February 2024 - cypherpunks - lists.cpunks.org

Trump Fights With State Over Cell Data Use In Willis DQ Bid
by Gunnar Larson 27 Feb '24

27 Feb '24

Trump Fights With State Over Cell Data Use In Willis DQ Bid <https://www.law360.com/legalethics/articles/1806627?nl_pk=153d4a8a-6fb9-4a5…> By Kelcey Caulder District Attorney Fani T. Willis of Fulton County, Georgia, and former President Donald Trump are once again facing off in court, this time over whether cellphone data purporting to show late night visits between Willis and a special prosecutor can be used in a bid to disqualify Willis and her office from prosecuting the Georgia election interference case. 2 documents attached | Read full article » <https://www.law360.com/legalethics/articles/1806627?nl_pk=153d4a8a-6fb9-4a5…> | Save to favorites » <https://www.law360.com/legalethics/articles/1806627?nl_pk=153d4a8a-6fb9-4a5…>

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Genesis Creditors, Owners Allege Cash Grab At Plan Hearing
by Gunnar Larson 27 Feb '24

27 Feb '24

Genesis Creditors, Owners Allege Cash Grab At Plan Hearing <https://www.law360.com/capitalmarkets/articles/1807044?nl_pk=abe82add-2a33-…> By Rick Archer Customers and the equity owners of cryptocurrency lender Genesis on Monday accused each other of trying to rob them of assets they deserve, as the debtor began a confirmation hearing for its Chapter 11 plan in New York bankruptcy court. Read full article » <https://www.law360.com/capitalmarkets/articles/1807044?nl_pk=abe82add-2a33-…> | Save to favorites » <https://www.law360.com/capitalmarkets/articles/1807044?nl_pk=abe82add-2a33-…>

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New York State Has Turned Over a Vast Amount of Its Financial Affairs to 5-Count Felon JPMorgan Chase
by Gunnar Larson 27 Feb '24

