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June 2024
- 6 participants
- 621 discussions
Charges Dropped In NYC Mayor Straw Donor Case
<https://www.law360.com/newyork/articles/1849152?nl_pk=ac5a3855-e47c-4403-be…>
By Stewart Bishop
A New York state judge on Tuesday dismissed charges against a former
development consultant and state employee, who was accused of being part of
a conspiracy to funnel straw donor funds to New York City Mayor Eric Adams'
2021 campaign, after prosecutors agreed to drop the case.
Read full article »
<https://www.law360.com/newyork/articles/1849152?nl_pk=ac5a3855-e47c-4403-be…>
| Save to favorites »
<https://www.law360.com/newyork/articles/1849152?nl_pk=ac5a3855-e47c-4403-be…>
1
0
Cuomo's Ex-Aide Details Sex Harrassment Claims In New Suit
<https://www.law360.com/newyork/articles/1849381?nl_pk=ac5a3855-e47c-4403-be…>
By Dorothy Atkins
Former New York Gov. Andrew Cuomo's onetime executive assistant has filed a
civil lawsuit in New York state court, accusing Cuomo of "outrageous sex
discrimination and retaliation" roughly two years after related misdemeanor
charges over the alleged misconduct were dropped.
Complaint attached | Read full article »
<https://www.law360.com/newyork/articles/1849381?nl_pk=ac5a3855-e47c-4403-be…>
| Save to favorites »
<https://www.law360.com/newyork/articles/1849381?nl_pk=ac5a3855-e47c-4403-be…>
1
0
NY High Court Denies Trump's Gag Order Appeal
<https://www.law360.com/newyork/articles/1849139?nl_pk=ac5a3855-e47c-4403-be…>
By Frank G. Runyeon
New York state's highest court on Tuesday denied Donald Trump's rapid
appeal of the gag order that limited his speech during his criminal hush
money trial, finding it did not raise serious constitutional issues.
1 document attached | Read full article »
<https://www.law360.com/newyork/articles/1849139?nl_pk=ac5a3855-e47c-4403-be…>
| Save to favorites »
<https://www.law360.com/newyork/articles/1849139?nl_pk=ac5a3855-e47c-4403-be…>
1
0
NYC Bar Unimpressed With Choices For Brooklyn Judge Race
<https://www.law360.com/newyork/articles/1849088?nl_pk=ac5a3855-e47c-4403-be…>
By Kevin Penton
The New York City Bar Association recently completed its evaluations of
Democratic judicial candidates for various contested primary races for the
city's Civil Court and Surrogate's Court, including one race where neither
candidate passed muster.
Read full article »
<https://www.law360.com/newyork/articles/1849088?nl_pk=ac5a3855-e47c-4403-be…>
| Save to favorites »
<https://www.law360.com/newyork/articles/1849088?nl_pk=ac5a3855-e47c-4403-be…>
1
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492 Highlights to UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 22-CV-14102-MIDDLEBROOKS DONALD J. TRUMP, Plaintiff, v. HILLARY R. CLINTON, et al., Defendants. ____________________
by Gunnar Larson 20 Jun '24
by Gunnar Larson 20 Jun '24
20 Jun '24
INTRODUCTION
March 24, 2022
158 Highlights:
https://drive.google.com/file/d/1zggK7lgptlZ6Qn11EndzbDloqqVxRifv/view?usp=…
1. In the run-up to the 2016 Presidential Election, Hillary Clinton and her
cohorts
orchestrated an unthinkable plot – one that shocks the conscience and is an
affront to this nation’s democracy. Acting in concert, the Defendants
maliciously conspired to weave a false narrative that their Republican
opponent, Donald J. Trump, was colluding with a hostile foreign
sovereignty.
The actions taken in furtherance of their scheme—falsifying evidence,
deceiving law enforcement, and exploiting access to highly-sensitive data
sources - are so outrageous, subversive and incendiary that even the events
of Watergate pale in comparison.
2. Under the guise of ‘opposition research,’ ‘data analytics,’ and other
political
stratagems, the Defendants nefariously sought to sway the public’s trust.
They worked together with a single, self-serving purpose: to vilify Donald
J. Trump. Indeed, their far-reaching conspiracy was designed to cripple
Trump’s bid for presidency by fabricating a scandal that would
be used to trigger an unfounded federal investigation and ignite a media
frenzy.
3. The scheme was conceived, coordinated and carried out by top-level
officials at the
Clinton Campaign and the DNC—including ‘the candidate’ herself—who
attempted to shield her involvement behind a wall of third parties.1 To
start, the Clinton Campaign and the DNC enlisted the assistance of their
shared counsel, Perkins Coie, a law firm with deep Democrat ties, in the
hopes of obscuring their actions under the veil of attorney-client
privilege. Perkins Coie was tasked with spearheading the scheme to find—or
fabricate—proof of a sinister link between Donald J. Trump and Russia.
To do so, Perkins Coie launched parallel operations: on one front, Perkins
Coie partner Marc Elias led an effort to produce spurious ‘opposition
research’ claiming
to reveal illicit ties between the Trump Campaign and Russian operatives;
on a separate front, Perkins Coie partner Michael Sussmann headed a
campaign to develop misleading evidence of a bogus ‘back channel’
connection between e-mail servers at Trump Tower and a Russian-owned
bank.
