May 2024 - cypherpunks - lists.cpunks.org

Re: Your Freedom of Information Law ("FOIL") Request FOIL-2023-095358-021587 - Robinhood BitLicense Records Appeal - NY-DFS
by Gunnar Larson 02 May '24

02 May '24

Dear Madam Attorney General James: xNY.io - Bank.org knows it is essential to encouraging candor and open, honest communications while operating in New York State. Today xNY.io - Bank.org contacts your esteemed office seeking required approval to engage New York State's Fale Claims Act. Madam Attorney General, Robinhood's board of directors suggests the firm was founded in part to "democratize finance" with New York roots: https://investors.robinhood.com/governance/board-of-directors/default.aspx. With NY-DFS withholding relevant Robinhood records, xNY.io - Bank.org has no real evidence to prove Robinhood has any real honest intentions to democratize anything, let alone finance. FTX's $500M Robinhood seized share transaction is one such example of xNY.io -Bank.org's general concern. Furthermore, it is our understanding that FTX and Robinhood share conflicts of New Yorker's interests at the solicitor level. Robinhood making these "to democratize finance" endorsements may also be liable for potential violations of the anti-fraud provisions of the federal securities laws, for participating in an unregistered offer and sale of FTX securities. Additionally, Robinhood could have acted as unregistered "STX" brokers outside of New York State (for example in Florida, California, Singapore and Hong Kong) leading to NYCCoin and MIA Coin that took advantage of New York State's BitLicense by association. Attorney General James, as a matter relating to xNY.io - Bank.org growing into one of the world's most ethical companies, famous for risk management and corporate governance, and as internationally recognized Scholars, our executive team must adhere to federal securities laws. Robinhood's likley contrived conflicts could be interpreted as a red flag to xNY.io - Bank.org's earnest enterprise everywhere on Earth. xNY.io - Bank.org must act in good faith to protect pure innovation in New York State financial markets, so that our international operations are sound. We seek the Attorney General's approval to engage New York False Claims Act by May 13, 2024 or we may be forced to seek relevant injunctive relief in California and Hong Kong. The best with warm regards, 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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Law Firm Fabiani Hit With Race, Gender Bias Suit
by Gunnar Larson 02 May '24

02 May '24

Law Firm Fabiani Hit With Race, Gender Bias Suit <https://www.law360.com/legalethics/articles/1831694?nl_pk=153d4a8a-6fb9-4a5…> By Andrea Keckley A Black female insurance and construction law attorney sued Fabiani Cohen & Hall LLP and its three name partners Tuesday in New York federal court, alleging she was subjected to a "despicable campaign" of harassment for more than a decade. Complaint attached | Read full article » <https://www.law360.com/legalethics/articles/1831694?nl_pk=153d4a8a-6fb9-4a5…> | Save to favorites » <https://www.law360.com/legalethics/articles/1831694?nl_pk=153d4a8a-6fb9-4a5…>

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In Trump Staredown With NY Judge, 'Somebody Has To Blink'
by Gunnar Larson 02 May '24

02 May '24

In Trump Staredown With NY Judge, 'Somebody Has To Blink' <https://www.law360.com/legalethics/articles/1832023?nl_pk=153d4a8a-6fb9-4a5…> By Phillip Bantz Experts say Donald Trump will likely continue to ignore warnings from the court, and possibly his own attorneys, as his Manhattan hush money trial resumes Thursday with a fresh set of arguments over the presumptive Republican presidential nominee's out-of-court statements. Read full article » <https://www.law360.com/legalethics/articles/1832023?nl_pk=153d4a8a-6fb9-4a5…> | Save to favorites » <https://www.law360.com/legalethics/articles/1832023?nl_pk=153d4a8a-6fb9-4a5…>

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Eastman Denied Stay Of Inactive Status To 'Safeguard' Public
by Gunnar Larson 02 May '24

02 May '24

Eastman Denied Stay Of Inactive Status To 'Safeguard' Public <https://www.law360.com/legalethics/articles/1832481?nl_pk=153d4a8a-6fb9-4a5…> By Lauren Berg A State Bar Court of California judge on Wednesday denied a request from Donald Trump's onetime attorney John Eastman to delay placing him on inactive enrollment while he appeals the recommendation for his disbarment, saying he hasn't shown that "he no longer presents a threat to the public." Order attached | Read full article » <https://www.law360.com/legalethics/articles/1832481?nl_pk=153d4a8a-6fb9-4a5…> | Save to favorites » <https://www.law360.com/legalethics/articles/1832481?nl_pk=153d4a8a-6fb9-4a5…>

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Mich. Atty Can't Avoid Suspension For Frivolous Cases
by Gunnar Larson 02 May '24

