And it was delayed.

  So, a fair lending rogue benefited from a bail out, or a bank with a former NYS Banking Superintendent Derrick Cephas, and Barney Frank, on its board of directors.

 Jump cut to early February 2024 and NYCB's stock price fell by 60%, Valley National down too. We'll have more on this.
January 29, 2024 Family of Kansan Who Died After Iraq Captivity Sues HSBC with Secret Iran Witness

by Matthew Russell Lee, Patreon Book Substack

SDNY EXCLUSIVE, Jan 26 – The family of an American contractor who died in his native Kansas after release from kidnappers in Iraq has sued HSBC and other banks - but nearly all of the case is sealed.

  On January 26, 2024 a conference in the case was held. The discussion was about an anonymous Doe witness about information in the National Iranian Oil Company. 

  He cannot be questioned about any of the details of his work or where he got the information, for fear of retaliation from Iran. His testimony - sealed? - will be by Zoom, with him sworn in by name before the Court, then again without name before others. 

  Even the complaint in the case is sealed, as of January 27. Inner City Press, which has repeatedly asked the UN about its solicitude toward Iran, will continue to cover the case

January 22, 2024
US Sued Javice For Fooling JPMC Now Privilege Log by May for Oct 2024 Trial

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Jan 19 – JPMorgan Chase bought a start-up called Frank, which claimed to have 4 million students signed up to file their FAFSA forms, for $175 million. Then Chase learned Frank had only 300,000 customers.

On April 4, 2023, Frank founder Ms. Charlie Javice was brought before U.S. District Court for the Southern District of New York Magistrate Judge Barbara C. Moses

On July 27, the prosecutors wrote it to say they are unavailable on August 15, and that the Court said it would be available on September 20. But Javice will not consent to exclude Speedy Trial Act time until then. Letter on Patreon here.

On August 23, Inner City Press was there. Thread.

In January, after a hearing Inner City Press attended, Javice jaunty at the defense table, Judge Hellerstein docketed: "1. JPMC is to produce all documents in the possession or control of the custodians identified in Exhibit B to the transcript of argument, in all forms of media... 2. JPMC shall file by March 29, 2024 a complete and comprehensive privilege log consistent with the requirements of Local Rule 26.2. Defendants shall submit its objections directly to JPMC by April 30, 2024, and enter into conversations with JPMC to resolve issues of privilege. JPMC shall file a modified privilege log, reflecting the results of such conversations, by May 16, 2024. The Court will hear privilege challenges, via a privilege sampling procedure outlined in the transcript, on May 30, 2024 at 2:30 pm...  Final Pre-Trial Conference to be held, as previously set, on October 15, 2024 at 11 a.m.. trial, October 28, 2024."
In OneCoin Case Mark Scott Asks for 5 Years as US Wants 17 More Redactions Amid Appeal

By Matthew Russell Lee, Patreon Podcast Order

SDNY COURTHOUSE, Jan 20 -- For scam crypto currency OneCoin, Sebastian Greenwood who co-founded the company with Ruja Ignatova was sentenced to 20 years in prison by U.S. District Court for the Southern District of New York Judge Edgardo Ramos on September 12, 2023. Inner City Press was there and live tweeted, thread here

On January 19 Mark Scott, convicted at trial,  submitted a heavily redacted sentencing submission, asking for "no more than five years of imprisonment." Inner City Press immediately wrote in seeking to unseal. Later on January 19, the US Attorney's Office asked for 17 years. We'll have more on this.

Inner City Press had sought the unsealing of Greenwood's 33 sentencing letters but with him opposing (citing a Mafia case) and the US Attorney's Office inappropriately taking no position, it was denied. Judge Ramos' order is here.

On October 10, Inner City Press filed Notice of Appeal of the sealing of all of Greenwood's letters. On December 21, represented by pro bono counsel Brian D. Ginsberg of Harris Beech, the request to extend the time to brief this important court transparency appeal was extended, by Second Circuit Judge Jose A. Cabranes, to March 18, 2024, here.

Watch this site. More on Substack here

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

January 15, 2024 For Front Running at Morgan Stanley Passi Gets Deferred Prosecution Agreement Not a Felon

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Jan 12 –  Morgan Stanley conspired in front-running from 2018 to 2021 and on January 12 got a non prosecution agreement and fine.

Senior official Pawan Passi got a deferred prosecution agreement and, to ensure no felony record, formally pled not guilty before U.S. District Court for the Southern District of New York Magistrate Judge Robyn F. Tarnofsky. Inner City Press live tweeted, thread:

All rise! Milbank for Pawan Passi [3 lawyer at defense table] Judge Tarnofsky: You are charged in an information...We will address your conditions of release. [Pre-Trial Services is here, but no formal court reporter] 

 Judge: You are charged with securities fraud. Passi: Not guilty. Defense: We've entered a deferred prosecution agreement. Judge: OK, no Brady [5f] order. 

 DOJ, giving thr DPA deal, says Passi promised sellers of equity blocks MORGAN STANLEY would keep info on their potential sales confidential, knowing that he would disclose that info to buy-side investors who usedthe info to trade in advance of the block sales. 

 Judge: DOJ can release you from supervision at any time, do you understand? Passi: Yes. Judge: You are released on your own recognisance. Control date May 13.

It's signed and done. 

  Deferred Prosecution Agreement on Patreon here.

The case is US v. Passi, 24-cr-__ (Torres)


On SEC Bitcoin ETF Inner City Press Asks IMF Which Says It Is Studying also Yemen Impact

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Jan 11 – When the International Monetary Fund held its embargoed press briefing on January 11, 2024, Inner City Press asked for the IMF's view of the attacks on ships in the Red Sea and on the US SEC's approval the day before of spot Bitcoin EFTs.

  The IMF spokesperson put on the screen the Fund's Port Watch and provided statistics on hte impact on shipping. After reiterating the IMF's position on crypto that it has benefits as well as making monetary policy more difficult, among other things, she said the IMF is studying the SEC's approval and may have more to say.

Inner City Press also asked what is the goal of the IMF's current mission in Sri Lanka. To assess the Program, she said, which last month disbursed $337 million. 

Back on September 28 Inner City Press asked the IMF and crypto, mere days before the SDNY trial of FTX's Sam Bankman-Fried on fraud charges: 

"At the G20, Deputy Managing Director Gopinath on crypto-currencies said that 'the good thing is there’s no talk of banning crypto I mean the idea that crypto is tough to ban has kind of gone through...It’s going to be much less of the Wild West with better data and transparency.'  Can you explain more, and separate give some/any examples of this better data and transparency?"   Video here

Spokesperson Julie Kozack directed Inner City Press to the Fund's recent paper; later in the briefing she cited concerns at El Salvador and Bitcoin. Watch this site.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

January 8, 2024 Netflix BitConned Has Crypto Rat Tripani Bragging Before Time Served SDNY Review

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Jan 6 - In covering cryptocurrency cases and crimes in Federal court in New York, Inner City Press is often asked to assist on possible documentaries about OneCoin, Ruja Ignatova and Sebastian Greenwood, SFB and maybe soon Do Kwon and SafeMoon's Karony.

  But one cryptocurrency true-crime is out this month on Netflix: BitConned, about Ray Tripani (the cooperator), Robert Farkas, and Sohrab Sharma.

Inner City Press covered their sentencings, and Sharma's remand for violation of pre-trial supervision. So now, its review of the Netflix flick.  

 The chutzpa of Tripani, giving interviews about ongoing scams will awaiting sentencing, is surprising.

They show 40 Foley Square, then have an actress read from the sentencing transcript. Tripani is said to start a business lending at 50% interest - illegal in New York State. But he's in Florida. 

Will we see him on a Violation of Supervised Release? Watch this site - and the flick. 

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

January 1, 2024 On SBF Now US Drops 2d Trial on China Bribe & Campaign Finance Charges Bahama$ Gambit

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 29 – On the US v Sam Bankman-Fried trial, hours after the guilty verdict, a book was published: "Crypto Criminal: The Conviction of Sam Bankman-Fried: As live tweeted and investigated from inside the SDNY courthouse by Matthew Russell Lee," paperback coming (in the morning?) for now, 200 page ebook here.
Soft cover here.

"When at last the Sam Bankman-Fried trial started on October 3, 2023 with jury selection, after Sam had been remanded to the MDC jail, the courtroom on the 26th floor was full, and an overflow room established on the 23rd.  The author went back and forth between them, and down to the Press Room he'd been admitted to after six months of covering cases here, after he was thrown out of the UN...

"He did not know then how it or he would turn out. It could have been called, Crypto Houdini. But it wasn't." And a second trial?

 Well, no. Past 6 pm on December 29, 2023 the US Attorney Office wrote to Judge Kaplan "to provide notice to the Court and the defendant that it does not plan to proceed with a second trial in the above-captioned matter." So no evidence and cross examination about the campaign finance and China bribe counts, no getting to the bottom of who took the money. It is known that officials in the Bahamas, whose request to drop these charges DOJ cited in severing them, took SBF's and FTX customers' money. We'll have more on this. Letter on Patreon here.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

December 25, 2023 In OneCoin Case Konstantin Wants Longer Curfew as Inner City Press Appeal Due March

By Matthew Russell Lee, Patreon Podcast Order

SDNY COURTHOUSE, Dec 22 -- For scam crypto currency OneCoin, Sebastian Greenwood who co-founded the company with Ruja Ignatova was sentenced to 20 years in prison by U.S. District Court for the Southern District of New York Judge Edgardo Ramos on September 12, 2023. Inner City Press was there and live tweeted, thread here

Now on December 22 Konstantin Ignatov's lawyer has written in to further loosen his conditions of release: "Re: USA v. Ignatov Dear Judge Ramos, The defendant in the above matter continues to participate in community service at the soup kitchen... He wants to work a shift from 10:00 AM to 6:00 PM. We request that Mr. Ignatov’s bail conditions be modified such that he has a curfew set at the discretion of pre-trial services. Pre-trial service does not object to this request. The government defers to pre-trial." Full letter with more details on Patreon here.

Inner City Press had sought the unsealing of Greenwood's 33 sentencing letters but with him opposing (citing a Mafia case) and the US Attorney's Office inappropriately taking no position, it was denied. Judge Ramos' order is here.

On October 10, Inner City Press filed Notice of Appeal of the sealing of all of Greenwood's letters. On December 21, represented by pro bono counsel Brian D. Ginsberg of Harris Beech, the request to extend the time to brief this important court transparency appeal was extended, by Second Circuit Judge Jose A. Cabranes, to March 18, 2024, here.

Watch this site. More on Substack here

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

After Allianz Global Investors US Pleds Guilty Tournant To Get Bill of Particulars in SDNY

By Matthew Russell Lee, Patreon Maxwell Book

SDNY COURTHOUSE, Dec 14 –  A scandal of Allianz that has been brewing since the collapse of its investment funds as COVID set has given rise to guilty pleas of two cooperators, and the indictment of Gregoire Tournant, by Southern District of New York prosecutors on May 17, 2022.

More than a year and a half later on December 14, 2023, this order: "as to Gregoire Tournant re: MOTION for Bill of Particulars and to direct the government to produce Brady material, dismiss the wire fraud object of the conspiracy charge, strike Count Three or Four as multiplicitous, and strike as surplusage paragraphs 7 and 69 of the Indictment filed by Gregoire Tournant. For the reasons explained above, the Motion is granted to the extent that the Government must provide a bill of particulars identifying the institutional and individual investors and prospective investors, as well as any consultants, that the Government will or may attempt to prove were victims of the scheme alleged in Count One of the Indictment. The bill of particulars must be provided by December 20, 2023. The Motion is denied in all other respects. (Signed by Judge Laura Taylor Swain on 12/13/23)."  

At issue are Allianz Global Investors U.S. LLC's Structured Alpha Funds; the cooperators are Stephen Bond-Nelson, who along with Tournant was discharged in late 2021, and Trevor Taylor.   

At 3 pm AGI pleaded guilty, and even got a sentencing date, in a peak of corporate personhood. Inner City Press live tweeted here and below.

Jump cut to June 2, when Gregoire Tournant was arraigned before SDNY Chief Judge Laura Taylor Swain. Inner City Press live tweeted here

Earlier in the day, Inner City Press went to the SDNY press conference and asked if the US Attorney's Office anticipates seeking any jail time for Taylor and Bond-Nelson - who left his SEC interview, ostensibly for a bathroom break, and never came back.

Inner City Press has uploaded Bond-Nelson's cooperation deal to Patreon here.

  US Attorney Damian Williams replied that it is early in the cooperation so too early to tell. To Inner City Press' question about whether his Office worked with BaFin or other German authorities, he declined to say, emphasizing the collaboration of DOJ, the Postal Inspectors and SEC.

The prosecutors' statement of facts goes out of its way to say "The misconduct occurred only within the small Structured Products Group at AGI US. The Government’s investigation has not revealed evidence that anyone at AGI US outside of the Structured Products Group was aware of the misconduct before March 2020. The investigation also has not revealed that anyone at any other organizations that fell within the broader umbrella of the parent company Allianz SE was aware of or participated in the misconduct."  

  Allianz has previously been fined by the US OFAC for sanctions violations, and for example hit with penalties by the Bermuda Monetary Authority.

Inner City Press will stay on the case - watch this site.

The case is US v. Tournant, 22-cr-276 (Swain)

***
December 11, 2023

A week in mergers: Dec 7 ME: Gorham Savings, Maine Community Bank of Biddeford to merge next year (if they get approval);  Dec 6, ND-SD / MN: First Western Bank & Trust has announced it will appy to purchase the State Bank of Lismore  Dec 6, MO: Equity Bancshares to apply to buy Missouri-based bank and this:
As ADNOC Jaber Cashes Out UN Guterres Cover For Him and His Banks, Banning Press

by Matthew Russell Lee, Patreon Book Substack

UN GATE, Dec 5 – The UN's climate change conference has as its president the head of the United Arab Emirates' oil company, ADNOC.

  As UNSG Antonio Guterres defends and covers for him, Sultan Al Jaber has said that there is “no science” to support the need to keep warming below 1.5 degrees Celsius and that phasing out fossil fuels would “take the world back into caves.” From Guterres? Nothing. And his propaganda circle of in-house scribes ask him nothing.

 Now this, on ADNOC's bank funders: HSBC (US$ 2.4 billion), MUFG (US$ 2.3 billion), SMBC (US$ 2.3 billion) and JPMorgan Chase (US$ 2.2 billion). A loan, issued back in January, was supported by banks such as Bank of China, ICBC, and Standard Chartered. For the two more recent loans, a lender list has not yet been disclosed.

December 4, 2023

As Senate Act Against Small Business Data Moves Past House Rules BofA Cheated HMDA

by Matthew Russell Lee, Patreon Book Substack

SOUTH BRONX NY, Dec 1 – The long delayed small business data reporting provision of the Dodd Frank Act is in play again in Congress.

  This while Bank of America was just outed and fined for gaming the Home Mortgage Disclosure Act for four years or more, and fined for it.

 On November 28 the House Rules Committee held a hearing to move forward S.J.Res. 32, targeting the CFPB's rule.   

Pennsylvania Rep. Scanlon pointed out at the COVID PPP loan program went in the first instance to the "concierge" clients of big banks. (There was also much related fraud, which Inner City Press reported on daily in the SDNY and other Federal courts). 

  New Mexico Rep. Leger Fernandez pointed out the lack of access to capital in rural area.

S.J.Res. 32 is slated to come up on the House floor, like George Santos, this week. NCRC resources here; Inner City Press will stay on this - and on Bank of America and its kin.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

November 27, 2023

CZ of Binance Could Skip Bail and Sentencing in UAE DOJ Argues in Appealing His Bond

by Matthew Russell Lee, Patreon Book Substack

FEDERAL COURT, Nov 22 – After Changpeng Zhao or CZ of Binance pled guilty to money laundering and sanctions violations, a Federal Magistrate ruled that he could travel back to the United Arab Emirates until his sentencing in February 2024.  