27 Feb '24

https://wallstreetonparade.com/2024/01/new-york-state-has-turned-over-a-vas… New York State Has Turned Over a Vast Amount of Its Financial Affairs to 5-Count Felon JPMorgan Chase By Pam Martens and Russ Martens: January 10, 2024 ~ New York State Comptroller, Thomas DiNapoli New York State Comptroller, Thomas DiNapoli There’s only one thing more dangerous than the largest bank in the United States, JPMorgan Chase, being charged with (and admitting to) five criminal felony counts by the U.S. Department of Justice since 2014 and a host of other fraud charges by federal regulators. What is more dangerous is having government officials look the other way at this recidivist history of crime at the nation’s largest bank. In May, federal banking regulators allowed JPMorgan Chase to get even bigger, despite its unprecedented crime wave, by handing it the failed First Republic Bank in a sweetheart deal. Yesterday, we learned from online documents that the Comptroller of New York State has turned over a vast amount of the financial affairs of the fourth largest state in the country to this banking house of crime. (See related articles below.) According to a New York State Comptroller website, JPMorgan Chase has 59 contracts with the state with a total current contract amount of $5.2 billion. The contracts include everything from banking services to the purchasing cards for state employees. The New York State Comptroller is Thomas DiNapoli, who has held this no-term-limit position since February 7, 2007 – a span of 17 years. DiNapoli’s job description reads as follows: “The comptroller is the chief financial officer of the state government and the head of the Department of Audit and Control. The comptroller’s responsibilities include managing the state’s pension fund, auditing the spending practices of all state agencies and local governments, reporting on state finances, and serving as the custodian of unclaimed funds.” As it turns out, JPMorgan Chase has a 7-year contract with the Comptroller’s office to serve as the custodian for the securities held in the New York State Common Retirement Fund for state workers. As of September 30, 2023, the Common Retirement Fund had a value of almost a quarter of a trillion dollars, or $246.3 billion to be exact. But the Comptroller does not want the public to know all of the granular details in its contract between JPMorgan Chase and itself. Numerous paragraphs are blacked out in the document. According to the Common Retirement Fund’s Annual Report, JPMorgan Chase – not the Comptroller or the Fund’s auditor – calculates the rate of return for the fund. That return was indicated as “negative 4.14 percent, gross of certain investment fees” for the fiscal year ending March 31, 2023. How large is this custodial business at JPMorgan Chase, which holds so many securities for other parties? On November 24, 2020, the Office of the Comptroller of the Currency (OCC), the federal regulator of national banks, fined JPMorgan Chase $250 million for “failure to maintain adequate internal controls and internal audit over its fiduciary business.” That business includes its custodial business. The OCC Consent Order related to that fine revealed the following: “The Bank maintains one of the world’s largest and most complex fiduciary businesses with total fiduciary and related assets of $29.1 trillion, including $1.3 trillion in fiduciary assets and $27.8 trillion of non-fiduciary custody assets.” To put that $29.1 trillion into the proper perspective, the Federal Deposit Insurance Corporation (FDIC) reports that as of September 30, 2023 there were 4,049 commercial banks in the U.S. The total assets of those 4,049 banks was $22.2 trillion. But, somehow, just one of those banks has attracted $27.8 trillion of assets for which it serves as custodian. Is there some secret sauce that JPMorgan Chase has going for it to attract all of that money? In September 2020, when the International Consortium of Investigative Journalists (ICIJ) released a bombshell investigative report about money laundering for criminals at some of the largest Wall Street banks, it had quite a bit to say about JPMorgan Chase. (The ICIJ investigation was based on secret documents leaked from FinCEN, the Financial Crimes Enforcement Network, a unit of the U.S. Treasury.) According to the ICIJ report, JPMorgan Chase was involved in moving illicit funds for the fugitive, Jho Low, involving the notorious looting of public funds in Malaysia. Jho Low has been accused by multiple jurisdictions of playing a key role in the embezzlement of more than $4.5 billion from a Malaysian economic development fund, 1MDB. JPMorgan Chase moved $1.2 billion in money for Jho Low from 2013 to 2016, according to the report. The ICIJ report also found that JPMorgan “processed more than $50 million in payments over a decade…for Paul Manafort, the former campaign manager for President Donald Trump. The bank shuttled at least $6.9 million in Manafort transactions in the 14 months after he resigned from the campaign amid a swirl of money laundering and corruption allegations spawning from his work with a pro-Russian political party in Ukraine.” Equally troubling activity at JPMorgan Chase includes the following, according to ICIJ investigators: “JPMorgan also moved money for companies and people tied to corruption scandals in Venezuela that have helped create one of the world’s worst humanitarian crises. One in three Venezuelans is not getting enough to eat, the UN reported this year, and millions have fled the country. “One of the Venezuelans who got help from JPMorgan was Alejandro ‘Piojo’ Isturiz, a former government official who has been charged by U.S. authorities as a player in an international money laundering scheme. Prosecutors allege that between 2011 and 2013 Isturiz and others solicited bribes to rig government energy contracts. The bank moved more than $63 million for companies linked to Isturiz and the money laundering scheme between 2012 and 2016, the FinCEN Files show…” Wall Street banks like JPMorgan Chase are legally required to follow the “KYC” rule (Know Your Customer) in order to avoid moving money around for criminals. But the ICIJ investigators reveal that JPMorgan Chase paid little attention to that rule. Less than six months ago, JPMorgan Chase settled two separate federal lawsuits against it for actively participating in Jeffrey Epstein’s sex trafficking of minors enterprise by turning a blind eye to glaring red flags and failing to file the legally mandated Suspicious Activity Reports (SARs) as Epstein took upwards of $40,000 to $80,000 in hard cash monthly from his accounts at the bank over a decade. In return, Epstein referred ultra wealthy clients to the bank according to court documents. JPMorgan Chase previously admitted in 2014 to two criminal charges brought by the U.S. Department of Justice for banking Bernie Madoff’s Ponzi scheme for decades (that devastated the finances of thousands of retirees) and ignoring its legal obligation to file SARs with the Financial Crimes Enforcement Network (FinCEN). The settlement with the Justice Department included a penalty of $1.7 billion in restitution to Madoff victims and a promise to reform its anti-money laundering compliance programs. The text of JPMorgan’s contract with the New York State Comptroller to custody assets for the Common Retirement Fund indicates that the New York State Comptroller found the bank to be a “responsible” entity. Yesterday, we emailed the press office for the Comptroller and listed the nature of the five felony counts the bank has admitted to since 2014. We inquired if the Comptroller was aware of these charges. The response was that there would be no comment from the Comptroller’s office to our questions. Related Articles: JPMorgan Chase Paid $1.085 Billion in Legal Expenses in Last Six Months; It’s Still Battling Hundreds of Charges and Legal Proceedings on Three Continents JPMorgan/Jeffrey Epstein Cases Are a Cross Between the Bank’s Chinese Princeling Scandal and Madoff Fraud, Using Sex with Minors as a Bribe JPMorgan Chase Quietly Settles Whistleblower Case Involving Charges of Keeping Two Sets of Books and Improper Payments to Tony Blair Watchdog to Fed: JPMorgan Is Controlling Fossil Fuels Empire, Which Just Spilled a Million Gallons of Oil in Gulf of Mexico Janet Yellen’s Treasury Department Hires 5-Count Felon JPMorgan Chase to Look for Fraud Professors Point to JPMorgan Chase as Poster Boy of a Financial System Dependent on Corruption to Sustain Itself