4. Marc Elias, in his mission to obtain derogatory anti-Trump ‘opposition
research,’ commissioned Fusion GPS, an investigative firm, and its
co-founders, Peter Fritsch and Glenn Simpson, and directed them to dredge
up evidence—actual or otherwise—of collusion between Trump and Russia.
Fritsch and Simpson, in turn, enlisted the assistance of Orbis Ltd. and its
owner, Christopher Steele, to produce a series of reports purporting to
contain proof of the
supposed collusion. Of course, the now fully debunked collection of
reports, known as the “Steele Dossier,” was riddled with misstatements,
misrepresentations and, most of all, flat out lies. In truth, the Steele
Dossier was largely based upon information provided to Steele by his
primary
sub-source, Igor Danchenko, who was subsequently indicted for falsifying
his claims. Even more damning, Danchenko had close ties to senior Clinton
Campaign official, Charles Halliday Dolan, Jr., who knowingly provided
false information to Danchenko, who relayed it to Steele, who
reported it in the Steele Dossier and eagerly fed the deceptions to both
the media and the FBI. This duplicitous arrangement existed for a singular
self-serving purpose – to discredit Donald J. Trump
and his campaign.
5. At the same time, Michael Sussmann, in his hunt for damaging intel
against the
Trump Campaign, turned to Neustar, Inc., an information technology company,
and one of its top executives, Rodney Joffe, a fervent anti-Trumper who had
recently been promised a high-ranking position with the Clinton
Administration, to exploit their access to non-public data in search of a
secret “back channel” connection between Trump Tower and Alfa Bank. When it
was discovered that no such channel existed, the Defendants resorted to
truly subversive measures – hacking servers at Trump Tower, Trump’s private
apartment, and, most alarmingly, the White House. This
ill-gotten data was then manipulated to create a misleading “inference” and
submitted to law enforcement in an effort to falsely implicate Donald J.
Trump and his campaign.2 All of these acts
were carried out in coordination with the Clinton Campaign and the DNC, at
the behest of certain Democratic “VIPs.”3
6. While their multi-pronged attack was underway, the Defendants seized on
the
opportunity to publicly malign Donald J. Trump by instigating a full-blown
media frenzy. Indeed, the Clinton Campaign and DNC—admittedly on a
“mission” to “raise the alarm” about their contrived Trump-Russia
link4—repeatedly fed disinformation to the media and shamelessly
promoted their false narratives. All the while, Hillary Clinton, Jake
Sullivan, Debbie Wasserman Schultz, and others did their best to
proliferate the spread of those dubious and false claims through
press releases, social media, and other public statements.
7. The fallout from the Defendants’ actions was not limited to the public
denigration
of Trump and his campaign. The Federal Bureau of Investigation
(FBI)—relying on the Defendants’ fraudulent evidence—commenced a
large-scale investigation and expended precious time, resources and
taxpayer dollars looking into the spurious allegation that the Trump
Campaign
had colluded with the Russian Government to interfere in the 2016
presidential election. The effects of this unfounded investigation were
prolonged and exacerbated by the presence of a small faction of Clinton
loyalists who were well-positioned within the Department of Justice and the
FBI
– James Comey, Andrew McCabe, Peter Strzok, Lisa Page, Kevin Clinesmith,
and Bruce Ohr. These government officials were willing to abuse their
positions of public trust to advance the baseless probe to new levels,
including obtaining an extrajudicial FISA warrant and instigating the
commencement of an oversight investigation headed by Special Counsel Robert
Mueller. As a result, Donald J. Trump and his campaign were forced to
expend tens of millions of dollars in legal
fees to defend against these contrived and unwarranted proceedings. Justice
would ultimately prevail – following a two-year investigation, Special
Counsel Mueller went on to exonerate Donald J. Trump and his campaign with
his finding that there was no evidence of collusion with Russia.
8. The full extent of the Defendants’ wrongdoing has been steadily and
gradually exposed by Special Counsel John Durham, who has been heading a
DOJ investigation into the origins of the Trump-Russia conspiracy. To date,
he has already issued indictments to Sussmann and Danchenko, among others,
for proffering false statements to law enforcement officials. As
outlined below, these ‘speaking’ indictments not only implicate many of the
Defendants named herein but also provide a great deal of insight into the
inner-workings of the Defendants’ conspiratorial enterprise. Based on
recent developments and the overall direction of Durham’s
investigation, it seems all but certain that additional indictments are
forthcoming.
9. In short, the Defendants, blinded by political ambition, orchestrated a
malicious
conspiracy to disseminate patently false and injurious information about
Donald J. Trump and his campaign, all in the hopes of destroying his life,
his political career and rigging the 2016 Presidential Election in favor of
Hillary Clinton. When their gambit failed, and Donald J. Trump
was elected, the Defendants’ efforts continued unabated, merely shifting
their focus to undermining his presidential administration. Worse still,
the Defendants continue to spread their vicious lies to this day as they
unabashedly publicize their thoroughly debunked falsehoods in an
effort to ensure that he will never be elected again. The deception,
malice, and treachery
perpetrated by the Defendants has caused significant harm to the American
people, and to the Plaintiff, Donald J. Trump, and they must be held
accountable for their heinous acts.