The US Attorney's Office said it would appeal to the assigned District Judge, and on November 22 it did. It notes that

"the United States has no extradition treaty with the UAE. If Zhao decided he would not return for his sentencing, the government would not be able to secure his return..  Zhao is a multi-billionaire. The government believes that the vast majority of that wealth is held overseas and Zhao is believed to have hundreds of millions of dollars in accessible cryptocurrency. Zhao could live on that wealth in the UAE indefinitely." Full memo on Patreon here.

Two people, undisclosed for now, have agreed to forfeit property if CZ were to not return. We'll have more on this.



November 20, 2023

Terraform Labs SEC Case Moves Toward Trial with Experts Grilled and Howey Briefing

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Nov 17– The SEC's case against  Terraform Labs is moving toward a January 2024 trial. On November 17 US District Court for the Southern District of New York Judge Jed S. Rakoff held a hearing on potential trial experts. Inner City Press live tweet, thread:

OK - now in crypto case of SEC v. Terraform Labs Pte Ltd. et al  - defendants want in a defi expert, Professor Parlour,  from Berkeley.

SEC lawyer: Prof Parlour says the use case for UST was as a fiat replacement- but admits she's never seen that. We'll be calling Terra employees as witnesses. Prof  Christine Parlour takes the stand, and says (in British accept) I put the system design in context

Judge Rakoff: So we're talking crypto securities- I mean cryptocurrency, I'm sure no one is interested in that distinction (grins) This case alleges fraud Parlour: The DiMaggio paper has a limited scope. Judge Rakoff: I'll rule by Thanksgiving.

Judge: The next proposed defense expert didn't do the analysis himself, Cornerstone Research did. SEC: He has no certifications in blockchain analysis. Now Raj Unny on the stand. Judge: How much are you being paid? Unny: $950 an hour. Judge: Do you want a raise?

Unny: I know the code. Judge: Why is the name of the company that tried to maintain the peg in May 2021 kept confidential? Counsel: They asked for it. Judge: I'm about to say their name Company's outside counsel " Elliot Bacon" says the material is confidential

 Judge: The name of the company is Jump, jumping right into it.

 SEC: Jump has an incentive to support the peg. Judge: Sure there were motivations. But this proposed expert was looking at the effects of Jump's trading, not its motives. SEC: Jump earned a $400,000 profit from a long position in UST.

Terrence Hendershott: The motivations don't go into the statistical model.  Judge: You were paid $1400 an hour. Why more than Ms Parlour? Hendershott: I have more experience.

Judge: But are your opinions within your area of expertise? Hendershott: I've studied technology and markets for 30 years. Judge: I will let the SEC question you - like Perry Mason, go up to him. SEC: You estimate Jump made $400,000? [Note: that 400 thousand]

 Next proposed expert is on stand. Defense lawyer: If Jump trades ten seconds apart, does your model consider if there was another trader- SEC's rebuttal expert [to Hendershott] I don't see one. I used the same data in both reports. Judge: SEC questions?

 SEC: What occurred that day between 13:30 and 14:00? A: The Jump witnesses will tell us. Next SEC expert is Matthew Edman Judge: How tall are you? Edman: 6'3". I reviewed source code. Judge: SEC alleges it was a lie that Chai was using the blockchain

 Edman: The inputs from the server were not available for review SEC: Defendants says they couldn't get it from Naver Edman: That's like the AWS of Korea Judge: We'll break here

 We're back. 2d defense lawyer: We too are interest in Chai and the LP server. Judge: Is any of this data in the US? TFL lawyer: No. It's all in Korea. Judge: I can compel anything in the US. There's the Hague Convention, or I can write letters to judges overseas

Edman: I reviewed posts by Do Kwon in which he claimed some transactions were Chai transactions...  Judge: We're done for today. Get me Howey briefing. I will get you a bottom line decision by Thanksgiving. Inner City Press will cover it

There's more: SEC: Will Do Kwon attend? TFL lawyer: We can't know. Judge: We need to know by late December. Oh and I'll speak at Columbia but not about thus case, only Howey.

More on Substack here

The case is Securities and Exchange Commission v. Terraform Labs Pte Ltd. et al., 23-cv-1346 (Rakoff) 

 Do Kwan's criminal  case has been assigned to District Judge John P. Cronan, after his arrest at the airport in Montenegro.   

 The indictment, formally against Do Hyeong Kwon, cites Terra LUNA and TerraUSD. South Korea has also asked that Do Kwon be extradited.  Inner City Press, which covers all things crypto in the SDNY and beyond, is tracking it.

The SDNY case is US v. Kwon, 23-cr-151 (Cronan)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.
November 13, 2023

Late October beat: "Oct 31, Iowa:  Security National Bank is proposing acquiring Northwestern Bank’s branches in Orange City and Sheldon;  Oct 26, IN into TN: "Old National is growing and taking on new markets as it acquires a Nashville-based organization, CapStar Financial Holdings.  The two companies announced Thursday that Old National will apply to acquire CapStar in an all-stock transaction. Officials say combining the companies will strengthen Old National’s recently formed Nashville presence and add more markets.  We’re told the merger with CapStar will bring in $3.3 billion in total assets, $2.3 billion in total loans and $2.8 billion in deposits as of September 30, 2023." 

Oct 25: Mississippi / TN: Guaranty Capital Corporation, the parent company of Guaranty Bank & Trust Company, announced that it has signed a definitive agreement to acquire Lafayette Bancorp, Inc.  

Oct 24, MN: Security Bank, Flagship Bank Minnesota, Cambridge State Bank propose to merge;

November 6, 2023

Bankman-Fried Guilty on All 7 Counts in FTX Trial Inner City Press Live Tweeted Now New Book, "Crypto Criminal"

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Nov 2 – For US v Sam Bankman-Fried, after more than a day of jury selection, late morning on October 4 the twelve and six alternate were selected. Inner City Press live tweeted the voir dire here and more below

On Nov 2, the verdict, in thread here

OK - now counsel have reassembled in the courtroom. SBF still not brought back in. AUSA Thane Rehn flipping through a document redactions. Judge Kaplan: So, I just want to make a record of the various notes

 Judge Kaplan: An hour ago the jury asked for the testimony of Boroujerdi (of Third Point) and Matt Huang (of Paradigm). They also asked for Post-It notes, and the actual indictment. Now we'll wait for further communications

 Now with the prosecutors (and judge) out of the courtroom, SBF is standing twisting something in his hands while his lawyer Mark Cohen speaks into his ear. Now SBF is being led out of the courtroom again by US Marshals

For those asking about Huang, here's from Inner City Press thread: "AUSA: Were you told that FTX was transferring money from this round of financing to Alameda? Huang: No. And we would not have invested. We invested $278 million. We've marked it to zero."

 ALERT:  Courtroom deputy Andy: We have received a note from the jury that they have reached a verdict. [Inner City Press will live tweet, below]

Judge Kaplan: Madam Foreperson, I understand the jury has reached a verdict. Please hand it to Andy. Thank you. The clerk will publish the verdict. Please rise. Count 1: Guilty. Count 2: Guilty. Count 3: Guilty.

Deputy: Count 4? Guilty. Count 5: Guilty Count 6: Guilty. Count 7: Guilty. Deputy: Thank you. Judge Kaplan: There's another question, Andy. Deputy: Either or both?  Both.

SBF's lawyer Mark Cohen: We would like the jury polled. [Verdict is confirmed]

Judge Kaplan: Jurors, I thank you. You did what we hope all citizens do when called for service. That was your call. In just a minute I am going to discharge you. You can speak about it

 Judge Kaplan: If you do speak, be sensitive to the feeling of other jurors. If anyone involved in the case contact you and you say no and they don't take no for an answer, I will take appropriate steps if I lawfully can do so. Leave your notes there

Judge Kaplan: We have scheduled a second trial for March 11 [2024]. Let me know by February 1 if that is going to proceed. I want an update on that. What is the government's position on setting a sentencing date on this? AUSA Roos: Let's get the PSR process going

 Judge Kaplan: I'll need Andy for that. Or I can fly blind, let's see if I can get my own calendar up. We'll set sentencing for March 28 at 9:30 in morning. Defense submission by Feb 16, US by March 8. Enough time, Mr. Cohen? Cohen: Could we have more time?

 Judge Kaplan: Feb 27, March 15. Anything else? Cohen: Post trial motion schedule - we ask for the 20th of November. AUSA Roos: Can we have 3 weeks? Judge Kaplan: Dec 11. Anything else? Cohen: No. Roos: No. Judge Kaplan: Good job all around. Thanks. All rise!

 Judge leaves. Joe Bankman and Barbara Fried are in the front room of the gallery. They hug; she appears to cry. Sam Bankman-Fried is led back into the holding cell.

Book:
Nov 2-3, 2023:  "Crypto Criminal: The Conviction of Sam Bankman-Fried: As live tweeted and investigated from inside the SDNY courthouse by Matthew Russell Lee,"  https://www.amazon.com/dp/B0CMJF66XR


October 30, 2023

Bankman-Fried Says He Wanted to Impact the World But Surprised by $8 Billion Hole

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Oct 27 – For US v Sam Bankman-Fried, after more than a day of jury selection, late morning on October 4 the twelve and six alternate were selected. Inner City Press live tweeted the voir dire here and more below

On October 27, SBF was on the stand all day. Inner City Press live tweeted, including thread

Cohen: Why did you where the shorts and T-shirts? SBF: I found them comfortable. Cohen: Why the long hair? SBF: I was lazy.

 Cohen: Who is in this photo: SBF: Katy Perry, Michael Kives, Kate Hudson and me. We were running a Super Bowl ad. 

Cohen: When had you met Michael Kives? SBF: It was Kives' and I had been wandering the stadium, I ran into them and they invited me in

 Cohen: Did you invest in Kives' K5? SBF: Yes. I thought they had promising incubations. And celebrity contacts. Cohen: Did you want to contribute to candidates? SBF: Yes. In 2020, then more in 2021 and 2022. Cohen: Why? SBF: I thought I could impact the world

 SBF: I was interested in pandemic prevention. So I thought policy was important, Congres and the Executive Branch. Some were by FTX for crypto currency lobbying - some, not most. Cohen: The crypto lobbying was for? SBF: A US regulatory structure

 Cohen: Who else made donations? SBF: Nishad and Ryan Salame? Cohen: Did you discuss them with Mr. Salame [he pronounces it Salaam]? SBF: No. Cohen: Your donations were from? SBF: Loans from Alameda research.

 Cohen: Did you work with political consultants? SBF: Yes. I had a full time job. So I hired them. Cohen: Did you know Michael Sadowsky? SBF: He, of Guarding Against Pandemics. Cohen: What about Congressmembers? SBF: I discussed crypto and other issuesCohen: Did you testify to Congress?

SBF: Late 2021, and early 2022 and one in late Spring early Summer of 2022. The House Financial Services Committee invited me. I declined. They invited more strongly and I accepted. Then Agriculture, about the CFTC.

 SBF: Then Agriculture had a hearing about our application to the CFTC. Our competitors were -- AUSA: Sassoon: Objection. No foundation. Judge Kaplan: Sustained. Cohen: New topic. Are you familiar with EcoSerum and SRM? SBF: Yes. I spoke with Nishad about it

 SBF: I spoke with them about if our 2021 revenue was in fact over $1 billion. Cohen: Why was that important? SBF: It's a round number.

 Cohen: Why did FTX use Slack and Signal? SBF: They are conversational.  Cohen: What is encryption? SBF: It's like in World War II... on the Internet, it's about only the sender and receiver seeing the message.  We thought it was good.

AUSA Sassoon: Objection - who is "we"? SBF: I am sorry, I meant me, I often say "we" to not single myself out from other employees. Cohen: What about records retention? SBF: Some had to be kept, some should be not kept, and then those in the middle.

 Cohen: What about these calls? SBF: We had on Dan Friedberg.. and Brett Harrison.

  More on Substack here

October 23, 2023

In Bankman-Fried Trial Can Sun in from Japan with NPA Says He Was Shocked Crypto Creeps

by Matthew Russell Lee, Patreon Book Substack

LITERARY SDNY, Oct 19 -- Nineteenth day of October and the prosecutors of SBF put just two witnesses on the stand. The first was former General Counsel Can Sun, in thousand dollar glasses, fresh in from Japan with a non-prosecution agreement.

  He was shocked, he insisted, when he learned that there were seven billion dollars missing. Not so shocked, however, that he didn't do his lawyerly job and provide Sam with alternate plausible explanations of the missing money.

 Escheatment, that was his big one. A longer word for cheating? No, the seizure of dormant cash. Natch. 

   Next and last before the weeklong break was the head of Third Point in Hudson Yards, one Boroujerdi. He had stayed up late in his NYC apartment to talk to Sam by Zoom from Hong Kong about the risk engine.

   He insisted he never would have invested if he'd known Alameda was exempt from it. There was virtually no cross examination. 

    Kurt Wheelock went to start writing up the story, such as it was - then realized the parties were still in the courtroom. He rushed back up, but the door was being locked. He waited outside.

   Later one of the defense team came out and joked that it had only been about a mis-numbered exhibit. Oh and that Sam was getting his meds. Would he be testifying next week? Their Request to Charge left it both ways.

More on this on Substack here

More book sample on Substack here. Extended on Patreon here.

Book here

October 23, 2023

October 16, 2023

Bankman-Fried Trial Trabucco On Signal on Final Day While BlockFi Cries Crypto Creeps

by Matthew Russell Lee, Patreon Book Substack

LITERARY SDNY, Oct 13 -- Thirteenth day of October and on the stand in the SBF trial trial was the former CEO of the now-bankrupt BlockFi, Zac Prince.

They'd lent a billion dollars to FTX and Alameda and lost $650 million of it when the dust so quickly settled.   

SBF's lawyer Cohen, in another meandering cross examination, asked if he hadn't known that FTT was illiquid.

But how was that the point? Had he known that FTX was taking customers deposits and letting Alameda use them, to make huge "loans" to Sam and the others?  

Speaking of Sam(s), where was Sam Trabucco? It emerged -- Kurt Wheelock spotted -- that Sam Trabucco, who supposedly left Alameda in August 2022 before the sh*t hit the fan, was still on a four-person Signal chat on D-Day, November 5, 2022, the one in which Ellison said she'd offer to buy all of CZ's FTT at $22. 

  Some replied that maybe he'd just been left on the chat. That seemed unlikely, given that only four people were on it: Sam Bankman-Fried, Caroline Elison, Ben Xie and.. Sam Trabucco. 

  Then others argued that Sam Trabucco, at least in the part of the chat the prosecutors had put into evidence, had not "said" anything. But he should have been and will should be indicted not for his role on November 6 but for his active involvement in the China bribe: conspiracy to violate the FCPA. It was open and shut. 

  Prosecutorial discretion, Kurt was finally told. But he'd seen this before, when they went after those who paid bribes in the UN but not those who took them, who remained there, all the way to the top. 

  Kurt's view was that while prosecutorial discretion might knock down in court a defense of selective prosecution, it was something that had to be looked at, in detail.

These were offices that wielded power, power to put people in prison or to allow some criminals to go free. But to cover them, journalistically, people needed access and that led to a certain kind of stories. 

  To say they were appointed by the party in power was just the start of it. The issue has come up in the Ghislaine Maxwell case, when Kurt and others had derided the narrow prosecution, others being allowed to get away. But this was different

More on this on Substack here

More book sample on Substack here. Extended on Patreon here.

Book here
October 9, 2023

Bankman-Fried Exposed By Math Camp Gary While Everdell Caught in Loop Like Ghislaine

by Matthew Russell Lee, Patreon Book Substack

LITERARY SDNY, Oct 6 -- Sixth day of October and in the SBF trial Judge Kaplan was growing angry with Sam's lawyers.

 It happened during the cross examination of Gary Wang, who was in his second day of testimony, with a third to come.

It had been said he couldn't speak but here he was, speaking. And taking Sam apart.

   Gary explained how Alameda could trade faster than others on FTX. (On cross, Everdell try to ascribe this to not having to go through CloudFlare).