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UK Unveils Plan For £1.4T Surplus In Pension Sector
by Gunnar Larson 27 Feb '24

27 Feb '24

UK Unveils Plan For £1.4T Surplus In Pension Sector <https://www.law360.co.uk/financial-services-uk/articles/1806544?nl_pk=a94fc…> By Martin Croucher The government has said it is exploring proposals to allow companies to tap into the £1.4 trillion ($1.8 trillion) defined benefit pension sector, but trade bodies and consultants warned that the plan could undermine the security of savers. Read full article » <https://www.law360.co.uk/financial-services-uk/articles/1806544?nl_pk=a94fc…> | Save to favorites » <https://www.law360.co.uk/financial-services-uk/articles/1806544?nl_pk=a94fc…>

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Woman Denies Lying To Citibank To Launder Stolen Bitcoin
by Gunnar Larson 27 Feb '24

27 Feb '24

Woman Denies Lying To Citibank To Launder Stolen Bitcoin <https://www.law360.co.uk/financial-services-uk/articles/1806593?nl_pk=a94fc…> By Ronan Barnard A British-Chinese woman accused of laundering bitcoin converted from a £5 billion ($6.32 billion) investment fraud denied Monday knowingly giving Citibank false information about her transactions, saying at her London trial that at the time she thought she was being truthful. Read full article » <https://www.law360.co.uk/financial-services-uk/articles/1806593?nl_pk=a94fc…> | Save to favorites » <https://www.law360.co.uk/financial-services-uk/articles/1806593?nl_pk=a94fc…>

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Your Freedom of Information Law ("FOIL") Request FOIL-2023-095358-021587 - Robinhood BitLicense Records Appeal - NY-DFS
by Gunnar Larson 27 Feb '24