____________________
BACKGROUND
September 8, 2022
190 Highlights:
https://drive.google.com/file/d/1JUQtPF8f6ckSRHwLcu3S_joyF5xQoA-A/view?usp=…
Plaintiff initiated this lawsuit on March 24, 2022, alleging that “the
Defendants, blinded by political ambition, orchestrated a malicious
conspiracy to disseminate patently false and injurious
information about Donald J. Trump and his campaign, all in the hopes of
destroying his life, his political career and rigging the 2016 Presidential
Election in favor of Hillary Clinton.” (DE 177, Am. Compl. ¶ 9). On this
general premise, Plaintiff brings a claim for violations of the Racketeer
Influenced and Corrupt Organizations Act (“RICO”), predicated on the theft
of trade secrets, obstruction of justice, and wire fraud (Count I). He
additionally brings claims for: injurious falsehood (Count III); malicious
prosecution (Count V); violations of the Computer Fraud and Abuse Act
(“CFAA”) (Count VII); theft of trade secrets under the Defend Trade Secrets
Act of
2016 (“DTSA”) (Count VIII); and violations of the Stored Communications Act
(“SCA”) (Count IX). The Amended Complaint also contains counts for various
conspiracy charges and theories of agency and vicarious liability. (Counts
II, IV, VI, and X–XVI). Plaintiff’s theory of this case, set forth over 527
paragraphs in the first 118 pages of the Amended Complaint, is difficult to
summarize in a concise and cohesive manner.
It was certainly not presented that way. Nevertheless, I will attempt to
distill it here.
The short version: Plaintiff alleges that the Defendants “[a]cting in
concert . . . maliciously conspired to weave a false narrative that their
Republican opponent, Donald J. Trump, was colluding with a hostile foreign
sovereignty.” (Am. Compl. ¶ 1). The Defendants effectuated this
alleged conspiracy through two core efforts. “[O]n one front, Perkins Coie
partner Mark Elias led an effort to produce spurious ‘opposition research’
claiming to reveal illicit ties between the Trump
campaign and Russian operatives.” (Id. ¶ 3).
To that end, Defendant Hillary Clinton and her campaign, the Democratic
National Committee, and lawyers for the Campaign and the Committee
allegedly hired Defendant Fusion GPS to fabricate the Steele Dossier. (Id.
¶ 4). “[O]n a separate
front, Perkins Coie partner Michael Sussman headed a campaign to develop
misleading evidence of a bogus ‘back channel’ connection between e-mail
servers at Trump Tower and a Russian-
owned bank.” (Id.). Clinton and her operatives allegedly hired Defendant
Rodney Joffe to exploit his access to Domain Name Systems (“DNS”) data, via
Defendant Neustar, to investigate and
ultimately manufacture a suspicious pattern of activity between
Trump-related servers and a Russian bank with ties to Vladimir Putin, Alfa
Bank. (Id. ¶ 3). As a result of this “fraudulent evidence,” the Federal
Bureau of Investigations (“FBI”) commenced “several large-scale
investigations,” which were “prolonged and exacerbated by the presence of a
small faction of
Clinton loyalists who were well-positioned within the Department of
Justice”—Defendants James Comey, Andrew McCabe, Peter Strzok, Lisa Page,
Kevin Clinesmith, and Bruce Ohr. (Id. ¶ 7).
And while this was ongoing, the Defendants allegedly “seized on the
opportunity to publicly malign Donald J. Trump by instigating a full-blown
media frenzy.” (Id. ¶ 6). As a result of this “multi-pronged attack,”
Plaintiff claims to have amassed $24 million in damages.1(Id. ¶ 527).
Defendants now move to dismiss the Amended Complaint as “a series of
disconnected political disputes that Plaintiff has alchemized into a
sweeping conspiracy among the many individuals Plaintiff believes to have
aggrieved him.” (DE 226 at 1). They argue that dismissal is
warranted because Plaintiff’s claims are both “hopelessly stale”—that is,
foreclosed by the applicable statutes of limitations—and because they fail
on the merits “in multiple independent respects.” (Id. at 2). As they view
it, “[w]hatever the utilities of [the Amended Complaint] as a fundraising
tool, a press release, or a list of political grievances, it has no merit
as a lawsuit.” (Id.).
I agree. In the discussion that follows, I first address the Amended
Complaint’s structural deficiencies. I then turn to subject matter
jurisdiction and the personal jurisdiction arguments raised by certain
Defendants. Finally, I assess the sufficiency of the allegations as to each
of the
substantive counts.
____________________
BACKGROUND
October 31, 2022
25 Highlights:
https://drive.google.com/file/d/1QynNCV7iSPi-8b6dt605jmFTTNSaXtuD/view?usp=…
PlaintifP’s pleadings and theories were obviously and fatally defective
from the very
inceptionof this action. Plaintiff's initial Complaint spanned 108 pages
and S08 paragraphs. DE 1 (March 24, 2022). It named 28 individual
defendants, as well as 10 John Does and 10 ABC Corporations. /d.