How Sam lied on TV and on Twitter, and on phone calls Gary overheard as Sam walked around the Bahamas office in his cargo shorts.

  At the end of the direct, Gary was asked about his cooperator's deal, his hope to serve no jail time at all.

People asked and Kurt Wheelock answered: cooperators could still go to jail. He used the example of money launderer Gilbert Armenta in the OneCoin case, who'd gotten a five year sentence. Of course, he had violated his cooperation agreement, moving to sell his airplane. 

 Sam's two jets were being taken under forfeiture. Maybe, just maybe, some of the money would go back to FTX's victims.  

 During  a 15 minute break Kurt ran across to 40 Foley Square, the murder trial there. On the way he passed the crowd of crypto reporters who'd stepped outside to use their phones and laptops as he'd used to have to do, during the UN corruption trials of Ng Lap Seng and then Patrick Ho. Out in the snow. He commiserated.  

  In Courtroom 318 of 40 Foley Square, a cooperator was on the witness stand - and he was in Essex jail yellow, with Marshals discretely by his side. Yes, cooperators can go to jail. Though this one had probably only reached out to snitch AFTER he was in jail. He didn't get an offer in advance like Gary and Caroline and Nishad.

  And where was Sam Trabucco, people kept asked - and where was Dan F? There was at least one more government witness with an immunity deal. Which one or who would it be? 

 Kurt got back late from 40 Foley, and missed some of the testimony. He kicked himself. But all these other cases couldn't just be let go. He jumped back in, with Everdell's repetitive cross examination. Mr Wang, you say you met Sam in math camp --  

 We have already heard this, the judge said. Move on and don't do it again. 

  But Everdell would, again and again. As he'd done in the Ghislaine Maxwell trial..

More on the SBF trial comparisons (Maximum Ghislaine Maxwell) and parents on Substack here

More book sample on Substack here. Extended on Patreon here.

Book here

October 2, 2023

Bankman-Fried Wants to Stop Ukraine Victim of FTX from Testifying Remotely, Saturday Filing

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Sept 30 –  Sam Bankman-Fried of FTX on August 11, 2023 for tampering with witnesses in the upcoming trial against him was ordered remained to jail.

 U.S. District Court for the Southern District of New York Judge Lewis A. Kaplan heard from prosecutors that in Putnam County Correctional Facility, SBF could be given access to discovery material over the Internet.

Kaplan replied that he assumed the defendant would be in the Metropolitan Detention Center in Brooklyn, like fellow crypto-fraud defendant Miles Guo and others.

  On August 12 Inner City Press, which published the first book about SBF's remand ("Crypto Creeps," here, sample on Substack here) found the Bureau of Prisons notice, listing SBF in the MDC.

On August 14, the DOJ prosecutors docketed their superseding indictment against SBF, with Count 8, Campaign Finance, dropped ostensibly at the request of the Bahamas. Inner City Press immediately published the superseding indictment on its DocumentCloud here.

  On Saturday, September 30 the prosecutors filed a letter asking for permission for remote testimony, citing the example of a young man in Ukraine who lost his life savings to FTX but is banned from leaving Ukraine. SBF opposes the testimony - letter on Patreon here

 More details on Substack here

More book sample on Substack here. Extended on Patreon here.

Book here
September 25, 2023

Bankman-Fried Bid for Experts Thomas Bishop and Brian Kim at Trial Denied under Rule 16

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Sept 21 –  Sam Bankman-Fried of FTX on August 11, 2023 for tampering with witnesses in the upcoming trial against him was ordered remained to jail.

 U.S. District Court for the Southern District of New York Judge Lewis A. Kaplan heard from prosecutors that in Putnam County Correctional Facility, SBF could be given access to discovery material over the Internet.

Kaplan replied that he assumed the defendant would be in the Metropolitan Detention Center in Brooklyn, like fellow crypto-fraud defendant Miles Guo and others.

  On August 12 Inner City Press, which published the first book about SBF's remand ("Crypto Creeps," here, sample on Substack here) found the Bureau of Prisons notice, listing SBF in the MDC.

On August 14, the DOJ prosecutors docketed their superseding indictment against SBF, with Count 8, Campaign Finance, dropped ostensibly at the request of the Bahamas. Inner City Press immediately published the superseding indictment on its DocumentCloud here.

On August 25 SBF's lawyers wrote in again, saying two days a week in the holding cell with a laptop is not enough. Full letter on Patreon here

On September 15, the prosecutors objected to SBF's bid to ask jurors about, among others things, effective altruism. Full letter on Patreon here.

On September 21, Bankman-Fried listing as expert witnesses Thomas Bishop and Brian Kim was denied by Judge Kaplan, "completely failed to satisfy the requirements of FRCP 16." Full ruling on Patreon here.

On August 22, SBF was arraigned by SDNY Magistrate Judge Sarah Netburn. Thread

More August 22 details on Substack here

More book sample on Substack here. Extended on Patreon here.

Book here

September 18, 2023

Bankman-Fried Bid to Ask Jurors About Effective Altruism on Oct 3 Opposed by US

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Sept 15–  Sam Bankman-Fried of FTX on August 11, 2023 for tampering with witnesses in the upcoming trial against him was ordered remained to jail.

 U.S. District Court for the Southern District of New York Judge Lewis A. Kaplan heard from prosecutors that in Putnam County Correctional Facility, SBF could be given access to discovery material over the Internet.

Kaplan replied that he assumed the defendant would be in the Metropolitan Detention Center in Brooklyn, like fellow crypto-fraud defendant Miles Guo and others.

On September 15, the prosecutors objected to SBF's bid to ask jurors about, among others things, effective altruism, writing to Judge Kaplan that "Whether or not the defense can establish an admissible purpose for the defendant’s purported philanthropic commitments, voir dire is not the appropriate forum to suggest to the jury that the defendant was simply a good guy who wanted to make the world a better place." Full letter on Patreon here.


September 11, 2023

FTX Ryan Salame Pleads Guilty to Campaign Finance Charges that DOJ Let SBF Avoid

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Sept 7 –   After Sam Bankman-Fried had the campaign finance charged against him dropped, ostensibly at the request of the Bahamas, on September 7, 2023 FTX / Alameda's Ryan Salame pled guilty to them.   There was a proceeding before U.S. District Court for the Southern District of New York Judge Lewis A. Kaplan. Inner City Press live tweeted it, thread

September 4, 2023

Bankman-Fried Given to Friday to Ask Postpone Trial & Sept 5 Report on Laptop & Net Use

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Aug 30 –  Sam Bankman-Fried of FTX on August 11, 2023 for tampering with witnesses in the upcoming trial against him was ordered remained to jail.

 U.S. District Court for the Southern District of New York Judge Lewis A. Kaplan heard from prosecutors that in Putnam County Correctional Facility, SBF could be given access to discovery material over the Internet.

Kaplan replied that he assumed the defendant would be in the Metropolitan Detention Center in Brooklyn, like fellow crypto-fraud defendant Miles Guo and others.

  On August 12 Inner City Press, which published the first book about SBF's remand ("Crypto Creeps," here, sample on Substack here) found the Bureau of Prisons notice, listing SBF in the MDC.

On August 14, the DOJ prosecutors docketed their superseding indictment against SBF, with Count 8, Campaign Finance, dropped ostensibly at the request of the Bahamas. Inner City Press immediately published the superseding indictment on its DocumentCloud here.

On August 25 SBF's lawyers wrote in again, saying two days a week in the holding cell with a laptop is not enough. Full letter on Patreon here

On August 29, the US filed that "the USMS has also offered to transport the defendant two days per week to the 500 Pearl Street cellblock... after only two prior sessions, the defendant declined this week to take advantage of this accommodation, citing dissatisfaction" - full letter on Patreon here

On August 30, Judge Kaplan held a hearing, resulting in him asking for a report on discovery review by Sepember 5, and telling the defense to ask for an adjournment of trial, if they're going to, by September 1. Inner City Press thread:

Judge Kaplan: We're address the motions in limine, the MDC situation, then the advice of counsel defense...  SBF's lawyer: We are getting discovery late, because of the speed with which the government chose to charge this case - Judge: It was the grand jury.

 SBF's lawyer: We chose an aggressive date for our client to clear his name. But we have a right to discovery. Judge Kaplan: You're complaining that the government got the information late, correct?

SBF's lawyer: They charged the case before they ask for these docsSBF's lawyer: Our client is in jail and can't search these documents as he could when he was out.  Judge Kaplan: Anything else? SBF's lawyer: Do they plan additional productions? This is too late in the game. Judge Kaplan: You haven't asked for more time.

Judge Kaplan: Would you like to ask [for more time]?

SBF's lawyer: Not at this time. 

Judge Kaplan: Has you gotten FTX's code base? SBF's lawyer: We got it from the debtors. But our client has to look at it online. Judge Kaplan: What about your 7 expert witnesses? Inner City Press @innercitypress · 58m SBF's lawyer: It's a bespoke code base -

Judge Kaplan: A what?

SBF's lawyer: A bespoke code base, best understood by those who designed it. Judge Kaplan: The code basis edits, did you ask the FTX debtors for it? SBF's lawyer: I have to go back and check my notesJudge Kaplan: Both sides proposed this schedule. I approved it.

Assistant US Attorney: Correct. The defense keeps asking for the Slack messages the FTX debtors have. We are transferring them. They are text searchable. Then there's the Google docs - they're his own

 AUSA Rehn: The FTX debtors tell us they have provided the defense to the code base edits, which they call the Commit history. We told them we had to processing the Slack messages from Gary Wang's laptop. There's no surprise. SBF's lawyer Everdell: There is...

 Judge Kaplan: I'm not going to be precluding any of them [from use at trial.] In the defense's letter of Aug 28, the accusations of broken promises are not at all accurate. In January the government made clear it would obtain information on an ongoing basis

 Judge Kaplan: These Google documents, the defendants had essentially unfettered access to from his parents' home until he was detained on August 11. Now the defense claims concerning an alleged deluge of documents is seriously exaggerated. I will not preclude

Judge Kaplan: If the defendant feels he needs a postponement, they can ask for it. I'm not saying I would necessarily grant it. They'd have to demonstrate a need - not just recount the number of documents. There's got to be more meat on those bones.

Judge Kaplan: The deadline for me to request a jury for an October 3 trial is September 7. So if you are going to move, do it by the end of this week. We already have a second trial date, March 11, held against the possibility the Bahamas grants consent.

Judge Kaplan: I'm not saying I would grant an extension. I'll just laying all the cards on the table, reserving all rights. Let's go to the MDC issues. Why doesn't he have the hard drives? And to the defendant, what's the problem with the battery life? Get a cord

 Judge Kaplan: I will want to hear from the defense why the defendant did not avail himself of the opportunity to come to the courthouse twice this week. AUSA Kudla? AUSA Kudla: We got approval for the laptop, we got it this morning and delivered it prior to this

 AUSA Kudla: The laptop can be used every weekend 8 am to 7 pm, Saturday and Sunday from 8 to 3. The hard drives, BOP Legal has agreed to procedures which will expedite this - they can give them in visiting hours. On battery life, it's faster for them to order it

 AUSA Kudla: He is able to review discovery 70 hours a week.  Counsel can visit him 7 days a week. This is not a pro se defendant - he has many lawyers & experts, who prepare around the clock.  Judge Kaplan: What about the Internet connection? AUSA: It's not 5G

Judge Kaplan: They complain about the cell block. What about the proffer room? AUSA Kudla: Using the Marshals there takes them away from other defendants.  SBF's lawyer Mark Cohen: Until now, there's been no Microsoft Office suite. With that, he can take it back

 SBF's lawyer: First time he showed up, there was only one hour charge on the battery. Judge Kaplan: You could be the ones to bring backup battery. SBF's lawyer: He wanted to bring papers, but no. There always something.  We have no faith. We want temporary release

Judge Kaplan: I'm not going to rule on this application now. I'd like a joint report Tuesday morning  concerning the exact situation at the MDC as of that time.  We'll see. If there'll be an application for more time by the defense it would best be made by Friday

Judge Kaplan: On advice of counsel, I'd like a joint proposal by the close of business Friday.  I'll resolve that over the weekend. I'm grateful for the zealous advocacy. Anything else? SBF's lawyer: Not from the defense. AUSA: We don't think adjournment needed

 Judge Kaplan: I would wish you a good weekend but that would be rubbing salt in an open wound. Have the best one you can. Adjourned.

On August 22, SBF was arraigned by SDNY Magistrate Judge Sarah Netburn. Thread

More August 22 details on Substack here

More book sample on Substack here. Extended on Patreon here.

Book here

August 28, 2023


US Sued Javice For Fooling JPM Chase Now Judge Wants Bank and Docs in Court Sept 26

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Aug 23 – JPMorgan Chase bought a start-up called Frank, which claimed to have 4 million students signed up to file their FAFSA forms, for $175 million. Then Chase learned Frank had only 300,000 customers.

On April 4, 2023, Frank founder Ms. Charlie Javice was brought before U.S. District Court for the Southern District of New York Magistrate Judge Barbara C. Moses, represented by Quinn Emanuel. 

 The complaint quotes Javice messages with the engineers she hired to create the false data, and to enter in data she bought on the open market. To one of them, she is quoted, "We don't want to end up in orange jumpsuits."  

 In the tri-state, it is Westchester County Department of Corrections in Valhalla that dresses its inmates in orange. MDC Brooklyn uses beige; Essex County Corrections Facility in New Jersey uses yellow.

   In any event, white collar defendant Javice, who took on an appropriately or strategically contrite look on Worth Street still barricaded for the nearby state court arraignment of former President Donald Trump, was freed on $2 million bond, travel restricted to SDNY and EDNY and the Southern District of Florida, where she lives.

On May 18, Javice was indicted on bank, wire and securities fraud counts, and the case assigned to District Judge Alvin K. Hellerstein.

In June the US prosecutors sought to intervene in and stay the SEC's case against Javice. Inner City Press attended and covered the oral argument and now first reports that Judge Lewis J. Liman has granted the motions to intervene and stay, noting among other things that "Javice will have access to a vast amount of material usable in the civil case through the means of Rule 16 discovery in the criminal case. That discovery will include virtually all of the SEC’s investigative file. And it will include documents from at least 30 different third parties. She has not made a convincing case that she needs more document discovery to be prepared to move quickly in this case when the criminal case is resolved and the stay is lifted."

The (stayed) civil case is Securities and Exchange Commission v. Javice et al, 23-cv-2795 (Liman)

On July 13, Javice and her co-defendant were arraigned, and Judge Hellerstein asked why JPMC didn't find the fraud in due diligence. Inner City Press was there, thread:

All rise!

Judge: How do you plead? Javice: Not guilty. Judge: How do you pronounce your name? Javace? Javice: "Jah-veese."

Judge: And Mr Amar?

Amar (takes off COVID mask still required in this courtroom) Not guilty

 Judge Hellerstein: I'm puzzled, why didn't JP Morgan Chase figure this out during due diligence? AUSA: They created fake data. [Javice is shaking her head No, pink cardigan tied over her shoulders]

 Judge: Defense wants a delay? Spiro: The US is just regurgitating JPM Chase's civil case. AUSA: Mr Spiro is confused about Rule 16. Judge: Can you subpoena JPMC? AUSA: We'd have to see if that complies with Rule 17. Judge to AUSA: Why don't *you* subpoena JPMC?

 AUSA: We'll be getting it. Judge: We'll meet in 30 days. August 15 at 11 am.  I'll sent a motion schedule at that time. Adjourned.


On July 27, the prosecutors wrote it to say they are unavailable on August 15, and that the Court said it would be available on September 20. But Javice will not consent to exclude Speedy Trial Act time until then. Letter on Patreon here.

On August 23, Inner City Press was there. Thread:

 All rise!

AUSA: JPM Chase will finish producing its privilege logs by November. Then we could set a motion schedule.

 Javice's lawyer Alex Spiro: My client was arrested in April. We want their internal communications. Judge: I want a conference earlier, on privilege disputes. I'm not pleased with JPMorgan's delay.  AUSA: We'll let them know.