27 Feb '24

FTX is not the biggest fraud in the history of the United States of America. Gunnar ---------- Forwarded message ---------- From: Gunnar Larson <g(a)xny.io> To: "Mazza, Stephanie (DFS)" <Stephanie.Mazza(a)dfs.ny.gov> Cc: "Reader, Shaun" <sreader(a)curtis.com>, letitia.james(a)ag.ny.gov, "Harris, Adrienne A (DFS)" <Adrienne.Harris(a)dfs.ny.gov>, Recordsaccessofficer(a)dfs.ny.gov, cypherpunks(a)cpunks.org Bcc: Date: Tue, 27 Feb 2024 06:43:23 -0500 Subject: Re: Your Freedom of Information Law ("FOIL") Request FOIL-2023-095358-021587 - Robinhood BitLicense Records Appeal - NY-DFS Ms. Mazza: The five day deadline has passed. This is very important particular to xNY.io - Bank.org's concern of a crypto RICO derrived out of the BitLicense. Ms. Mazza, when can xNY.io - Bank.org expect a response on the Robinhood records? NY-DFS' records response to Coinbase was extremely helpful. Have a great day. Thank you, Gunnar -- Gunnar Larson xNY.io | Bank.org MSc - Digital Currency MBA - Entrepreneurship and Innovation (ip) G(a)xNY.io +1-917-580-8053 New York, New York 10001 On Wed, Feb 21, 2024, 2:21 PM Gunnar Larson <g(a)xny.io> wrote: > In accordance with Public Officers Law § 89(4), xNY.io - Bank.org elects > to appeal this determination to withhold the Robinhood BitLicense Records. > > Turn this matter as we will, any side whatsoever appears to require > obstruction of justice. > > We further demand NY-DFS send xNY.io - Bank.org an update on the > aforementioned appeal within five (5) business days. > > Reserving all rights, xNY.io - Bank.org is seeking relevant relief in > California on Robinhood. > > Warm regards, > > Gunnar > > ---- > > SENT VIA EMAIL > Email: G(a)xny.io > February 21, 2024 > Mr. Gunnar Larson > xNY.io – Bank.org > 406 West 25th Street > New York, NY 10001 > Re: Freedom of Information Law (“FOIL”) Tracking No. 2023-095358 > Dear Mr. Larson, > I write in response to the FOIL request that you submitted to the New York > State Department of Financial Services > (“Department”), which has been assigned the above-referenced tracking > number and reads as follows: > Dear Madam or Sir: On August 2, 2022 the Superintendent of Financial > Services Adrienne A. Harris > announced that Robinhood Crypto, LLC (“RHC”) would pay a $30 million > penalty to New York State > for significant failures in the areas of bank secrecy act/anti-money > laundering (“BSA/AML”) > obligations and cybersecurity that resulted in violations of the > Department’s Virtual Currency > Regulation (23 NYCRR Part 200), Money Transmitter Regulation (3 NYCRR Part > 417), Transaction > Monitoring Regulation (23 NYCRR Part 504), and Cybersecurity Regulation > (23 NYCRR Part 500). > xNY.io - Bank.org would like to > 1. receive any and all records related to NY-DFS' investigation of > Robinhood Crypto. Including (but > not limited to) records concerning the bespoke Supervisory Agreement > Robinhood Crypto has with > the Department of Financial Services mentioned here: > https://www.dfs.ny.gov/reports_and_publications/press_releases/pr202208021 > . > 2. In addition, xNY.io - Bank.org seeks any and all records concerning New > York's approach to > Robinhood Crypto and Goldman Sachs compliance programs mandated by the > United States > Department of Justice, Criminal Division, Fraud Section and Money > Laundering and Asset > Recovery Section mentioned here: > https://drive.google.com/file/d/1Yx88RMoeLyyfbNK0RtPl4r- > m8N21_1Sp/view?usp=drivesdk. > 3. Finally, xNY.io - Bank.org seeks records concerning New York's > regulatory approval of > Robinhood Crypto engaging a fine of $30M to implement heightened controls > and additional > procedures and policies relating to electronic surveillance and > investigation, due diligence on > transactions or clients and the use of third-party intermediaries across > business units; and enhancing > anti-corruption training for all management and relevant employees. > To the extent the request is reasonably described, the Department > construes the request as seeking the records, > correspondence, and work product exchanged between Robinhood and the > Department in accordance with the Department’s > August 1, 2022 Consent Order (“responsive records”). > The records that you seek relate to an ongoing Department investigation. > Accordingly, your request is denied > pursuant to Public Officers Law § 87(2)(e)(i) (the “law enforcement > exemption”), which excepts from disclosure records > that are compiled for law enforcement purposes and that, if disclosed, > would interfere with law enforcement investigations. > The purpose behind the law enforcement exemption is to protect an agency’s > investigative process from being compromised > by revealing the scope and nature of an agency's investigation before an > investigation is complete. See Matter of Pittari v. > Pirro, 258 A.D.2d 202 (2d Dep’t 1999). It also bears noting that the law > enforcement exemption applies to both civil and > criminal investigatory files. See Madeiros v. Dep’t of Educ., 30 N.Y.3d 67 > (2017). In this instance, releasing the requested > records would interfere with the Department’s investigative process. Thus, > the Department is not disclosing the records that > you request pursuant to Public Officers Law § 87(2)(e)(i). > Moreover, in addition to withholding the responsive records pursuant to > Public Officers Law § 87(2)(e)(i), the > Department also is withholding the responsive records pursuant to Public > Officers Law § 87(2)(a), which specifically > exempts from disclosure records exempted by a state or federal statute. > The applicable statutory provision is N.Y. Banking > Law (“Banking Law”) § 36(10), which states, in pertinent part, that > reports of examinations and investigations and > correspondence and memoranda concerning or arising out of such > examinations and investigations are confidential and shall > not be made public. The statute fosters open communication between the > Department and its regulated institutions, a > necessity for effective regulation of financial institutions, by ensuring > that records transmitted to the Department in > connection with its supervision of a financial institution are protected > from disclosure. > The responsive records that were transmitted between Robinhood and the > Department in connection with the > Department’s supervision of Robinhood as a licensed money transmitter > pursuant to New York Banking Law, constitute > correspondence and reports concerning and arising out of an investigation > and are, therefore, required to be kept confidential > and exempt from disclosure under Banking Law § 36(10). The expectation > that records transmitted to the Department will > remain confidential is essential to encouraging candor and open > communications between the Department, its regulated > entities, and the entities undergoing regulatory review that submit such > records. Release of such sensitive records, albeit > responsive records, may have a chilling effect on the willingness of > regulated entities to share information and cooperate > with supervisors to resolve issues, and thus confidentiality is critical > to the Department’s ability to perform its regulatory > mandate and purpose. Accordingly, the exemption set forth in Public > Officers Law § 87(2)(a) via Banking Law § 36(10) > covers the responsive records. > In accordance with Public Officers Law § 89(4), you may appeal this > determination to withhold the records within > 30 days by sending an email to FOIL.Appeals(a)dfs.ny.gov. > Very truly yours, > Stephanie Mazza > Associate Attorney > ---------- Forwarded message --------- > From: <Stephanie.Mazza(a)dfs.ny.gov> > Date: Wed, Feb 21, 2024, 1:26 PM > Subject: Your Freedom of Information Law ("FOIL") Request > FOIL-2023-095358-021587 > To: <G(a)xny.io> > > > Dear Mr. Larson: > > Attached please find the Department's determination regarding the > aforementioned FOIL request. Because your request has been answered, your > request is now closed. > > Tracking Number:FOIL-2023-095358-021587 >