Less than a month after the Complaint was filed, Hillary Clinton moved to
dismiss it with prejudice. DE 52 (Apr. 20,2022). Defendant Clinton’s motion
identified manyofthe fundamentalfactual deficiencies and legal flaws that
would ultimately lead this Court to dismiss the Amended
Complaint: namely, (1) that Plaintifs claims were untimely on their face,
DE 52 at 1-5; (2) that Plaintiff's own tweets confirmed his knowledge ofhis
supposed claimsno later than October 2017, DE 52 at 2-3; (3) that
Plaintiffs Complaint was replete with inadequate and conclusory
allegations, DE 52 at 6; (4) that Plaintiff failed to allege a RICO
enterprise, DE 52 at 7; (5) that
Plaintiff failed to allege the predicate act of theft of trade secrets
based on DNS information, DE 52 at 8-9; (6) thatPlaintifffailedtoallege the
predicate act ofobstructionofjustice in part because
he identified no “official proceeding,” DE 52 at 9-10; (7) that Plaintiff
failed to allege a patter of racketeering activity, DE 52 at 11-12; (8)
that Plaintiff failed to adequately allege RICO standing because his
supposed injuries were almostentirely undescribed, DE 52.at 12-14; (9) that
Plaintiffs injurious falsehood claim was barred by the First Amendment, DE
52 at 15-17; (10) that Plaintiff failed to allege almost every necessary
clementof injurious falsehood under Florida law, DE 52 at
17-18; (11) that Plaintiff failed to allege a malicious prosecution claim
as to any official proceeding and, in particular, as to the properly
predicated Crossfire Hurricane investigation, DE 52 at 19-20; and (12) that
Plaintiff failed to allege a claim for “agency” because it is not an
independent cause of action under Florida law.
In response, Plaintiff's counsel indicated that they planned to amend the
Complaint. DE 66 (Apr. 21, 2022). Defendant Clinton did not oppose
counsel's request for an extension of time in whichto amend. See, e.g., DE
102 (Apr. 27,2022). In the intervening period, other Defendants
joined Clinton's motion to dismiss and filed their own motions
alertingPlaintiff and his counsel to additional fatal defects in the
Complaint. See DE 124 (John Podesta), 139 (Peter Fritsch, Fusion GPS, Glenn
Simpson); 141 (DNC Services Corporation, Democratic National Committee,
Debbie Wasserman Schultz); 143 (Perkins Coie); 144 (Nellie Ohr); 145 (Robby
Mook): 146 (Michael
Sussmann); 147 (Mare Elias); 149 (HFACC); 157 (Rodney Joffe); 159 (Igor
Danchenko); 160 (Neustar, Inc.); 162 & 163 (Charles Halliday Dolan, Jr.);
165 (Jake Sullivan). With respect to each motion, Plaintiff's counsel
indicated that they planned to amend in response to the motions, and
Defendants did not oppose extensionsof time to allow them to do so. See DE
153 (May 17,2022). PlaintifP’s counsel filed the Amended Complaint
approximately two months after receiving Defendant Clinton’s motion to
dismiss and with the benefit of Defendants” additional motions in
the interim. DE 177 (June 21, 2022). “But despite this briefing, PlaintifPs
Amended Complaint failed to cureanyofthe deficiencies.”DE 267 at 63-64
(Sept. 8, 2022) (“0p.”). “Instead, Plaintiff added eighty new pages of
largely irrelevant allegations that did nothing to salvage the legal
sufficiency of his claims.” Op. at 64. The Amended Complaint is “193 pages
in length, with 819 numbered paragraphs,” and “contains 14 counts, names 31
defendants, 10 “John Does” described as fictitious and unknown persons, and
10 *ABC Corporations’ identified as fictitious and
unknown entities.” Op. at 4.
____________________
BACKGROUND
November 10, 2022
66 Highlights:
https://drive.google.com/file/d/1ppCsJe6sSJKIionWtII4rI4qRMbKzBn3/view?usp=…
The Complaint. In March 2022, Charles Dolan was among 29 defendants
initially sued by Mr. Trump. (DE 1). He was identified as a former chairman
of the DNC, a senior official in the Clinton Campaign, and a close
associate of and advisor to Hillary Clinton. The Complaint alleged
that in April 2016, Mr. Dolan participated in discussions about the
creation of a “dossier” to smear Mr. Trump and disseminate false
accusations to the media (Compl. ¶ 79), and at the direction of
Ms. Clinton assisted in preparation of the dossier (Compl. ¶ 81). According
to the Complaint, an allegation contained within the dossier that Mr. Trump
engaged in salacious sexual activity in a
Moscow hotel was derived from Mr. Dolan. (Compl. ¶ 91). Mr. Dolan was sued
for RICO
conspiracy (Count II), conspiracy to commit injurious falsehood (Count IV),
and conspiracy to
commit malicious prosecution (Count VI).
The Warning Letter. On May 31, 2022, counsel for Mr. Dolan wrote the
attorneys for Mr. Trump. They warned:
1. That Mr. Dolan had no role in any conspiracy related to the Steele
dossier.
2. That Mr. Dolan was not a source for the allegations of sexual activity.
3. That Mr. Dolan had not been in contact with any defendant other than
Igor Danchenko,
and that Mr. Dolan’s contacts with Mr. Danchenko involved business
interests and help for a conference in Moscow.
4. That Mr. Dolan had never been chairman of the DNC.
5. That Ms. Clinton was on record through a spokesperson as stating she had
no recollection of Mr. Dolan.
(DE 268-1).
The letter requested that Mr. Dolan not be named as a defendant in any
forthcoming
Amended Complaint. The letter further warned that if he were to be named,
or if he was not dropped from the original Complaint, Rule 11 sanctions
would be sought.