[Strange that JPMC doesn't have a lawyer here. There are 3 people in the gallery Inner City Press doesn't recognize]

 Judge: I want JPM's production complete by Oct 13, with privilege logs on a rolling basis... We meet Seot 26, at 2:30.

Spiro: Let's not have groundhog's day again. JPM seems to be driving the process. We need the names of record custodians

 AUSA: We can't tell JP Morgan how to respond to the subpoena. It seems the defendant wants to drive the bus--

Judge Hellerstein: I'll be driving the bus.

Co-defendant's lawyer Buckley: Speaking about the bus--

Judge Hellerstein: Let's not use that metaphor anymore.

AUSA: The Devil's in the details [Still using that one...] Spiro: We want a copy of the subpoena AUSA: They just keep demanding things Judge: What's new

 [Co-defendant's lawyer Buckley passes a note to Spiro, who doesn't read it. At least at first. Pause is taken so the two prosecutors can whisper; now it's read] AUSA: We don't share subpoenas due to grand jury secrecy Rule 6(e) Spiro: We can subpoena the subpoena

Judge: By Sept 1, defendants must make all their custodian demands Buckley: The government has given us copies of other subpoenas, and riders thereto- Judge: The text of the subpoenas by Aug 30

Judge Hellerstein: Chase will have to be here [in court] on Sept 26, the documents should be brought to the courtroom for my ruling... Joint letter by Sept 21 [He is driving the bus]

Judge Hellerstein: So after Sept 26, we'll get together, to discuss a trial date and length of trial,  on Oct 24. [Speedy Trial Act time excluded until then, on consent] Adjourned.

 Watch this site.
August 21, 2023

Bankman-Fried Wants Internet in Courthouse 5 Days a Week Until October, Crypto Creeps

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, April 18 –  Sam Bankman-Fried of FTX on August 11 for tampering with witnesses in the upcoming trial against him was ordered remained to jail.

 U.S. District Court for the Southern District of New York Judge Lewis A. Kaplan heard from prosecutors that in Putnam County Correctional Facility, SBF could be given access to discovery material over the Internet.

Kaplan replied that he assumed the defendant would be in the Metropolitan Detention Center in Brooklyn, like fellow crypto-fraud defendant Miles Guo and others.

  On August 12 Inner City Press, which published the first book about SBF's remand ("Crypto Creeps," here, sample on Substack here) found the Bureau of Prisons notice, listing SBF in the MDC.

On August 14, the DOJ prosecutors docketed their superseding indictment against SBF, with Count 8, Campaign Finance, dropped ostensibly at the request of the Bahamas. Inner City Press immediately published the superseding indictment on its DocumentCloud here.

  SBF World was the second largest donor to Democrats in the 2022 cycle... More analysis, including of Nishad Singh guilty plea to the count, on Substack here. Watch this site.

 On August 18 SBF's lawyers wrote in to ask - or demand - that he be produced 5 days a week to the 500 Pearl Street SDNY courthouse into the fifth floor proffer room - letter on Patreon here. Watch this site.

More sample on Substack here. Extended on Patreon here.

Book here

August 14, 2023

Bankman-Fried Bail Revoked So Jailed As US Claims Can't Pursue Campaign Finance Charges

By Matthew Russell Lee, Patreon Substack

SDNY COURTHOUSE, Aug 11 – Sam Bankman-Fried of FTX was indicted in the U.S. District Court for the Southern District of New York, leading to his arrest in the Bahamas on December 12, 2022 and extradition to the US on December 21, 2022.

On August 11, 2023 he was remanded to jail, Inner City Press thread

here:

OK - now US v. Bankman-Fried hearing on possible remand of SBF to jail for intimidating witnesses, including leaking Caroline Ellison's Google Docs (still sealed) to the NYT. Inner City Press moved to unseal here  & will live tweet, thread below

All rise! Judge Kaplan: I thank you for coming in.

Judge Kaplan: I come to the more recent event, the NYT July 20 article, Inside the Private Writings of Caroline Ellison. Her insecurities are described and her personal relationship with the defendant. The article doesn't state the source of the materials

 Judge Kaplan: Mr. Bankman-Fried entertained the reporter at his parents' home in Palo Alto and showed some portion of Ms. Ellison's private writings. The US said it was to intimidate her and others. The defense says it's about a First Amendment right

Judge Kaplan: Was he motivated in part by a desire to intimidate? The defense says he's gotten bad press and has a right to try to repair his reputation. Fair enough. But I find that there is a practical possibility it was intended to have them back off

Judge Kaplan: The defendant had the reporter come to his home and didn't give him copies but rather see it and take notes. There are quotes in the NYT identical to the language in those documents [which are still sealed despite this

Judge Kaplan: This defendant tries to go right up to the line - his use of the VPN to watch a football game over an account he wasn't authorized, there it is..

Judge Kaplan: He subscribed from the Bahamas and used a VPN as if he were in the Bahamas when he was in Palo Alto and could have watched it on public TV. It shows the mindset. All things considered I am going to revoke bail.

Judge Kaplan: I am focused on the possibility that he will be detained at the MDC, not on anyone's list of five star facilities. That said, I understand he could have a dedicated laptop at the MDC [Many have it - James Garlick, for example] 9, 10, 11 hours a day

Judge Kaplan: There is Section 3142(i), the judicial officer can release the defendant for preparation of defense. What that says to me is that on an appropriate showing, I could entertain an application for Mr. Bankman-Fried to spend time in counsel's office

 Judge Kaplan: Ms. Sassoon?  AUSA Sassoon: The government communicated with the MDC, you are correct they have desktops and situations with laptops. We propose Putnam because where we are in the case, it could take weeks to load a laptop. So we say Putnam with 'Net

AUSA Sassoon: The FBI would assist with transporting him to Putnam. During trial, in the MDC. The discovery issues will be more manageable then. On 3142(i), my understanding is there are obstacles arranging to bring a defendant to an attorney's office

Judge Kaplan: If Mr. Cohen feels he needs something like that, I'll do it, if I'm convinced it's safe. Mr. Cohen: We intend to appeal this. We need a written order. Judge Kaplan: You'll have the transcript overnight. I can do a short form order today

 Cohen: We have an application to stay today's ruling pending appeal. AUSA Sassoon: We oppose that.  Cohen: There are important issues here. We have an unusual situation factually. We think the Circuit will take it up quickly.

 AUSA Sassoon: There is a reason for concern, who knows what mischief he could accomplish in the next few days. Judge Kaplan: Mr. Cohen, I deny your application because I disagree there's anything novel here other than the factual issue.

Judge Kaplan: The defendant is remanded. AUSA Sassoon: This should not change the trial date. We'll stick to all deadlines. [US Marshals move in - SBF takes off his jacket and tie, leans down to take off his shoelaces

Now, still in courtroom, handcuffs are applied to Sam Bankman-Fried. He's taken out the door.

Family exit video here; vlog here

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

August 7, 2023


JPM Chase Was Fooled by Frank Founder Now Indicted Javice Opposes Adjournment to Sept

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, July 27 – JPMorgan Chase bought a start-up called Frank, which claimed to have 4 million students signed up to file their FAFSA forms, for $175 million. Then Chase learned Frank had only 300,000 customers.

On April 4, 2023, Frank founder Ms. Charlie Javice was brought before U.S. District Court for the Southern District of New York Magistrate Judge Barbara C. Moses, represented by Quinn Emanuel. 

 The complaint quotes Javice messages with the engineers she hired to create the false data, and to enter in data she bought on the open market. To one of them, she is quoted, "We don't want to end up in orange jumpsuits."  

 In the tri-state, it is Westchester County Department of Corrections in Valhalla that dresses its inmates in orange. MDC Brooklyn uses beige; Essex County Corrections Facility in New Jersey uses yellow.

   In any event, white collar defendant Javice, who took on an appropriately or strategically contrite look on Worth Street still barricaded for the nearby state court arraignment of former President Donald Trump, was freed on $2 million bond, travel restricted to SDNY and EDNY and the Southern District of Florida, where she lives.

On May 18, Javice was indicted on bank, wire and securities fraud counts, and the case assigned to District Judge Alvin K. Hellerstein.

In June the US prosecutors sought to intervene in and stay the SEC's case against Javice. Inner City Press attended and covered the oral argument and now first reports that Judge Lewis J. Liman has granted the motions to intervene and stay, noting among other things that "Javice will have access to a vast amount of material usable in the civil case through the means of Rule 16 discovery in the criminal case. That discovery will include virtually all of the SEC’s investigative file. And it will include documents from at least 30 different third parties. She has not made a convincing case that she needs more document discovery to be prepared to move quickly in this case when the criminal case is resolved and the stay is lifted."

The (stayed) civil case is Securities and Exchange Commission v. Javice et al, 23-cv-2795 (Liman)

On July 13, Javice and her co-defendant were arraigned, and Judge Hellerstein asked why JPMC didn't find the fraud in due diligence. Inner City Press was there, thread:

All rise!

Judge: How do you plead? Javice: Not guilty. Judge: How do you pronounce your name? Javace? Javice: "Jah-veese."

Judge: And Mr Amar?

Amar (takes off COVID mask still required in this courtroom) Not guilty

 Judge Hellerstein: I'm puzzled, why didn't JP Morgan Chase figure this out during due diligence? AUSA: They created fake data. [Javice is shaking her head No, pink cardigan tied over her shoulders]

 Judge: Defense wants a delay? Spiro: The US is just regurgitating JPM Chase's civil case. AUSA: Mr Spiro is confused about Rule 16. Judge: Can you subpoena JPMC? AUSA: We'd have to see if that complies with Rule 17. Judge to AUSA: Why don't *you* subpoena JPMC?

 AUSA: We'll be getting it. Judge: We'll meet in 30 days. August 15 at 11 am.  I'll sent a motion schedule at that time. Adjourned.


On July 27, the prosecutors wrote it to say they are unavailable on August 15, and that the Court said it would be available on September 20. But Javice will not consent to exclude Speedy Trial Act time until then. Letter on Patreon here. Watch this site.

Back on May 22, Javice was arraigned, by video feed into the SDNY Mag Court. Inner City Press was there, thread here:

OK- now at Charlie Javice arraignment in SDNY Magistrates court - Javice is by video.

Mag Judge Gorenstein presiding. (Indicted case has been wheeled out to District Judge Hellerstein, who also has Trump removal of state criminal case) Alex Spiro of Quinn Emanuel for Javice, also virtual ...
July 31, 2023

For SDNY Trial of Hwang For Archegos $34B Meltdown He Seeks Subpoena of Goldman MS

By Matthew Russell Lee, Patreon Substack

SDNY COURTHOUSE, July 27 –  In the wake of the Archegos meltdown, the other shoe dropped on April 27, when the US Attorney for the SDNY unsealed and indictment charging Bill Hwang Patrick Halligan, Archegos’s CFO with racketeering conspiracy, securities fraud, and wire fraud offenses.   

 Inner City Press went to the SDNY press conference to ask, What about Credit Suisse and Nomura and people in those banks? What about the massive family office loophope to the Investment Advisors Act of 1940? This has come up in the OneCoin fraud case, on which the Office used perjured testimony and now agrees to delay after delay.

 Damian William referred obliquely to Hwang doing it in the dark, but otherwise the issue - which is addressed by a pending bill in Congress - did not come up. Nor did Lisa Monaco, present in New York for the presser, address it.

On June 1, newly assigned District Judge Alvin K. Hellerstein held a conference in the case. Inner City Press attended and live tweet it here (and asked defense counsel a question later, here). Thread here.

Hwang's lawyer Larry Lustberg predicts robust motions. Hwang's co-defendant Halligan's lawyer says this is like the NBA, sharp elbows. Predicts omnibus motions on/against RICO allegations.

Judge Hellerstein: How about ten weeks from today, you chart your motions, consolidated as much as possible. Aug 9 at 11.

Lustberg: No problem, judge.

 Judge Hellerstein: Maybe we need a list and definition of each alleged misrepresentation.

 AUSA: We expect them to request a bill of particulars.

Judge: Do it before the next conference, and put it on ECF. Maybe on Aug 9, I'll set the trial date. Mr Lustberg, when can you list what you're lacking?

Lustberg: Soon.

Judge: Time excluded until Aug 9. Adjourned.

And after, stand-up here, short Q&A here.

Jump cut to June 15, 2023, when the US - ostensibly for the defense, and trading off another case Inner City Press is covering, about fake passport(s), wrote: " The Government writes regarding the trial schedules in United States v. Hwang, 22 Cr. 240 (AKH), and United States v. Etoty, 20 Cr. 187 (AKH). On May 10, 2023, new counsel for defendant Sung Kook (Bill) Hwang entered appearances in Case Number 22 Cr. 240 (AKH). Hwang’s new counsel also contacted the Government, seeking consent for a trial adjournment, in part to accommodate certain personal scheduling conflicts. While the Government is prepared to proceed with the originally scheduled trial date, in light of discussions with Hwang’s new counsel, the Government writes on behalf of all parties to respectfully request that the beginning of trial in United States v. Hwang be adjourned to February 20, 2024. Trial in United States v. Etoty, 20 Cr. 187 (AKH), is currently scheduled to begin February 21, 2024. However, both to permit additional time to prepare for that trial and to accommodate the length of trial in United States v. Hwang, which the parties currently expect to last approximately two months" - full letter on Patreon here.

Back on July 14, Judge Hellerstein approved Hwang's request to be allowed, on three days' notice to the Office of Pretrial Services, to travel throughout the 48 states to "support the poor and oppressed" via Grace & Mercy Foundation.

On July 20 the US Attorney's Office asked to postpone the conference set for August 9 until September 8, saying it has been unable to complete the production of discovery.

And on September 8, with COVID masks voluntary in most of SDNY but in place in this courtroom, this: "Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Pretrial Conference as to Sung Kook (Bill) Hwang, Patrick Halligan held on 9/8/2022. Deft. Sung Kook Hwang pres. w/attys. Lawrence Lustberg, Thomas Valen and Jeffrey Nagel; Deft. Patrick Halligan pres. w/attys. Mary Mulligan and Tim Haggerty; Motions to be filed by 12/2/22; response by 1/12/23; reply 1/27/23; Trial set for 10/10/23; FPTC set for 10/4/23 at 10:00 a.m; Time is excluded until 10/10/23; in the interest of justice."

Jump cut to January 27, 2023, when Lustberg submitted another filing asserting prosecutorial misconduct, specifically misrepresentations that Hwang was a subject, not a target, of its investigation, and that the US was open minded about whether or not to charge Hwang. This could often be said or alleged.

On February 7, Judge Hellerstein citing time conflicts on the part of counsel pushed the trial into 2024: "SCHEDULING ORDER as to Sung Kook (Bill) Hwang, Patrick Halligan. A conflict with another trial having arisen on the part of counsel, trial in the above-captioned criminal matter is adjourned from October 10, 2023 to January 9, 2024."

On June 20, it was pushed back again: "SCHEDULING ORDER as to Sung Kook (Bill) Hwang, Patrick Halligan. Trial in the above-captioned criminal matter, by request of all parties, is adjourned from January 9, 2024 to February 20, 2024 at 10:00 a.m., in Courtroom 14D. The Final Pretrial Conference will be held on February 14, 2024 at 2:30 p.m. Time is excluded in the interest of justice from January 9, 2024 to February 20, 2024 pursuant to 18 U.S.C. § 3161. SO ORDERED (Signed by Judge Alvin K. Hellerstein on 6/20/2023)."

On July 27, Hwang wrote in seeking approval of subpoenas to Goldman Sachs, Morgan Stanley, Bank of Montreal, Credit Suisse, UBS, Nomura, MUFG, Mizuho, Macquarie, Jeffries and Deutsche Bank, to show he did not "use his lawfully executed swaps to artificially impact the prices of the underlying stocks." Watch this site.