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Ex-Dechert Atty Can Keep Depo Confidential In Hacking Case
by Gunnar Larson 27 Feb '24

27 Feb '24

Ex-Dechert Atty Can Keep Depo Confidential In Hacking Case <https://www.law360.com/legalethics/articles/1806186?nl_pk=153d4a8a-6fb9-4a5…> By Hayley Fowler A former Dechert LLP partner can keep her deposition under wraps in an airline mogul's suit seeking to prove an international hacking conspiracy, a special master in North Carolina has ruled in a blow to the tycoon, who accused the attorney of trying to shield misconduct. Report attached | Read full article » <https://www.law360.com/legalethics/articles/1806186?nl_pk=153d4a8a-6fb9-4a5…> | Save to favorites » <https://www.law360.com/legalethics/articles/1806186?nl_pk=153d4a8a-6fb9-4a5…>

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Gun Cos. Can't End New York AG's Ghost Gun Crisis Suit
by Gunnar Larson 27 Feb '24

27 Feb '24

Gun Cos. Can't End New York AG's Ghost Gun Crisis Suit <https://www.law360.com/newyork/articles/1806389?nl_pk=ac5a3855-e47c-4403-be…> By Gina Kim A New York federal judge Friday largely denied a dismissal bid by gun distributors accused by New York Attorney General Letitia James of selling gun parts that can be easily converted into "ghost guns" to customers without background checks, rejecting the distributors' argument that the state's claims infringe on the Second Amendment. Opinion attached | Read full article » <https://www.law360.com/newyork/articles/1806389?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/1806389?nl_pk=ac5a3855-e47c-4403-be…>

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Seattle Hospital Gets Facebook Browser Tracking Suit Tossed
by Gunnar Larson 27 Feb '24

27 Feb '24

Seattle Hospital Gets Facebook Browser Tracking Suit Tossed <https://www.law360.com/health/articles/1806377?nl_pk=6422bbc2-a823-4be5-9a9…> By Rachel Riley A Washington state judge sided with Seattle Children's Hospital on Friday, throwing out a proposed class action accusing the healthcare provider of privacy law violations and agreeing the group of parents hadn't shown how the use of a browser tracking tool on its website disclosed confidential patient information to Facebook. Order attached | Read full article » <https://www.law360.com/health/articles/1806377?nl_pk=6422bbc2-a823-4be5-9a9…> | Save to favorites » <https://www.law360.com/health/articles/1806377?nl_pk=6422bbc2-a823-4be5-9a9…>

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Feds' Crypto Focus Is No Longer On 'Whack-A-Mole' Cases
by Gunnar Larson 27 Feb '24

27 Feb '24

Feds' Crypto Focus Is No Longer On 'Whack-A-Mole' Cases <https://www.law360.com/banking/articles/1806270?nl_pk=feb6bbba-7878-4d39-be…> By Aislinn Keely The U.S. Department of Justice is no longer playing "whack-a-mole" in its crypto cases, and instead is taking on large-scale actors in the hopes of encouraging industrywide compliance, veteran crypto-focused prosecutors with the Manhattan U.S. attorney's office said Friday. Read full article » <https://www.law360.com/banking/articles/1806270?nl_pk=feb6bbba-7878-4d39-be…> | Save to favorites » <https://www.law360.com/banking/articles/1806270?nl_pk=feb6bbba-7878-4d39-be…>

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