The Amended Complaint. On June 21, 2022, Plaintiff filed an Amended
Complaint, as
had been expected. It ballooned to 193 pages, 819 paragraphs and 31
defendants. With respect to Mr. Dolan, the allegations remained essentially
the same. But in the Amended Complaint, Mr. Dolan was identified somewhat
more vaguely as the former chairman of a “national Democratic
political organization.” (Am. Compl. ¶ 96). Elsewhere, he was described as
a “senior Clinton Campaign Official.” (Am. Compl. ¶ 4). Moreover, and
somewhat inexplicably, Mr. Dolan was identified in the Amended Complaint as
a citizen and resident of New York, despite a declaration that Mr. Dolan
had provided to Plaintiff’s lawyers explaining that Mr. Dolan was a
resident of
Virginia. (Am. Compl. ¶ 20; DE 268-2).
The Sanctions Motion and Memorandum. On July 15, 2022, Mr. Dolan served on
Mr.
Trump’s lawyers a motion seeking sanctions pursuant to Rule 11. The motion
pointed out that the change in Mr. Dolan’s purported title from “former
chairman of the DNC” in the original Complaint to “former chairman of a
national Democratic political organization,” in the Amended Complaint did
not solve the problems identified in the warning letter because Mr. Dolan
had never
been the chairman of any such organization. The motion further explained
that Mr. Dolan’s role in the Clinton Campaign was limited to knocking on
doors as a volunteer. The motion also stated
that Mr. Dolan had never been a resident of New York, that Mr. Dolan had
told Plaintiff’s lawyers so, and that the allegations of the Amended
Complaint to that effect demonstrated a lack of diligence over something
easily checked.
Mr. Dolan’s motion for sanctions went on to place the Trump lawyers on
notice of a critical failure in their claims, warning them that the
Danchenko Indictment referenced throughout the Amended Complaint not only
failed to support their allegations against Mr. Dolan but contradicted
them. That warning continues to be unheeded.
____________________
BACKGROUND
January 19, 2023
53 Highlights:
https://drive.google.com/file/d/1sf0y-bIBdwaa1PO0Y3hKWhhImoXXCfbR/view?usp=…
Plaintiff initiated this lawsuit on March 24, 2022, alleging that “the
Defendants, blinded by political ambition, orchestrated a malicious
conspiracy to disseminate patently false and injurious information about
Donald J. Trump and his campaign, all in the hope of destroying his life,
his
political career, and rigging the 2016 Presidential Election in favor of
Hillary Clinton.” (DE 1 ¶ 9).
The next day, Alina Habba, Mr. Trump’s lead counsel told Fox News’ Sean
Hannity:
You can’t make this up. You literally cannot make a story like this up . .
. and President Trump is just not going to take it anymore. If you are
going to make up lies, if you are going to try to take him down, he is
going to fight you back. And that is what this is, this is the beginning of
all that.1 She then explained on Newsmax: What the real goal [of the suit]
is, is democracy, is continuing to make sure that our elections, continuing
to make sure our justice system is not obstructed by political enemies.
That cannot happen. And that’s exactly what happened. They obstructed
justice. They
continued the false narrative . . . This grand scheme, that you could not
make up, to take down an opponent. That is un-American.2
On April 20, 2022, less than a month after the Complaint was filed, Hillary
Clinton moved for dismissal with prejudice. Her motion identified
substantial and fundamental factual and legal flaws. Each of the other
Defendants followed suit, pointing to specific problems with the claims
against them. The problems in the Complaint were obvious from the start.
They were identified by the Defendants not once but twice, and Mr. Trump
persisted anyway.
Despite this briefing and the promise “to cure any deficiencies,”
Plaintiff’s counsel filed the Amended Complaint on June 21, 2022. (DE 177).
The Amended Complaint failed to cure any of the defects. See DE 267, Order
of Dismissal (September 8, 2022). Instead, Plaintiff added
eighty new pages of largely irrelevant allegations that did nothing to
salvage the legal sufficiency of his claims. (DE 267 at 64). The Amended
Complaint is 193 pages in length, with 819 numbered paragraphs, and
contains 14 counts, names 31 defendants, 10 John Does described as
fictitious and unknown persons, and 10 ABC Corporations identified as
fictitious and unknown entities.
On July 14, 2022, the United States moved pursuant to the Westfall Act, 28
U.S.C. § 2679 (d)(i), to substitute itself as Defendant for James Comey,
Andrew McCabe, Peter Strzok, Lisa Page, and Kevin Clinesmith. (DE 224). On
July 21, 2022, I granted the motion to substitute. (DE 234).
On September 8, 2022, I dismissed the case with prejudice as to all
Defendants except for the United States.
3 I issued a detailed and lengthy Order, which I incorporate by reference
here.
(DE 267). I found that fatal substantive defects which had been clearly
laid out in the first round of briefing, precluded the Plaintiff from
proceeding under any of the theories presented. I found that the Amended
Complaint was a quintessential shotgun pleading, that its claims were
foreclosed by existing precedent, and its factual allegations were
undermined and contradicted by the public reports and filings upon which it
purported to rely. I reserved jurisdiction to adjudicate issues
pertaining to sanctions.