July 24, 2023

Bankman-Fried Summoned to SDNY July 26 on Bail Conditions, Inner City Press Filed to Unseal

b
y Matthew Russell Lee, Patreon Substack

SDNY COURTHOUSE, July 21 – Sam Bankman-Fried of FTX was indicted in the U.S. District Court for the Southern District of New York, leading to his arrest in the Bahamas on December 12, and extradition to the US on December 21.

On February 28, with Bankman-Fried free on bond, FTX's Nishad Singh pleaded guilty to six criminal charges. Inner City Press put the charging document on its DocumentCloud here.

On March 10, Judge Kaplan held a proceeding. Inner City Press was there and live tweeted, thread here.

On March 27, Bankman-Fried's lawyers filed a sealed version of conditions it said DOJ agreed to - adding that "the Government does not object to the sealing request." Full letter on Patreon here.

On July 20, the US Attorney's Office at 11 pm wrote in: "the defendant has sought to publicly discredit a government witness by sharing her personal writings with a reporter so that these private documents would be featured in a New York Times article published today. As such efforts have the potential to taint the jury pool, and could have a chilling effect on witnesses, the Government respectfully requests an order that limits extrajudicial statements by parties and witnesses likely to interfere with a fair trial by an impartial jury. See SDNY Local Rule 23.1(h)" - and see full letter on Patreon here.

On July 21, Judge Kaplan ordered: "ORDER as to Samuel Bankman-Fried: The Court will hear argument on the government's letter application, dated July 20, 2023, on July 26, 2023 at 2 p.m. The defendant shall be present. At or before 11 a.m. on July 24, 2023, the government shall file the proposed order that it asks the Court to enter. The parties shall be prepared on July 26 to address, among other things, the adequacy and continuation of the current bail conditions.(Signed by Judge Lewis A. Kaplan on 7/21/2023)."


On July 13, SBF's lawyers sent Judge Kaplan a sealed list of people, not stating even the number of people, for whom the security guard requirement - to show not sharing phones with SBF - should to waived. They argue, as they did with the co-signers, that the list should be sealed. And they say the SDNY prosecutors agree.... Letter on Patreon here

Early on July 14, Inner City Press filed to unseal the list, filing on DocumentCloud here.

The case is US v. Bankman-Fried, et al., 22-cr-673 (Kaplan)

More with analysis on Substack here

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

July 17, 2023

Bankman-Fried Wants Cell Search Waived for Sealed List So Inner City Press Files to Unseal

By Matthew Russell Lee, Patreon Substack

SDNY COURTHOUSE, July 14 – Sam Bankman-Fried of FTX was indicted in the U.S. District Court for the Southern District of New York, leading to his arrest in the Bahamas on December 12, and extradition to the US on December 21.

On February 28, with Bankman-Fried free on bond, FTX's Nishad Singh pleaded guilty to six criminal charges. Inner City Press put the charging document on its DocumentCloud here.

On March 10, Judge Kaplan held a proceeding. Inner City Press was there and live tweeted, thread here.

On March 27, Bankman-Fried's lawyers filed a sealed version of conditions it said DOJ agreed to - adding that "the Government does not object to the sealing request." Full letter on Patreon here.

On July 13, SBF's lawyers sent Judge Kaplan a sealed list of people, not stating even the number of people, for whom the security guard requirement - to show not sharing phones with SBF - should to waived. They argue, as they did with the co-signers, that the list should be sealed. And they say the SDNY prosecutors agree.... Letter on Patreon here

Early on July 14, Inner City Press filed to unseal the list, filing on DocumentCloud here.

The case is US v. Bankman-Fried, et al., 22-cr-673 (Kaplan)

More with analysis on Substack here

July 10, 2023

Zilberberg Fraud Trial Cites FDIC Exam of Park Avenue Bank and TARP Subpoena

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, July 6 – Mendel Zilberberg was indicted for bank fraud while he was a board member of Park Avenue Bank. His trial was to start on January 23, 2023 - but actually began on July 5, 2023. Inner City Press was there.

Back on January 11, 2023 U.S. District Court for the Southern District of New York Judge George B. Daniels held an in-person final pre-trial conference.  Inner City Press went to cover it.   

But even as the next defendant, in a gun case, had his family setting up in the gallery, in the well of the courtroom Zilberberg's lawyer Ben Brafman was conferring with the prosecutors.

   When Judge Daniels took the bench, the parties asked for an adjournment, in light of 20,000 pages of FDIC documents just produced. No new trial date was agreed. Instead, a March 28 pre-trial conference was scheduled. 

 Judge Daniels asked about a related loan, to Zilberberg's niece.

 The prosecutor emphasized that she was a special education teacher, and did not have a business for the business loan. Judge Daniels said it might be cumulative, and/or prejudicial. 

 Brafman said the jury could be confused by the issue of taking advantage of a younger relative. Judge Daniels asked for a letter.

  Brafman wrote in the Loan 2, the Niece Loan, "has little, if any, probative value."

 On March 21, Judge Daniels had a final pre-trial conference and largely agreed, unless the door is opened during the trial to this loan. The trial was moved up to July 5 for jury selection.

On April 10, co-defendant Aron Fried who pled guilty submitted a lengthy but redacted sentencing submission, including on medical condition, asking for a below guideline sentence. But how much below?

On April 13, the US Attorney's Office asked for 30 to 37 months.

On April 18, Inner City Press went to Fried's sentencing. There were more than a half dozen supporters in the gallery. Judge Daniels asked about what Fried knew, and when. Fried spoke of bone cancer and bad advice.

 Judge Daniels sentencing Fried to a year and a day. Lead defense counsel asked for home confinement - Judge Daniels said no but that he might reconsider if major (presumably negative) developments on health before the surrender date. Defense counsel asked for a recommendation of designation to Otisville.

On July 5 the trial began. Ben Brafman told teh jury to pay attention to his cross examination of the cooperator, and return with a verdict of not guilty. Then the US put on the stand a man who makes prosthetic limbs and who sought a loan from Park Avenue Bank.

On July 6, the prosecution put on the stand FDIC Examiner Todd Goodman and showed notes and his and the NYSBD's meetings with Park Avenue Bank, about loans in violation of Reg O and TARP subpoenas. Zilberberg was there. Watch this site.

 This case is US v. Zilberberg, 19-cr-802 (Daniels)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

July 3, 2023

Meadow Bribed Cooperator For Insider Trading Info off Girlfriend Laptop so SDNY Indictment

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, June 29 – As the second of four insider trading prosecutions announced on June 29, 2023 by the US Attorney for the Southern District of New York Jordan Meadow was charged with using inside information stolen from a major investment bank in NYC. 

  The four prosecutions come a week after the conviction in SDNY of Brijesh Goel, formerly of Goldman Sachs. Goel testified on his own behalf in a trial covered by Inner City Press, which is also reporteding weekly on the SDNY prosecutors murky deal with Sam Bankman-Fried to agree to extradition from the Bahamas apparently in exchange for not seeking detention (unlike on Avi Eisenberg) and now with the China bribe charges severed or dropped. 

  Meadow offered and agreed to provide items of value, such as Rolex watches, to a friend, Steven Teixeira, in exchange MNPI that Teixeira obtained by secretly accessing confidential work documents on a personal laptop computer  belonging to Teixeira’s then-girlfriend, an executive assistant at the Investment Bank.  The documents on the Laptop contained MNPI about planned corporate acquisitions in which the Investment Bank served as an advisor.

  In or around late July 2021, Teixeira secretly accessed confidential work information on the Laptop and learned that in less than a week, Penn National Gaming, Inc. (“Penn National”), was going to acquire Score Media and Gaming Inc. (“Score”), a Canadian digital media company, for approximately $2.2 billion.  Teixeira shared this MNPI with a friend, who in turn shared it with MEADOW. 

MEADOW then purchased more than 769 call option contracts in Score  Then in March 2022, Teixeira secretly accessed confidential work information on his then-girlfriend’s laptop and learned about a planned corporate acquisition of VMWare, an enterprise software company, for approximately $65 billion.

 Teixeira shared this MNPI with his friend, who in turn shared it with MEADOW.  MEADOW purchased over 5,000 shares of VMWare stock, as well as call options contracts in VMWare, between May 9, 2022, and May 18, 2022, and advised his colleague at the brokerage firm to purchase VMWare securities. 

MEADOW, 34, of Warren, New Jersey, who was arrested on June 29, amid the unsealing of charges against Steven Teixeira, who has pled guilty pursuant to a cooperation agreement. 

 Another Niranjan?

  Inner City Press was at the presentment of Jordan Meadow, thread:

Meadow was arrested at 9 am - that's why he's the last up of the (NY) Four. Pleads not guilty. He is (was?) with Spartan Capital Securities. Bond is $1 million, secured by parents house and investment accounts. His mother is here

 The unnamed Investment Bank is Morgan Stanley. US is allowing Meadow to fly back to Las Vegas to pick up his family

Defense counsel says Meadow is seeking a job in Las Vegas. Poker is referenced.

The case, like another of the four, is wheeled to Judge Andrew L Carter, July 11 date.

The case is US v. Meadow, 23-cr-313 (Carter)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

June 26, 2023

JPM Chase Fooled by Frank Founder Free on $2M Bond now US Intervenes & Stays SEC Case

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, June 21 – JPMorgan Chase bought a start-up called Frank, which claimed to have 4 million students signed up to file their FAFSA forms, for $175 million. Then Chase learned Frank had only 300,000 customers.

On April 4, 2023, Frank founder Ms. Charlie Javice was brought before U.S. District Court for the Southern District of New York Magistrate Judge Barbara C. Moses, represented by Quinn Emanuel. 

 The complaint quotes Javice messages with the engineers she hired to create the false data, and to enter in data she bought on the open market. To one of them, she is quoted, "We don't want to end up in orange jumpsuits."  

 In the tri-state, it is Westchester County Department of Corrections in Valhalla that dresses its inmates in orange. MDC Brooklyn uses beige; Essex County Corrections Facility in New Jersey uses yellow.

   In any event, white collar defendant Javice, who took on an appropriately or strategically contrite look on Worth Street still barricaded for the nearby state court arraignment of former President Donald Trump, was freed on $2 million bond, travel restricted to SDNY and EDNY and the Southern District of Florida, where she lives.

On May 18, Javice was indicted on bank, wire and securities fraud counts, and the case assigned to District Judge Alvin K. Hellerstein.

In June the US prosecutors sought to intervene in and stay the SEC's case against Javice. Inner City Press attended and covered the oral argument and now first reports that Judge Lewis J. Liman has granted the motions to intervene and stay, noting among other things that "Javice will have access to a vast amount of material usable in the civil case through the means of Rule 16 discovery in the criminal case. That discovery will include virtually all of the SEC’s investigative file. And it will include documents from at least 30 different third parties. She has not made a convincing case that she needs more document discovery to be prepared to move quickly in this case when the criminal case is resolved and the stay is lifted."

The (stayed) civil case is Securities and Exchange Commission v. Javice et al, 23-cv-2795 (Liman)

Back on May 22, Javice was arraigned, by video feed into the SDNY Mag Court. Inner City Press was there, thread here:

OK- now at Charlie Javice arraignment in SDNY Magistrates court - Javice is by video.

Mag Judge Gorenstein presiding. (Indicted case has been wheeled out to District Judge Hellerstein, who also has Trump removal of state criminal cass) Alex Spiro of Quinn Emanuel for Javice, also virtual

 Judge Gorenstein read off, To drfraud JPMC and a certain other bank."

Could it be now failed Signature Bank? In any event, why not name them? And, some ask, why is SDNY serving as collection agent for banks' lack of due diligence? 

Next date is July 13, 2023: "Deft. pres. w/attys. Alex Spiro and Maaren Alia Shah; AUSAs, Dina McLeod and Micah Fergenson pres.; Next PTC is set for 7/13/23 at 10:45 am; Time is excluded until 7/13/23; in the interest of justice; Deft. contd. on bail. (Pretrial Conference set for 7/13/2023 at 10:45 AM before Judge Alvin K. Hellerstein)."

Spiro: They won't show us how or if JPMC relied on her representations. It's Brady material. AUSA: It's voluminous. We could live with running the time off the clock.

Exclusion of time under Speedy Trial Act granted  5f order read out, adjourned.

Note also in SDNY, JPM Chase is a defendant in Epstein victims' case.

More on Substack here.

  Inner City Press will stay on this case - and other JPMC cases, including the Jeffrey Epstein-related case against Chase in which CEO Dimon must give discovery.

  This case is US v. Javice, 23-cr-251 (Hellerstein)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

June 19, 2023

In Goldman Sachs Trial for Insider Trading Goel Took the Stand So Now to Answer Subpoena

By Matthew Russell Lee, Patreon Substack

SDNY COURTHOUSE, June 17 – Former Goldman Sachs investment banker Brijesh Goel was arraigned on insider trading charges on the morning of July 28, 2022. Inner City Press there - although the arraignment had not be listed in the docket, nor announced by prosecutors.

 Goel's case was assigned to U.S. District Court for the Southern District of New York Judge P. Kevin Castel, who held the arraignment.  

  Goel is accused of feeding inside information to his graduate school friend and squash partner Akshay Niranjan, at Barclays. 

On June 12, 2023, after jury selection, the trial began with opening arguments. Inner City Press was there and live tweeted, thread here:

On June 14, finally, Niranjan took to the stand, but not yet on cross. Thread here:

Judge Castel: Jurors, yesterday I told you about what happened in the Revolutionary War right near here. In 1777, our early flag was adopted. [Judge Castel to his credit has posters about history on his walls. He also issued this

On June 16, Niranjan finished, cross and re-direct (and was spotted by the courthouse cafeteria on 8, talking about going to the prosecutors' office on the 5th floor), thread here

SURPRISE - defendant Brijesh Goel has just taken the stand. Goel's lawyer: When did you know there was a problem with Mr. Goel?

Goel: By mid 2021, Mr. Niranthan had separated from his wife. He was going through issues. I was there for him.

 Goel's lawyer: After you played squash in late February [2022] what did you learn? Goel: Niranjan said his life was coming to an end, he was planning to go to India. I said I could help him get a job.

Goel's lawyer: Did you meet at Quality Meats? Goel: Yes.

[Quality Meats has steaks up to $195 - Inner City Press calls it "Inequality Meats.]

On Saturday, June 17 the US Attorney's Office complained Goel had yet to answer their subpoena. Goal's counsel promised an answer in two hours. Subpoena on Patreon here.

Inner City Press will continue to cover the case - watch this site.

June 12, 2023

On Tunisia IMF Tells Inner City Press It Stands Ready as President Kais Saied Slams IMF Recipes

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, June 8 – When the International Monetary Fund held a question and answer briefing on June 8, 2023, Inner City Press asked on Tunisia, about Italy's urging IMF help while President Kais Saied says the IMF provides "ready-made recipes" for treatment without knowing the causes of the disease.

  IMF Spokesperson Julie Kozack took the question and replied, diplomatically, about strong partnership and that the IMF stands ready.

  On Zambia, on which Inner City also submitted a question, Ms. Kozack said that after the May 25 meeting there is another one, of creditors. She was also asked about a New York law forcing creditors to the table - more on this to follow.

More on Substack here

June 5, 2023

In Epstein Case JPM Chase Opposed Class Cert Amid Jamie Dimon Deposition Transcript Here

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, May 31 – J.P. Morgan Chase and Deutsche Bank were sued for their enabling of Jeffrey Epstein, in lawsuits filed on Thanksgiving 2022 in the U.S. District Court for the Southern District of New York, where Inner City Press found them in the docket.

  Late on May 17, 2023, plaintiffs' lawyer David Boies selectively announced a $75 million settlement with Deutsche Bank. Nothing was filed in the docket. But the pressure on JPM Chase, and its CEO Dimon, grew.

More including class analysis on Substack here

On May 26, Judge Rakoff held oral arguments on class certification, noting that Dimon's deposition was taking place at that time. Inner City Press was there, thread here and below.

Here on May 31, Inner City Press is publishing the Dimon deposition, on Patreon here.