02 May '24

Mich. Atty Can't Avoid Suspension For Frivolous Cases <https://www.law360.com/legalethics/articles/1831585?nl_pk=153d4a8a-6fb9-4a5…> By Danielle Ferguson The Michigan Attorney Discipline Board has said a 100-day suspension is appropriate for an attorney accused of filing frivolous claims and misleading federal and state courts while representing clients in cases against governmental entities and elected government officials. Opinion attached | Read full article » <https://www.law360.com/legalethics/articles/1831585?nl_pk=153d4a8a-6fb9-4a5…> | Save to favorites » <https://www.law360.com/legalethics/articles/1831585?nl_pk=153d4a8a-6fb9-4a5…>

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Food Supplier Can't Shake Off $5M DOD Bid-Rigging Claim
by Gunnar Larson 02 May '24

02 May '24

Food Supplier Can't Shake Off $5M DOD Bid-Rigging Claim <https://www.law360.com/competition/articles/1831349?nl_pk=6416fd97-1dc4-4e0…> By Alyssa Aquino A food supplier must face a U.S. Department of Defense agency's efforts to recoup the purported $5 million lost to an ex-employee's bid-rigging scheme, after a contract appeals board ruled the contractor was required to provide fair, unrigged prices. Opinion attached | Read full article » <https://www.law360.com/competition/articles/1831349?nl_pk=6416fd97-1dc4-4e0…> | Save to favorites » <https://www.law360.com/competition/articles/1831349?nl_pk=6416fd97-1dc4-4e0…>

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Sony, PlayStation Users Spar Over Early Antitrust Cert. Denial
by Gunnar Larson 02 May '24

02 May '24

Sony, PlayStation Users Spar Over Early Antitrust Cert. Denial <https://www.law360.com/competition/articles/1831841?nl_pk=6416fd97-1dc4-4e0…> By Dorothy Atkins Sony and PlayStation Store users fought before a California federal judge Wednesday over the company's bid to deny class certification to users who claim it overcharged them through a monopoly on downloadable game cards, with the users arguing that Sony waived its arbitration arguments under the Ninth Circuit's recent Hill ruling. Read full article » <https://www.law360.com/competition/articles/1831841?nl_pk=6416fd97-1dc4-4e0…> | Save to favorites » <https://www.law360.com/competition/articles/1831841?nl_pk=6416fd97-1dc4-4e0…>

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Kirkland Rips 'Tortured' Theory In Texas Judge Romance Suit
by Gunnar Larson 02 May '24

02 May '24

Kirkland Rips 'Tortured' Theory In Texas Judge Romance Suit <https://www.law360.com/banking/articles/1831728?nl_pk=feb6bbba-7878-4d39-be…> By Jack Karp Kirkland & Ellis LLP's inclusion in a Texas federal suit accusing it of conspiring with Jackson Walker LLP, a disgraced Texas bankruptcy judge and a former Jackson Walker partner who was his romantic partner to oust a CEO is based on "a tortured theory" and "flimsy facts," the firm declared. Motion attached | Read full article » <https://www.law360.com/banking/articles/1831728?nl_pk=feb6bbba-7878-4d39-be…> | Save to favorites » <https://www.law360.com/banking/articles/1831728?nl_pk=feb6bbba-7878-4d39-be…>

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In Trump Staredown With NY Judge, 'Somebody Has To Blink'
by Gunnar Larson 02 May '24

02 May '24

In Trump Staredown With NY Judge, 'Somebody Has To Blink' <https://www.law360.com/mergersacquisitions/articles/1832023?nl_pk=a34c25b5-…> By Phillip Bantz Experts say Donald Trump will likely continue to ignore warnings from the court, and possibly his own attorneys, as his Manhattan hush money trial resumes Thursday with a fresh set of arguments over the presumptive Republican presidential nominee's out-of-court statements. Read full article » <https://www.law360.com/mergersacquisitions/articles/1832023?nl_pk=a34c25b5-…> | Save to favorites » <https://www.law360.com/mergersacquisitions/articles/1832023?nl_pk=a34c25b5-…>

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Online Portal Helps Fortify Feds' Unfair Health Practices Fight
by Gunnar Larson 02 May '24

02 May '24

Online Portal Helps Fortify Feds' Unfair Health Practices Fight <https://www.law360.com/mergersacquisitions/articles/1831537?nl_pk=a34c25b5-…> The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth. Read full article » <https://www.law360.com/mergersacquisitions/articles/1831537?nl_pk=a34c25b5-…> | Save to favorites » <https://www.law360.com/mergersacquisitions/articles/1831537?nl_pk=a34c25b5-…>

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