Undeterred by my Order and two rounds of briefing by multiple defendants,
Ms. Habba
continued to advance Plaintiff’s claims. In a September 10, 2022, interview
with Sean Hannity, the host asked her “Why isn’t [Hillary Clinton] being
held accountable for what she did?” Ms. Habba’s response reiterated
misrepresentations on which this lawsuit was based:
Because when you have a Clinton judge as we did here, Judge Middlebrooks
who I had asked to recuse himself but insisted that he didn’t need to, he
was going to be impartial, and then proceeds to write a 65-page scathing
order where he basically ignored every factual basis which was backed up by
indictments, by investigations, the Mueller report, et cetera, et cetera,
et cetera, not to mention Durham, and all the testimony we heard there, we
get dismissed.
Not only do we get dismissed, he says that this is not the proper place for
recourse for Donald Trump. He has no legal ramifications.
Where what [sic] is the proper place for him? Because the FBI won’t help
when you can do anything, obstruct justice, blatantly lie to the FBI,
Sussmann’s out, he gets acquitted, where do you go?
That’s the concern for me, where do you get that -- that recourse?4 She
also indicated that, while Mr. Trump doubted the suit would succeed, she
nevertheless “fought” to pursue it: You know, I have to share with you a
story, Sean, that I have not
shared with anybody. The recourse that I have at this point is obviously to
appeal this to the 11th Circuit as Gregg said. But when
I brought this case and we were assigned you know, this judge and we went
through the recusal process, we lost five magistrates, including Reinhart
[sic] who’s dealing with the boxes as we know.
The former president looked at me and he told me, you know what Alina.
You’re not going to win. You can’t win, just get rid of it,
don’t do the case. And I said, no, we have to fight. It’s not right what
happened. And you know, he was right, and it’s a sad day for
me personally because I fought him on [it] and I should have listened, but
I don’t want to lose hope in our system. I don’t. So,
you know I’m deciding whether we’re going to appeal it.5 Defendants now
move to recover attorneys’ fees and costs under Fed. R. Civ. P. 11, 28
U.S.C. § 1927, the Defend Trade Secrets Act, and/or this Court’s inherent
power. (DE 280 at 1).
In Part II, I find that a sanction under this Court’s inherent power is
appropriate. I do so by examining Plaintiff’s (and his lawyers’) conduct
throughout this litigation. In Part III, I look to Plaintiff’s conduct in
other cases. And in Part IV, I determine the reasonableness of Defendants’
attorneys’ fees and costs.
1
0
“We’ve got to change the cost-benefit calculus of criminals and
nation-states who believe they can compromise U.S. networks, steal U.S.
financial and intellectual property, and hold our critical infrastructure
at risk, all without incurring any risk themselves...” (Wray 2020)
<https://sciwheel.com/work/citation?ids=10936531&pre=&suf=&sa=0>.
What organizational HR management techniques are required for an enterprise
to actively convince hundreds, if not thousands, of employees, clients and
customers to pursue their strategy while knowing it was fatally flawed?
---------- Forwarded message ---------
From: Gunnar Larson <g(a)xny.io>
Date: Sun, Dec 17, 2023, 8:56 AM
Subject: xNY.io CRYPTOBANK White Paper
To: <cypherpunks(a)cpunks.org>
https://docs.google.com/document/d/1aeK8X8-2KDZ8tQPN5ksaUCXcxH9tbjexsUbW1ol…
xNY.io
CRYPTOBANK
Table of Contents
Introduction 2
Focus, Goals and Objective(s) 3
Strategic Intent 4
Innovation Strategy 5
Pioneering Human Resources (HR) Management in Banking 6
The Bitcoin Blockchain, Human/Civil Rights and Computer Crimes 7
Goldman Sachs’ Organization HR Management Analysis (MoneyGram and Ripple) 8
www.JUMO.World and Banking Africa 9
Earth_ID: Because Owning Your Identity is a Human Right 10
CryptoBank Environmental Analysis 11
The NEXO.io Conundrum 12
The Fireblocks Conundrum 13
Computer Software and the Blockchain Platform 14
Virtual Currency: Computer Software Protocols and Processes 15
Bank.org: Revolutionary Approaches to Agile Innovation 16
Conclusion 17
Bibliography 19
Introduction
Crypto and Blockchain are each a Human Right.
For all, everywhere.
How does New York based bank fraud happen from the inside? People who
commit crimes comprise departments and divisions of corporate
organizations, and some current Human Resources (HR) management cultures
lend well to the committing of crimes.
What organizational HR management design structures are at play to
architectect such fraud for bespoke juristical instances?
Is there a unique opportunity for a fresh and clean New York-based
international bank such as Bank.org?
xNY.io argues that modern and innovative Executive Suites pioneer
organizational HR management with the CEO and CFO leading the pack as the
most ethical example for members in their organization. This key
distinction calls for leaders to always adhere to a very strict, yet
progressive, standard of ethics, even when it’s inconvenient.
World renowned executive Jack McCullough suggests strict adherence is
necessary, especially when it’s inconvenient. McCullough says that if
you’re seen as a CEO and CFO “who will compromise when convenient, this
approach will cause colleagues to consider all the talk about ethics to be
lip service” (McCullough 2019).
The leadership at xNY.io is clear-eyed, recognizing the importance of an
extensive review program which seeks to explore all aspects of the
following criteria as part of Legal, Compliance, and Governance (Bloomberg
2021), which is our internal due diligence framework based on first class
industry standards and best practices (xNY.io | Bank.org n.d.).