May 29, 2023

I
n Epstein Case JPM Chase Argues against Class Certification Amid Jamie Dimon Deposition

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, May 26 – J.P. Morgan Chase and Deutsche Bank were sued for their enabling of Jeffrey Epstein, in lawsuits filed on Thanksgiving 2022 in the U.S. District Court for the Southern District of New York, where Inner City Press found them in the docket.

  Late on May 17, 2023, plaintiffs' lawyer David Boies selectively announced a $75 million settlement with Deutsche Bank. Nothing was filed in the docket. But the pressure on JPM Chase, and its CEO Dimon, grew.

More including class analysis on Substack here

On May 26, Judge Rakoff held oral arguments on class certification. Inner City Press was there, thread here:

All rise!

Judge Rakoff: We're here on the question of class certification... I just got off the phone about a deposition taking place in the same case. You're missing all the fun, folks. (Laughs). Let's first consider Jane Doe's expert...

 Judge Rakoff: The expert writes, "Class certification is appropriate here" - but isn't that a legal conclusion?

Counsel to Jane Doe: Maybe it's a matter of drafting...

Judge Rakoff: I strike that first opinion.

 Counsel to Jane Doe: She is saying that Epstein could only run his sex trafficking conspiracy by having access to influential people. Judge: Duh. What's her expertise? Counsel to Jane Doe: She was at DOJ and interviewed a number of victims

Counsel to Jane Doe: Her experience does not have to be into JPMorgan Chase Bank -- Judge Rakoff: So what is it were Signature Bank?  Counsel to Jane Doe: She looked into banks while at DOJ. [Note: the expert at issue is Jane Khodarkovsky formerly of DOJ]

 JPMC's lawyer: She was 3 1/2 years at DOJ, not in sex trafficking, only money laundering. So she's not an expert.

Judge Rakoff: After 3 1/2 years at DOJ, maybe an expert in bureaucracy... JPMC's lawyer: We say, the issue of sex trafficking is not for class action

Judge Rakoff: The allegations is that Jeffrey Epstein enticed them into sexual acts by getting massages... I don't see why you need to be an expert to see that if the allegations are true, they may will violate the sex trafficking statute

Judge Rakoff: And that if the money to carry it out came from or through a bank that should have known, it may be liable - why is an expert needed on this?

JPM Chase lawyer: The question is, what are the indices of sex trafficking?

Judge: This is not a clean slate

 Judge Rakoff: The grand jury that issued the 2019 indictment found Jeffrey Epstein sexually exploited and abused dozens of minor girls at his various homes. I don't know what the expert's opinion adds to this. Chase lawyer: It's not susceptible to class treatment

 Judge Rakoff: We could have used a psychological expert, as was included in the case before Judge Nathan

JPMC lawyer: Their expert just parrots others' info.  Judge: To your adversary: If you had a frozen pipe, a plumber could opine... But aren't money laundering regulations laws, & the Court the expert? Doe's lawyer: She is an expert on how trafficking is financed

 Doe's lawyer: She example, she has expertise in the filing or not filing of Suspicious Activities Reports. Judge Rakoff: Are you saying an expert is needed because I have been asleep for the 99 cases on the topic of SARs? Let's turn to class certification...

Judge Rakoff: JPM Chase does not dispute that Mr. Epstein was involved in a longstanding sex trafficking venture that impacted dozens that required money to make it work.  JPMC's lawyer: We're not sure it's dozens- Judge Rakoff: Dozens is what the indictment says

 Doe's lawyer: This class should be certified - it was sexual exploitation and the commonality here is the bank. Epstein needed these obscene amounts of money from JPM Chase to continue with this. I may need a sidebar on this. Judge: About the SARs?

 [Sidebar is held; transcript to be sealed, Judge says]

Judge Rakoff: I have taught the class action seminar at NYU Law School, so I think I know the elements. Thank you, I will get you an order afterword. I'll get called at 5 on the Dimon deposition...

More on Substack here.

May 22, 2023

For Enabling Epstein Deutsche Bank to Pay $75M Blood Money, June 1 Fairness Hearing

By Matthew Russell Lee,
Patreon Maxwell book

SDNY COURTHOUSE, May 18 – J.P. Morgan Chase and Deutsche Bank were sued for their enabling of Jeffrey Epstein, in lawsuits filed on Thanksgiving 2022 in the U.S. District Court for the Southern District of New York, where Inner City Press found them in the docket.

  Late on May 17, 2023, plaintiffs' lawyer David Boies selectively announced a $75 million settlement with Deutsche Bank.

Nothing was filed in the docket until May 18: "Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/17/2023,without transcription or recording. Plaintiffs motion for preliminary approval of proposed class settlement is due by 5/26/2023. A preliminary fairness hearing will be held at 4:00 PM on 6/1/2023 in Courtroom 14B, the Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl St., New York, NY."

But the pressure on JPM Chase, and its CEO Dimon, grows.

More including class analysis on Substack here

  On May 15, U.S. Virgin Islands in its lawsuit against JPM Chase told SDNY Judge Jed S. Rakoff they have been unable to serve Elon Musk a subpoena asking, among other things, whether Epstein referred him to Chase.

  Musk returned fire: "This is idiotic on so many levels:  1. That cretin never advised me on anything whatsoever.   2. The notion that I would need or listen to financial advice from a dumb crook is absurd.  3. JPM let Tesla down ten years ago, despite having Tesla’s global commercial banking business, which we then withdrew. I have never forgiven them." And there is a case in SDNY, including Chase's London Branch, that Inner City Press is also covering. Watch this site.

  The separate lawsuits allege that "without exorbitantly large amounts of cash, Epstein's operations could not run, as newly recruited victims were each paid hundreds of dollars in cash immediately after Epstein sexually abused them, as hush money."

   The JPM Chase complaint is on Patreon, here.

May 15, 2023

IMF Opposes Crypto as Legal Tender Inner City Press Is Told But Not As Investment, Arg & CIV

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, May 11 –   When the International Monetary Fund held its media briefing on May 11, 2023, Inner City Press posed questions including "on Argentina, crypto and the IMF, what is the IMF's response to those who say the country's recent ban on digital assets is an effect of / condition imposed by the IMF?"

It asked about El Salvador and other IMF country program negotiations. 

  Spokesperson Julie Kozack explained that the IMF opposes cryptocurrency as a legal tender - as in El Salvador - it view digital assets as investments differently. Informal video here.

Inner City Press has submitted a follow up question, and later in the day received this from IMF spokesperson: "Can be attributed to IMF spokesperson.     On crypto assets, although they have some purported benefits, they can pose macro-financial risks. To strike a balance between reaping the benefits of innovation and guarding against risks, a globally consistent, coordinated, and comprehensive regulatory framework is vital. However, crypto assets should not be granted official currency or legal tender status in order to safeguard monetary sovereignty and stability."

   As to the US, the IMF was asked about the regional bank failures, the debt ceiling, the 14th Amendment and even the trillion dollar coin. Watch this site. 

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

May 8, 2023

Toronto Dominion Bragged 1st Horizon Deal Was On Track Now Collapses Amid Protest

By Matthew Russell Lee, Patreon Maxwell Book
BBC - Guardian UK - Honduras - ESPN

SDNY / SOUTH BRONX, May 4 – Seemingly oblivious to US regulators stated desire to tighten up their merger review rules, specifically on fair lending, Toronto Dominion on February 28 announced a $13.4 billion proposal to buy First Horizon.

 Fair Finance Watch has been concerned by TD Bank's lending disparities for some time. Nationwide in 2020, TD Bank denied almost as many applications from African Americans (833) as it made in mortgage loans to African Americans (853). It was far more generous with white borrowers: 23,469 loans made, with only 9009 denials. 

 Fair Finance Watch immediately online noted that in New York State in 2020, TD Bank was even worse. It denied more mortgage applications from African Americans (255) that it made loans to African Americans in NYC (198). Again, TD Bank was far more generous with white borrowers in NYS: 3,558 loans made, with only 1714 denials. 

And now on May 4, 2023, TD Bank and First Horizon Bank announced the termination of their merger agreement, citing uncertainty about the timetable to obtain regulatory approvals

 Fair Finance Watch noted when TD bragged that the deal is "on track" and it is already integrating with First Horizon - without required regulatory approvals: "TD Bank Group said in a statement Wednesday [Nov 2], 'Teams at both TD and First Horizon are working together to ensure a seamless integration experience for our customers as we prepare to introduce First Horizon customers to TD Bank. We will provide more details on that when full regulatory approval is received.'"

  Shouldn't that have been IF approval is received? And how was it legal to be working together without merger approvals? Watch this site.

Earlier arrogance (and testimony) here.

Inner City Press will be inquiring under the Freedom of Information Act. Watch this site. 

May 1, 2023

As Goldman Sachs Indicted Insider Trader Goel Nears Trial Barclays Resignation Letter Sought

By Matthew Russell Lee, Patreon Maxwell Book

SDNY COURTHOUSE, April 27 – Former Goldman Sachs investment banker Brijesh Goel was arraigned on insider trading charges on the morning of July 28, 2022. Inner City Press there - although the arraignment had not be listed in the docket, nor announced by prosecutors.

 Goel's case is assigned to U.S. District Court for the Southern District of New York Judge P. Kevin Castel, who held the arraignment.  

 Even afterward, the docket did not contain any notice of the arraignment - in contrast to the July 27 arraignment for insider trading of former Indian Congressman Steve Buyer, Inner City Press story here, video here.

  Goel, represented by defense lawyer Reed Brodsky who was still not listed on the docket - no notice of appearance? - after the proceeding, pleaded not guilty.

Assistant US Attorney Joshua Naftalis said his office agreed to release on $1 million bond, and no contact with "CC-1."

   Brodsky, too, was concerned about CC-1. He specifically asked that all information about debriefing sessions with CC-1 be provided in two or three weeks, so that he or successor counsel can decide by the September 14 next conference whether to file motion.

This was incorporated into Judge Castel's Rule 5(f) order.

  Goel is accused of feeding inside information to his graduate school friend and squash partner Akshay Niranjan, at Barclays. 

 Brodsky said Goel "could not consent" to excluding time under the Speedy Trial Act. But then after conferring, he did not oppose. Time was excluded. 

On November 17, another conference was held, and Inner City Press was there. Brodsky said that the audio in the case is inaudible. Judge Castel said this came up before him recently - yes, in US versus former Honduras president Juan Orlando Hernandez, as Inner City Press reported. Brodsky said he might make a motion, unlike JOH's counsel Raymond Colon.

Brodsky had other motions, some of which Judge Castel asked why he had "sat on" until this conference. When the time came to set the trial date, Brodsky asked for October, but Judge Castel put it at June 12 with motions due before that.

On January 4, 2023 Goel filed a motion against the US Attorney's Office subpoenas before a trial date was set, citing US v. Tuzman, 15-cr-536. It includes an email from AUSA Joshua Naftalis, including that "trial subpoenas issued before the trial date was set... all these subpoenas have been withdrawn."

On March 16, 2023, in turnabout, the US Attorney's Office moved to quash Goel's subpoenas to Akshay Niranjan and Barclays - except, perhaps, Request 8 which "seemingly attempts to uncover evidence that Niranjan learned of the potential M&A transactions through his employment at Barclays, rather than from the defendant." But the US still calls that overbroad.

On April 27, Judge Castel held another proceeding in the case. Inner City Press was there. The defense did not want to provide its list of witnesses until closer to their use; the AUSA said fine, they too would delay. A resignation letter will be sought from Barclays. Trial is approaching.

Inner City Press will continue to cover the case - watch this site.

 The case is US v. Goel, 22-cr-396 (Castel)

April 24, 2023

For Enabling Epstein Trial vs JPMC Dimon To Be Deposed 7 Hours Including by StaleyFor Enabling Epstein Trial vs JPMC Dimon To Be Deposed 7 Hours Including by Staley

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, April 18 – J.P. Morgan Chase and Deutsche Bank were sued for their enabling of Jeffrey Epstein, in lawsuits filed on Thanksgiving in the U.S. District Court for the Southern District of New York, where Inner City Press found them in the docket.

  The separate lawsuits allege that "without exorbitantly large amounts of cash, Epstein's operations could not run, as newly recruited victims were each paid hundreds of dollars in cash immediately after Epstein sexually abused them, as hush money."

   The JPM Chase complaint is on Patreon, here.

On March 20, 2023 Judge Jed S. Rakoff in a bottom line order dismissed some but not all claims, in the Epstein-related cases against JPMC and Deutsche Bank.

Inner City Press put the order on its DocumentCloud here.

  On April 18, after a telephone conference without transcription, Judge Rakoff ordered: " proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/18/2023, without transcription or recording. Counsel for Jane Doe, the Government of the United States Virgin Islands, JP Morgan, and Jes Staley were present. Jamie Dimon should be set aside two days for his deposition. On the first day, plaintiffs will have the opportunity to depose Mr. Dimon for a combined total of five hours. Mr. Staley will have the opportunity to depose Mr. Dimon for two hours. If, at the end of the first day, any party believes that it needs more time to depose Mr. Dimon, it must convene a joint call to Chambers by no later than 5:00 PM to explain why. The Court will then rule as to whether Mr. Dimons deposition should continue for a second day and, if so, for how long." Will that call be open to the press and public?

More on Substack here.

April 17, 2023

For Enabling Epstein Trial vs  JPMC Now USVI Says Bank Long Flagged His Large Withdrawals

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, April 12 – J.P. Morgan Chase and Deutsche Bank were sued for their enabling of Jeffrey Epstein, in lawsuits filed on Thanksgiving in the U.S. District Court for the Southern District of New York, where Inner City Press found them in the docket.

  The separate lawsuits allege that "without exorbitantly large amounts of cash, Epstein's operations could not run, as newly recruited victims were each paid hundreds of dollars in cash immediately after Epstein sexually abused them, as hush money."

   The JPM Chase complaint is on Patreon, here.

On March 20, 2023 Judge Jed S. Rakoff in a bottom line order dismissed some but not all claims, in the Epstein-related cases against JPMC and Deutsche Bank.

Inner City Press put the order on its DocumentCloud here.

  On April 12, the US Virgin Islands filed its second amended complaint, including that " a JP Morgan Rapid Response Team noted that Epstein 'routinely' made cash withdrawals in amounts from $40,000 to $80,000 several times per month, totaling over $750,000 per year." Complaint and more on Patreon here.

  On April 6, Jes Staley asked to sever his case - and for seven hour depositions against all witnesses. The plaintiffs, too, wants Staley out, saying JPMC only cynically brought him in. Strange bedfellows... From Staley's letter: "This breakneck pace is unnecessary and prejudicial to Mr. Staley. He therefore respectfully requests that the Court grant two, independent forms of relief: first, the Court should sever the third-party claims against Mr. Staley from the claims against JPMorgan and order that those sets of claims be tried separately; second, the Court should reconsider its prior scheduling order and (a) grant Mr. Staley the right to take 7-hour, in-person depositions of all witnesses" Full letter on Patreon here.

On April 10 Judge Rakoff denied the motions to sever, and gave Staley five not seven hours: "MEMORANDUM ORDER denying [79] Motion to Sever; granting [79] Letter Motion for Extension of Time; denying [80] Motion re: [79] MOTION to Sever . MOTION for Extension of Time ., [80] MOTION Sever . In short, while the instant motion for severance could be denied on the ground that it simply rehashes arguments that Staley previously made and Jane Doe could have made, the Court, after a de novo review of the motion, denies it once again. The trial of these closely related claims, previously set for October 23, 2023, will not be moved. In an excess of liberality, the Court has also chosen to construe Staley's motion as an additional motion for modification of the pretrial discovery schedule, and on that basis will permit fact discovery by Mr. Staley's counsel (now scheduled to be completed by May 30) to continue for an additional seven weeks, i.e., until July 18, 2023. Similarly, the date for filing by Mr. Staley's counsel of Requests to Admit will be moved an additional seven weeks, i.e., until May 26, 2023. Finally, with respect to any witness who was deposed by other parties before March 16, 2023, Mr. Staley's counsel may, if they wish, take the further deposition of any such witness for up to five hours in duration. The Clerk is respectfully directed to close entries 79 and 80 on the docket of Jane Doe v. JP Morgan Chase Bank, N.A., 22-cv-10019, and entry 113 on the docket of Government of the United States Virgin Islands v. JP Morgan Chase Bank, N.A., 22-cv-10904. SO ORDERED.. (Signed by Judge Jed S. Rakoff on 4/10/2023)."