In summary, this HR management innovation essay outlines and explores three
key concerns for modern Bank and CryptoBank organizations. These concerns
are signaled by our regulators who rightly suggest that it is critically
important that the organizers identify, at the beginning of the process, an
available management team and board of directors (NY-DFS 2008):
The theory of modern virtual currency cross-border regulation logic (Larson
2020a).
How to protect xNY.io’s strategic partnership with Bank.org and its mandate
to pioneer innovation(s) and noble advancement of modern international
banking?
Whereas, it is essential to safeguard virtual currency and its potential to
galvanize international, economic and social advancement of all peoples
(United Nations 1948).
Most importantly, what organizational HR management structures are
necessary to execute the proposed xNY.io and hybrid model framework, while
engaging agile innovation to explore the potential of growing Bank.org into
the World’s Best Bank and headquartered in New York (NY-DFS 2019)?
Focus, Goals and Objective(s)
Why would a New York bank build organizational HR strategies with the sole
purpose of taking advantage of the most vulnerable for exorbitant profit?
xNY.io’s focus is to fill a need in clarifying New York’s virtual currency
standards to achieve progressive innovation while constantly promoting
respect for human rights and personal freedoms by progressive measures,
national and international, to secure their universal and effective
recognition and observance across all global territories of business,
protecting all peoples and all nations (United Nations 1948).
Our simple strategy rests in the fact that virtual currency has
cross-border utilities (European Commission 2021). Our real world
experience has uncovered the strategy of a New York bank's misemployed
Manhattan Island as a walled garden for bad HR management camps while
wrongfully profiting off of the back of the most vulnerable across global
markets (Law 360 2021). Our goal is to profit off the pivot from the
textbook definition of marketplace manipulation, discussed herein related
to the feasibility of automating stock market manipulation (Association for
Computing Machinery 2020).
The Supreme Court placed emphasis on the central role of deception to the
concept of fraud.“ (T)he words ‘to defraud’ . . . primarily mean to cheat,
. . . usually signify the deprivation of something of value by trick,
deceit, chicane, or overreaching, and . . . do not extend to theft by
violence, or to robbery or burglary.” (Hammerschmidt v. United States
1924).
Bank.org feels confident in our knowledge and our direct dialogue with over
100 of the world’s leading scholars on the subject of international law:
(Morris 2008)
The International Criminal Court investigates and punishes people for
genocide, crimes against humanity, and war crimes (Wikipedia 2021a).
The International Court of Justice, sometimes referred to as the World
Court, has two major functions. Firstly, it settles disputes, which the
member countries may bring before it. Secondly, it may give its opinions on
legal matters (Wikipedia 2021b).
The objective of xNY.io’s research essay summarizes the discussion of New
York bank organizations and the corresponding HR management architectures
designed to target maximizing profits through conscious marketplace
manipulation structures. The best xNY.io CryptoBank must be concerned with
pioneering a business beyond leveraging computer crimes, a marketplace
manipulation matter associated with current New York BitLicense
architecture and subject to our attention related to
cross-border/international organized groups that are cyber-based in New
York (Federal Deposit Insurance Corporation 1989).
Strategic Intent
Imagine trying to open the best bank in the world and running up against
BitLicense regulatory arbitrage (Poster 2019) just a few Manhattan blocks
away.
Composing a richly robust innovation strategy calls for a clear and honest
appraisal of current marketplace conditions and identifying the firm’s
current status. This requires xNY.io to not only be ambitious but also
extremely articulate in outlining our strategic intent. We see our key
competitive advantage in cleverley leveraging our vision cohesively with
all available resources and modern ideals of Bank.org.
Bank.org is aware that our uniqueness is very difficult for competitors to
imitate. In her book Strategic Management for Technological Innovation,
Mellissa Schilling suggests that the New York banking sector may be
characterized as an oligopolistic industry in that there is a low degree of
rivalry. Schilling explains that sometimes competitors choose to avoid
head-to-head competition as a price collusion tactic (Schilling 2019).
Being extremely clear and transparent, xNY.io's business models emphasize
taking advantage of our competitors who have designed global regulatory
abtrigatre frameworks at the expense of our customers (Buchak et al. 2017).
Bank.org's stakeholder analysis highlights that many New York banks have
ignored the ethical and moral implications of designing HR management
structures with the sole purpose of training employees to act as
footmen/footwomen in defrauding a global customer base. Furthermore, these
bad actors revel in the naivety of potential rivals and government
regulators as an operative procedure of HR management.
Through an analysis of the best agile innovation strategy for execution,
xNY.io and Bank.org have partnered to engage both backward vertical
integration AND horizontal integration techniques (Tarver & James 2021):
xNY.io is vertically integrating backwards by producing our own advanced
blockchain technology for global payments.
Bank.org aims to actively engage leveraged buyouts of competitor banks, a
practice that is considered horizontal integration (Kenton & James 2021).
>From the very beginning, xNY.io and Bank.org’s ethical and moral incentives
have been strategically integrated into a modern and innovative hybrid
infrastructure. Spanning key global functions including (but not limited
to) reserve management, international legal counsel, and public and
government affairs and relations, we consider ethics to be a quality
management concern. Honestly, the implications of our strategic intent are
derived from the morals of our founders who seek to efficiently secure the
smooth function of our cross-border operations.