April 10, 2023

Bank of America Slams Manipulator Zelenskyy Just As It Partners With UN of Corrupt Guterres

by Matthew Russell Lee, Patreon Book Substack

UN GATE, April 7  – What does Bank of America, with its red, white and blue logo and partnerships with the United Nations and other, really think of Ukraine and its leader?

Well, last week in a meeting with BofA's investors and insiders, Daniel Sheehan, BofA Securities’ head of international relations, was critical of Ukrainian President Volodymyr Zelenskyy, describing him as 'a master manipulator and mimic' about whom there were ‘serious concerns’ in the US administration."

   And BofA would know, the views of the Administration. Of the UN, too: BofA is a member of the dubious "UN Global Compact" and lists its partnerships with the Organization with Impunity. 

  Before Inner City Press was thrown out of the UN by UNSG Antonio Guterres (who is currently helping Russia sell ammonia, just as BofA moved its bond trading back into the country), it witnessed a meeting with BofA on the podium. 

  The speaker, like Sheehan, was allowed to brag. Then he was taken to a press conference limited to the members of the UN Correspondents Associations - with Russian and Iranian state media on its executive committee - featuring such questions as "Why does BofA care so much about the environment?"  

Why indeed.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

April 3, 2023

Amid Bank Giveaways 3 Regulators Dodge on the Hill Claiming Transparency Slow in FOIA

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, March 29 – For two days on Capitol Hill three regulators answered partisan questions about two, or two and a half, bank seizures and re-sales.

It was not pretty.  

 Federal Reserve Vice Chair for Supervision Michael Barr, FDIC Chair Martin Gruenberg and Treasury Under Secretary for Domestic Finance Nellie Liang deferred many of their answers until reports due on May 1. 

 Barr insisted, We want to be transparent. But the Federal Reserve Board has delayed in responding to FOIA requests, for example Inner City Press' FOIA request about its actions on banks and crypto firms including FTX.

  Guenberg told the House, in response to questions, that Signature Bank's Signet will be returning digital assets by April 5 - but said that the Signet business is still for sale.  

There were no questions about public pre-disclosure and comment on these acquisitions. Community Benefits Agreements in California and Massachusetts were raised, with Gruenberg calling these private agreements but noting that the banks are subject to CRA evaluation. 

  But these same regulators give 98% of banks Satisfactory or Outstanding CRA ratings.

 Hence the call by Fair Finance Watch and then others that for example Key Bank not be allowed to make any midnight acquisitions like New York Community Bank / Flagstar or First Citizens - see here, and more blow by blow, member by member reporting on Substack hereMarch 27, 2023

On Tunisia IMF Tells Inner City Press Board Meeting Postponed Citing Inclusiveness

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, March 22 – When the International Monetary Fund held a question and answer briefing on March 23, 2023, Inner City Press asked (in advance, and in the briefing) on Tunisia, please describe the status of the $1.9 billion staff agreed program, which Italy for one says it is urging the Fund to "unblock," and the issues in that regard.  

 It added the more recent comments of US Secretary of State Antony Blinken, and the EU's Joseph Borelli.    IMF Spokesperson Julie Kozack replied that the IMF Board meeting was postponed, and that other states can do more to help.

Inner City Press followed up with a direct question about anti-migrant statements by Tunisia's president. Ms. Kozack said the IMF is concerned and following developments, then referred again to inclusiveness. Transcript and video forthcoming - watch this site.

For Enabling Jeffrey Epstein Some Claims Head to SDNY Trial Against JPMC & Deutsche Bank

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, March 20 – J.P. Morgan Chase and Deutsche Bank were sued for their enabling of Jeffrey Epstein, in lawsuits filed on Thanksgiving in the U.S. District Court for the Southern District of New York, where Inner City Press found them in the docket.

  The separate lawsuits allege that "without exorbitantly large amounts of cash, Epstein's operations could not run, as newly recruited victims were each paid hundreds of dollars in cash immediately after Epstein sexually abused them, as hush money."

   The JPM Chase complaint is on Patreon, here.

On March 20, 2023 Judge Jed S. Rakoff in a bottom line order dismissed some but not all claims, in the Epstein-related cases against JPMC and Deutsche Bank: "ORDER granting in part and denying in part (37) Motion to Dismiss; granting in part and denying in part (43) Motion to Dismiss in case 1:22-cv-10018-JSR; granting in part and denying in part (31) Motion to Dismiss; granting in part and denying in part (44) Motion to Dismiss in case 1:22-cv-10019-JSR; granting in part and denying in part (38) Motion to Dismiss in case 1:22-cv-10904-JSR. On February 1, 2023, and February 7, 2023, defendants filed motions to dismiss the operative complaints in the above-captioned cases. Upon consideration of all parties' written submissions and oral argument, the Court hereby grants those motions in part and denies those motions in part, as specified below. An opinion explaining the reasons for these rulings will follow in due course. The Clerk is respectfully directed to close entry numbers 37 and 43 on the docket of 22-cv-10018; numbers 31 and 44 on the docket of 22-cv-10019; and number 38 on the docket of 22-cv-10904. SO ORDERED.. (Signed by Judge Jed S. Rakoff on 3/20/2023) Filed In Associated Cases: 1:22-cv-10018-JSR, 1:22-cv-10019-JSR, 1:22-cv-10904-JSR (kv).

Inner City Press put the order on its DocumentCloud here.

March 20, 2023

For Enabling Jeffrey Epstein JPMC 3d Party Complaint on Staley FinCEN to be Summoned?

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, March 16 – J.P. Morgan Chase and Deutsche Bank were sued for their enabling of Jeffrey Epstein, in lawsuits filed on Thanksgiving in the U.S. District Court for the Southern District of New York, where Inner City Press found them in the docket.

  The separate lawsuits allege that "without exorbitantly large amounts of cash, Epstein's operations could not run, as newly recruited victims were each paid hundreds of dollars in cash immediately after Epstein sexually abused them, as hush money."

   The JPM Chase complaint is on Patreon, here.

 On March 7, 2023 JPM Chase filed a third party complaint against James Edward Staley, including "At no point did Staley disclose to JPMC, nor did JPMC otherwise know, the information about Staley’s personal activities contained in paragraphs 22 through 33..  Staley, not JPMC, is responsible for any injuries Epstein may have caused...." 3d Party Complaint on Inner City Press' DocumentCloud here.

On March 16, starting after 4 pm and running past 8 pm, Judge Rakoff held a hearing, including settling (most) trial dates and threatening to summon or worse the head of FinCEN, to get the Suspicious Activity Reports or SARs. Inner City Press tweeted, including:

OK - now at Epstein-related case of US Virgin Islands vs JPMorgan Chase, in which Dimon discovery has been ordered, and JPMC has filed a third-party complaint against Jes Staley.

Judge Rakoff: So, I'm not going to move trial dates. For Doe v. Deutsche Bank it's August 8; for Doe v. JPM Chase, and USVI v. JPM Chase, it's September 5.

 Judge Rakoff: Plaintiffs' counsel, how long a trial, assuming one overall trial? A: Ten to 14 days.  Judge Rakoff: What about October 23, for three weeks, which would be more than enough?

 Judge Rakoff rules: I will move the JPMorgan trials, and Jes Staley, to October 23. If Deutsche Bank doesn't want to join it, it can remain August 8. Or Sept 5. Let me know quickly, by close of business Monday.

 Later:  Plaintiffs' counsel: We have requested the SARs that were filed by JPM Chase or DB, they say they need FinCEN's permission.

Judge Rakoff: I think I can override that. And I just decided to. Bank counsel: I think this is statutory. Judge Rakoff: This will be fun. If they oppose it, I will set a time and place but no later than next week, I will want a decision maker present

Judge Rakoff: And if they don't appear, I'll have no choice but to ask the Marshals to bring them before me.... I think the government, once they know the situation, will be happy to comply. I'm not sure I don't have the power. The Supreme Court may consider it.

 Counsel: There's a deposition set for Jes Staley next week. We don't want to be put out of the room. Judge Rakoff: Call me from the deposition. If I'm on the bench, my clerk will inform you to call during my next break. Let's resolve it right then and there.

 Judge Rakoff: I notice most of the audience has wimped out long ago. [Inner City Press still covering it]. 

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

March 13, 2023

For Enabling Jeffrey Epstein USVI Sued JPM Chase Now Wins Motion for Dimon Discovery

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, March 9  – J.P. Morgan Chase and Deutsche Bank were sued for their enabling of Jeffrey Epstein, in lawsuits filed on Thanksgiving in the U.S. District Court for the Southern District of New York, where Inner City Press found them in the docket.

  The separate lawsuits allege that "without exorbitantly large amounts of cash, Epstein's operations could not run, as newly recruited victims were each paid hundreds of dollars in cash immediately after Epstein sexually abused them, as hush money."

   The JPM Chase complaint is on Patreon, here.

  The USVI asked for discovery from Jaime Dimon; JPM Chase opposed it. On March 9, Judge Jed S. Rakoff granted the motion, rejecting the so-called apex doctrine defense. We'll have more on this.

 On March 7, 2023 JPM Chase filed a third party complaint against James Edward Staley, including "While JPMC held discussions regarding Epstein, Staley was apparently in regular contact with Epstein. However, Staley never disclosed to anyone at JPMC that he had witnessed, was aware of, or participated in any of the activities described in paragraphs 22 through 33. 35. In 2013, JPMC “terminated its relationship with Epstein.” Ex. B, ¶ 50. 36. At no point did Staley disclose to JPMC, nor did JPMC otherwise know, the information about Staley’s personal activities contained in paragraphs 22 through 33. 37. Staley did not disclose this information despite having a fiduciary duty to do so and JPMC asking him to offer his views as to whether JPMC should retain Epstein as a client. 38. Even upon his departure from JPMC, and in spite of his explicit affirmation that he had reported to JPMC any violations of the Code of Conduct, Staley did not disclose to JPMC the information about his personal activities contained in paragraphs 22 through 33. 39." Full 3d Party Complaint on Inner City Press' DocumentCloud here.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

rch 13, 2023

March 6, 2023

Kevin Chiu Accused of Stealing $2 Million at NYC Bank Gets Free Lawyer & $300000 Bond

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, March 1 – SDNY prosecutors announced on March 1 the "arrest of KEVIN CHIU, a former business relationship manager at a financial institution headquartered in Manhattan, for a years-long bank fraud and embezzlement scheme to steal over $2 million from his former clients’ accounts.  CHIU was arrested this morning in Brooklyn and will be presented today before U.S. Magistrate Judge James L. Cott."

   Inner City Press went to the presentment in the U.S. District Court for the Southern District of New York Magistrates Court, the only media there. 

 Chiu was brought out, in  sweatpants and a white T-shirt. Despite the $2 million theft alleged, he was assigned a publicly-paid Federal Defender (who had been summoned up to an unrelated proceeding which Inner City Press also covered). 

  The SDNY prosecutors had agreed that Chiu could be released on $300,000 unsecured bond, but wanted three co-signers as opposed to the single co-signer requested by the Federal Defender, and recommended by Pre-Trial Services. 

 Judge Cott, after argument, said he would "split the baby" and require two co-signers, in two weeks.  

 The case is US v. Chiu, 23-mj-1575 (Cott)

February 27, 2023

Man Gets 20 Months for Bank Fraud in SDNY now Cooperator in Texas Money Launder Trial

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, Feb 22 – A man pleaded guilty to bank fraud on January 11 in federal court in Manhattan, with a plea deal of 24 to 30 months.

But it emerged that he has a cooperation deal in a separate money laundering case in the Western District of Texas. 

  He wants to be sentenced quickly in New York, on February 22.

Then the U.S. Marshals would transport him to Texas to be prepped for trial. Defense counsel asked for the January 11 court transcript to be sealed, but Inner City Press was present and reports. It will voluntarily leave out certain details.

   The defendant's name is Olufemi Nathaniel Itiowe. He appeared on January 11 with two Marshals and a unique hairstyle. U.S. District Court for the Southern District of New York Judge John G. Koeltl, in the four-defendant SDNY case, held the sentencing.

  It was proceeding normally - the plea deal is for 24 to 30 months, the defendant allocuted to ordering check books for accounts not his own - when the issue of sentencing date came up.

 Defense counsel said, let's seal the transcript, he is a cooperator in Texas and the Marshals take too long to transport him back and forth.

  (On information and belief this is because transport is through Oklahoma, which some call diesel therapy). 

  Defense counsel said the prosecutors in the WDTX want to prep his client in late March.

A cursory search finds a case in that district against him, 21-cr-224.

On February 22, Inner City Press followed up and went to the sentencing. Defense counsel was saying that identifying his client as a cooperator in Texas was unfortunate - then stopped.

  Inner City Press' presence was noted. When asked, identification was offered: I am a reporter.

  The lawyers, then the defendant, went forward to speak at the sidebar with the white noise turned out loud. When they returned, the defense lawyer wouldn't even say what sentence he was asking for. The prosecutor said the guideline was 21 to 27 months - different from the 24 to 30 month in the plea agreement read out in January. Judge Koeltl imposed a sentence of 20 months, very close to time served. Defense counsel said he will check into the transfer to Texas to testify and "put something on the docket." Watch this site.

  The SDNY case is US v. Coombs, et al., 21-cr-336 (Koeltl)

February 20, 2023

Lakeland Bank DOJ Deal Left Disparities in NY So Protest Now Fed Questions to Provident Here

By Matthew Russell Lee, Patreon Maxwell book

SOUTH BRONX NY, Feb 10 – When the US Department of Justice sued and immediately settled with Lakeland Bank for fair lending violations, it announced a proposed merger with Provident Bank.

As if to sweep it under the carpet.

And when Fair Finance Watch looked into it, it found that the DOJ settlement did not address in any way the banks' disparities in New York. So on December 1, the FDIC's comment deadline, it filed the below, with Inner City Press on the FOIA.


We refer to the application filed by Provident Financial Services, Inc. (“Provident”), Jersey City, New Jersey, for prior approval of the Board of Governors of the Federal Reserve System (the “Board”), pursuant to Section 3(a)(3) and 3(a)(5) of the Bank Holding Company Act of 1956, as amended, and Section 225.15 of Regulation Y, to acquire Lakeland Bancorp, Inc. (“Lakeland”), Oak Ridge, New Jersey, and thereby indirectly acquire Lakeland Bank, Newfoundland, New Jersey (“Transaction”). Based on our review of the current record, the following additional information is requested. Please provide responses to all the following items, including those in the Confidential Annex. Supporting documentation should be provided, as appropriate. Convenience & Needs/Community Reinvestment Act (“Act”) 1. Provident’s response to Question 1 of the November 30 Request for Additional Information (“November 30 AI Request”) indicates that “[t]he combined company will deliver an expanded set of products and services to its customers and communities.” Describe those products and services to be offered by the combined organization that Provident deems most beneficial to customers in low- or moderate-income (“LMI”) geographies or income levels. 2. Indicate whether any consumer products or community development programs and services of either bank are expected to be discontinued as a result of the proposed transaction, and whether any products, programs or services that are not currently offered will be made available in the combined organization’s markets. 3. The application states “Provident and Lakeland will determine through the integration planning process how the Combined Bank will continue the successful processes, policies, procedures and technology platforms of Provident and Lakeland to maintain a strong, comprehensive and sustainable CRA program.” Provide an update on these efforts. Mark J. Menting, Esq. February 8, 2023 2 NONCONFIDENTIAL // EXTERNAL Compliance Program 4. In the response to Question 6(a) of the November 30 AI Request, Provident stated that it anticipated that its existing compliance risk management program would “either be the successor policies and procedures for the combined organization, or that they may serve as a solid foundation for revised policies and procedures going forward.” If available, provide an update on the expected compliance risk management program at the combined organization. 5. Describe in greater detail Provident Bank’s current fair lending program and risk management controls with respect to fair lending and discuss the rationale behind the decision for the combined organization to adopt the overall framework and structure of Lakeland Bank’s fair lending compliance program. To the extent not previously addressed, include in your discussion any areas of Lakeland Bank’s existing fair lending program the combined organization intends to enhance, as well as all efforts to ensure that the policies and procedures adopted by the combined organization will be adequate for the combined organization to provide equal access to credit to majority-minority communities in its assessment area (“AA”). Branching 6. For Provident Bank, Lakeland Bank, and the combined organization, provide the number and percentage of total branches that are or will be located in LMI and/or majorityminority census tracts. 7. To the extent not previously addressed, describe the process by which Provident Bank currently determines whether and where to open or close a branch. Include in your discussion any fair lending considerations the bank takes into account in making such determinations. Indicate whether the existing policies and procedures of Provident Bank or Lakeland Bank will be implemented at the combined organization. Staffing 8. Discuss whether any existing staff of Provident Bank or Lakeland Bank are under consideration to be the combined organization’s Chief Compliance Officer or Fair Banking Officer. If so, identify those individuals and provide an update regarding the timing and content of the selection process, if available. 9. Confirm, if such is the case, that Lakeland Bank’s current Community Development Officer will continue in that role at the combined organization. If not, indicate who will assume that position at the combined organization, if known. Mark J. Menting, Esq. February 8, 2023 3 NONCONFIDENTIAL // EXTERNAL 10. Provide an update to the organizational chart provided in response to question 6(b) of the November 30 AI Request reflecting all compliance-related positions at the combined organization. For those positions where an individual has been identified to fill the role, indicate that individual’s name in the organizational chart. Department of Justice (“DOJ”) Consent Order 11. Under Section C of the Consent Order, Lakeland Bank is required to take certain steps with respect to fair lending training. Indicate whether the combined organization intends to continue to adhere to those training requirements following the proposed acquisition. If so, indicate whether they will apply to all employees of the combined organization or only those employees retained from Lakeland Bank. 12. Provide an update on the timing of the opening of the full-service branch in Newark, New Jersey, as described in Paragraph 19 of the Consent Order. In addition, provide an update on the plans of Lakeland Bank or the combined organization to open a second branch, if available.

Tellingly, the banks' response on CRA to not only the lending disparities but even the rare DOJ discrimination settlements has been to attack the comments.

February 13, 2023

Key Bank Amid Data Breach Lawsuits Brags of Grants As Engages In Disparate Loans

By Matthew Russell Lee, Patreon

SOUTH BRONX, Feb 8 -  Key Bank is in decline, both in consumer compliance and in fair lending.

  Reporting from and on the Federal courts, Inner City Press has noticed a slew of data breach cases filed against KeyCorp, since August 2022, now moving toward a multi-district consolidation - in February 2023 to the Northern District of Georgia, to the Honorable Steven D. Grimberg.

  Fair Finance Watch, looking at Key Bank's 2021 lending at first in New York State, notes that while Key Bank made 7916 mortgage loans to whites, with 1733 denials, it made only 266 loans to African Americans, with fully 140 denial.

 It should be sued by the Department of Justice, and many others.

  In amateur response, KeyBank on February 7 bragged on the for-pay CSR Wire about grants it is giving out. But how do they compare to the lending promises Key made, and broke?  Watch this site.

February 6, 2023

Wells Fargo Sued Brooklyn Man to Collect $6M Loan in SDNY Then Sold To BTC Capital

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, Feb 4 – Wells Fargo sued Shulem Green of Brooklyn, New York, on a $6.5 million loan.

On February 3, 2023 U.S. District Court for the Southern District of New York  Judge Lewis J. Liman held a proceeding. Inner City Press covered it.

 Wells had sued as Trustee for the Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2018-C11, Commercial Mortgage Pass-Through Certificates, Series 2018-C11.

But now it was said that the loan has been sold, to a third party purchaser, BTC Capital LLC. 

  Judge Liman ruled that the parties much show cause by March 3 why the case should not be dismissed for failure to prosecute, if by that date the Purchaser has not appeared in the case and no motion for substitution has been filed.

The case is Wells Fargo Bank, National Association, as Trustee for the Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2018-C11, Commercial Mortgage Pass-Through Certificates, Series 2018-C11 v. Green, et al., 22-cv-4351 (Liman)

January 30, 2023

In Suit Against Cairo Amman Bank For Hamas Bombing Chart of Transactions Due by Jan 27

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, Jan 26 – Julie Averbach sued Cairo Amman Bank for allegedly helping Hamas, by transferring its and its leaders' money through JPMorgan Chase, BNY Mellon and Standard Chartered Bank; it had a correspondent banking relationship with Citibank. 

On January 19, 2023 U.S. District Court for the Southern District of New York Magistrate Judge Katharine H. Parker held a proceeding. Inner City Press covered it. 

 The complaint describes a Hamas bombing in Jerusalem.

On January 19, Judge Parker ordered that the plaintiffs must provide the defendants with an updated chart of transactions by January 27, and that the motion to dismiss is due by February 17.

The case is Averbach et al v. Cairo Amman Bank, 19-cv-4 (Woods / Parker)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

January 23, 2023

Guldi on Trial For Defrauding Ditech Financial Hears his Laughing Calls from Jail in Marcy NY

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, Jan 18 – George Guldi was imprisoned in the Marcy Correctional Facility in New York on March 28, 2017 when he received in the mail a notice that a lender "has received your payment in the amount of $253,236.00."

His mind began to whirl. 

 Now Guldi is on trial, presided over by U.S. District Court for the Southern District of New York Judge Alvin K. Hellerstein.

On January 18, he sat at defense table as audio of his jail calls with Victoria Davidson was played for the jury. 

 In it, Guldi is surprisingly upbeat, laughing frequently. Davidson said, What kind of attorney do you need?"

Guldi replied, "The kind I was."

Davidson says, Ha, ha, who's too smart for his own good." 

 The trial in involves the multiply-sued bank Wells Fargo, on which Inner City Press also reports. The prosecutors' gloss: "George Guldi and Victoria Davidson - the defendants are charged with wire fraud, bank fraud, and wire and bank fraud conspiracy in connection with their alleged involvement in 2017 in a scheme to fraudulently induce Ditech Financial LLC, a mortgage lending business, to wire them more than $250,000."

The case is US v. Guldi et al., 19-cr-126 (Hellerstein)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

January 16, 2023

Zilberberg Bank Fraud Trial Is Delayed With Niece Loan Nearly Excluded, New FDIC Docs

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, Jan 11 –   Mendel Zilberberg was indicted for bank fraud while he was a board member of Park Avenue Bank. His trial was to start on January 23, 2023. 

On January 11, 2023 U.S. District Court for the Southern District of New York Judge George B. Daniels held an in-person final pre-trial conference.  Inner City Press went to cover it.   

But even as the next defendant, in a gun case, had his family setting up in the gallery, in the well of the courtroom Zilberberg's lawyer Ben Brafman was conferring with the prosecutors.

   When Judge Daniels took the bench, the parties asked for an adjournment, in light of 20,000 pages of FDIC documents just produced. No new trial date was agreed. Instead, a March 28 pre-trial conference was scheduled. 

 Judge Daniels asked about a related loan, to Zilberberg's niece.

 The prosecutor emphasized that she was a special education teacher, and did not have a business for the business loan. Judge Daniels said it might be cumulative, and/or prejudicial. 

 Brafman said the jury could be confused by the issue of taking advantage of a younger relative. Judge Daniels asked a letter in two weeks, response in 10 days. Then the US Marshals brought the next defendant out.

 This case is US v. Zilberberg, 19-cr-802 (Daniels)

January 9, 2023

HSBC Is Sued For Firing Whistleblower Exposing Front Running Sarb Ox Cited

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, Jan 2 – Stephen Callahan sued HSBC for firing him for exposing front-running.

The complaint, filed in the U.S. District Court for the Southern District of New York where Inner City Press found it, recounting HSBC paying a $100 million fine for front-running, then fire the plaintiff for complaining. The Sarbanes-Oxley Act of 2002 is cited. 

 Callahan says he heard HSBC's Brian Yip tell junior trader Russell Dean to "always" by or sell for the Bank before putting a price on a transaction for a customer. Then on March 7, 2022, Callahan was suspended by HSBC.  

HSBC Holdings plc's response was due December 30, but on December 28 a request was made to extend its time to February 6, 2023.  

The case is Callahan v. HSBC Holdings plc, et al., 22-cv-8621 (Oetken)

Goldman Sachs Indicted Insider Trader Goel Disputed Audio Now Attacks Subpoenas

By Matthew Russell Lee, Patreon Maxwell Book

SDNY COURTHOUSE, Jan 4 – Former Goldman Sachs investment banker Brijesh Goel was arraigned on insider trading charges on the morning of July 28, 2022. Inner City Press there - although the arraignment had not be listed in the docket, nor announced by prosecutors.

 Goel's case is assigned to U.S. District Court for the Southern District of New York Judge P. Kevin Castel, who held the arraignment.  

 Even afterward, the docket did not contain any notice of the arraignment - in contrast to the July 27 arraignment for insider trading of former Indian Congressman Steve Buyer, Inner City Press story here, video here.

  Goel, represented by defense lawyer Reed Brodsky who was still not listed on the docket - no notice of appearance? - after the proceeding, pleaded not guilty.

Assistant US Attorney Joshua Naftalis said his office agreed to release on $1 million bond, and no contact with "CC-1."

   Brodsky, too, was concerned about CC-1. He specifically asked that all information about debriefing sessions with CC-1 be provided in two or three weeks, so that he or successor counsel can decide by the September 14 next conference whether to file motion.

This was incorporated into Judge Castel's Rule 5(f) order.

  Goel is accused of feeding inside information to his graduate school friend and squash partner Akshay Niranjan, at Barclays. 

 Brodsky said Goel "could not consent" to excluding time under the Speedy Trial Act. But then after conferring, he did not oppose. Time was excluded. 

On November 17, another conference was held, and Inner City Press was there. Brodsky said that the audio in the case is inaudible. Judge Castel said this came up before him recently - yes, in US versus former Honduras president Juan Orlando Hernandez, as Inner City Press reported. Brodsky said he might make a motion, unlike JOH's counsel Raymond Colon.

Brodsky had other motions, some of which Judge Castel asked why he had "sat on" until this conference. When the time came to set the trial date, Brodsky asked for October, but Judge Castel put it at June 12 with motions due before that.

On January 4, 2023 Goel filed a motion against the US Attorney's Office subpoenas before a trial date was set, citing US v. Tuzman, 15-cr-536. It includes an email from AUSA Joshua Naftalis, including that "trial subpoenas issued before the trial date was set... all these subpoenas have been withdrawn."

Inner City Press will continue to cover the case - watch this site.

 The case is US v. Goel, 22-cr-396 (Castel)

January 2, 2023

For Enabling Epstein JPM Chase  & Deutsche Bank Face Trials Now JPM Moves to Dismiss

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, Dec 30 – J.P. Morgan Chase and Deutsche Bank were sued for their enabling of Jeffrey Epstein, in lawsuits filed on Thanksgiving in the U.S. District Court for the Southern District of New York, where Inner City Press found them in the docket.

  The separate lawsuits allege that "without exorbitantly large amounts of cash, Epstein's operations could not run, as newly recruited victims were each paid hundreds of dollars in cash immediately after Epstein sexually abused them, as hush money."

   But there's more, and Inner City Press is on it. For now, the JPM Chase complaint is on Patreon, here.

On November 29, both cases were assigned to SDNY Judge Jed S. Rakoff, as "related" to a previous case against Deutsche Bank he has. Both had a proceeding on December 5 that Inner City Press covered.

In the courtroom along with David Boies, Bradley Edwards, Sigrid McCawley et al was former SDNY prosecutor Robert Boone (Inner City Press covered him in the Michael Avenatti - Stormy Daniels criminal case), now representing JPMorgan Chase.

Both cases have the same pre-trial schedule, going forward but for now they have different trial dates: " barring further order of the Court, trial of the cases will proceed separately, with 22-cv-10018-UA starting trial on August 7, 2023 and 22-cv-10019-UA starting trial on September 5, 2023. SO ORDERED."

Buried on Friday, December 30 - filed after 8 pm - JPM Chase moved to dismiss, making analogies fto impunity for banking for Iran and AL Qaeda. Apparently, JPM owes no duty to anyone.

Earlier on December 30, Deutsche Bank moved to dismiss the complaint, emphasizing that while the plaintiffs point to Jes Staley at Chase and that Paul Morris worked there then at DB, there's no showing that Morris knew Staley. But Morris identified Elstein as a client, and DB "onboarded" him. Watch this site.

Latein December 2022, US Virgin Islands filed suit against JPMorgan Chase, stating that "JP Morgan knowingly facilitated, sustained and concealed the human trafficking network operated by Jeffrey Epstein from his home and base in the Virgin Islands and financial benefited from this participating by failing to comply with federal banking regulations." Judge Rakoff ordered: "ORDER: Barring any objection from plaintiff Government of the United States Virgin Islands, which must be made by joint telephone call to Chambers no later than 5:00 PM on January 4, 2023, this case is hereby consolidated for all pretrial purposes with Doe v. Deutsche Bank, 22- cv-10018 and Doe v. JP Morgan Chase & Co., 22-cv-10019. Further, except for any motion to dismiss, this case will be governed by the case management plan dated December 5, 2022, previously entered in those cases."

Deutsche Bank complaint on Patreon here

Maximum Maxwell book here.

Meanwhile, the UN has yet to answer Inner City Press on why SG Antonio Guterres maintained a rep on the board of Ghislaine Maxwell's Terramar Project (instead bannign the Press); Norway won't answer on its AMbasador Mona Juul and Terje Roed Larsen taking $130,000 personal loan from Epstein.

The JPMC case is Doe 1 v. JP Morgan Chase & Co., 22-cv-10019 (Rakoff)

Also now Government of the United States Virgin Islands v. JP Morgan Chase Bank, N.A., 22-cv-10904 (Rakoff)

Watch this site. 

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

   Inner City Press/Community on the Move, and the Fair Finance Watch, are engaged in cutting-edge investigative, fair lending, development and government accountability advocacy. Our work is controversial to some, including, it seems, most foundations. We have neither applied for, nor received, government funding. Our struggles are often with government agencies, for lack of enforcement of the Community Reinvestment Act, environmental and other laws, and lack of compliance with the open government laws. More recently our reporting on the United Nations has raised other issues. We decided, early on, that only by remaining independent could we take on the right fights, and achieve the results we have. Much of our support comes from individuals.

    You can contribute to Inner City Press/Community on the Move, Inc. in several ways (it is a private, nonprofit charity, under Section 501(c)(3) of the Internal Revenue Code, and donations are deductible from federal taxes).  Click here for information on contributing, use PayPal


 or just send checks to Inner City Press/Community on the Move, Inc.

P.O. Box 580188, Mount Carmel Station,

Bronx, NY 10458

Inner City Press' books cost $19.95 each,  add $3.95 shipping & handling for first book and $1 for each additional book, and sales tax if in NYS

Checks, for publications or otherwise, should be made out to "Inner City Press"

[E-mail addresses broken-down to stymie spammers; just paste in and replace [at] with "@" and [dot] with "."]

Click here to return to Inner City Press home page.   Or see and click below:

  Site Map    Search This Site    Inner City Press' Community Reinvestment Reporter   Global Inner Cities   Citigroup Watch  Inner City Reporter Bank Beat   Inner City Poetry   Community Reinvestment   Environmental Justice Insurance Redlining In the Bronx FCC/Telecommunications About Inner City Press Inner City Arts&Culture Inner City Housing ICP's Freedom of Information Guide Links/Resources Frequently Asked Questions   The Inner City Reporter's Federal Reserve Beat Privacy Policy    What's New on Site Archives   For the Media Inner City Public Interest Law CenterWhat's New on Site