Innovation Strategy
We recognize our competitors see modern innovation as merely improving
efficiency of obsolete legacy bank systems and processes to keep their
operations afloat. It is extremely troublesome that many New York bank HR
leaders’ modi operandi detail strategies of seeking new revenue channels
that target the most vulnerable across first to third world markets (Ripple
2013a).
As part of our ethical leadership agenda, articulating xNY.io’s strategic
intent enables the firm to incorporate our innovation practice into
Bank.org’s cross-border development and rollout. Capital investments are
required as part of a multidimensional performance architecture, along with
real-time systems and computational analyses.
Our honest deliberation and critical assessment of xNY.io’s strategic
intent and development of new computational technologies brought to light
the concern of competitors' engagement in computer crimes discussed in the
following section.
We recognize that true innovation goes beyond juvenile process
efficiencies. Our innovation strategy constantly anticipates the future by
recognizing where industry peers are failing today. This allows us to
identify and execute products and services that are better - extremely
better - than what the industry offers today.
Schilling notes that successful and innovative firms question existing
price performance assumptions. They attract customers by developing and
introducing products that extend well beyond current market requirements
and help mold the market’s expectations for the future (Schilling 2019).
This separates us from our competitors' desperate attempts to cut costs
rather than ethically addressing and improving their HR operations with
corresponding moral incentives.
Pioneering Human Resources (HR) Management in Banking
As international scholars (Mills 2006), our founders believe in the future
of virtual currencies and blockchain platform computer software. This
belief has been cultivated and nurtured by some of the most recognized
pioneers of the global blockchain industry (Bourne et al. 2018). We
consider virtual currency and blockchain technology to be precious,
appreciating assets with various growing benefits over the course of one’s
lifetime.
Rolling Stone profiles the New York bank JP Morgan Chase and the bank’s HR
management techniques, highlighting the conscious disregard of the ethical
and moral standards from Chase’s Executive Suite knowingly excited the
peddling of bad products stuffed with scratch-and-dent loans to investors
without disclosing the obvious defects of the underlying loans (Taibbi
2014).
Chase has repeated deal after deal with the same poor and fraudulent
organizational HR management methodology, as did many other banks. Rolling
Stone goes on to say, “It’s theft on a scale that blows the mind.”
New York banks and Silicon Valley technology firms have a long history of
not only challenging but actively attacking beliefs that virtual currency
and blockchain are innovative tools for means of payment and stores of
value, going so far as to launch an ever-popular campaign: “Bitcoin has no
value at all” (Torpey 2018).
It is safe to say that between New York and Silicon Valley, many
organizations, through their various HR management structures, have made
calculated efforts to kill the blockchain economy before it even got off
the ground (Al-Naji et al. 2018).
For example, New York, Europe and Africa are connected by a freeway of
cross-border arbitrage frameworks. Due to easily exploitable laws in
developing countries, some BitLicensees’ operations straddle New York,
Europe and Africa to evade detection and prosecution from law enforcement.
Through various HR management structures, New York banks have consciously
exacerbated regulatory loopholes resulting in virtual currency market
manipulation affecting international computer technology systems and
software such as the Bitcoin blockchain (Conway 2020).
Speaking generally, at least during the Bitlicense’s 2015-2020
implementation phase, New York banks likely leveraged the BitLicense
seeking to increase profits from cross-border virtual currency market
manipulation (Pettinger 2019).
The entire design for executing a loophole virtual currency standard only
comes into practice if a group of New York HR managers, at the direction of
the Executive Suite, puts together a scheme in secret to manipulate a bunch
of technical rules that laymen don’t understand to deprive people of their
money (Bagchi 2020).
>From the position of absolute and essential need of becoming a leading
international bank, Bank.org has no other choice than to pioneer a
necessary HR culture that supports our primary activities of operation. It
is true that xNY.io came into existence as a tech-based response to the
stated problems that specifically addresses both the threats of future
damage and the current cross-border computer crime merry-go-round
responsible for extortionate damage already inflicted.
“We’ve got to change the cost-benefit calculus of criminals and
nation-states who believe they can compromise U.S. networks, steal U.S.
financial and intellectual property, and hold our critical infrastructure
at risk, all without incurring any risk themselves...” (Wray 2020).
The Bitcoin Blockchain, Human/Civil Rights and Computer Crimes
Bank.org is wise to objectively research and strategically organize its HR
leadership position as a pioneer, in comparison to current New York bank
management structures. Given that honest and fair dealing of virtual
currency is critical to blockchain technology, should admitted felons and
serial miscreants (Martens & Martens 2020) be allowed to further expand
their racket via global regulatory arbitrage and/or computer crimes?
Satoshi Nakamoto’s Bitcoin whitepaper states, “What is needed is an
electronic payment system based on cryptographic proof instead of trust,
allowing any two willing parties to transact directly with each other
without the need for a trusted third party” (Nakamoto 2008).
New York State Human/Civil rights laws are applicable internationally. “If
a resident person or domestic corporation violates any provision of this
article by virtue of the provisions of this section, this article shall
apply to such person or corporation in the same manner and to the same
extent as such provisions would have applied had such act been committed
within this state except that the penal provisions of such article shall
not be applicable” (N.Y. Executive Law 2019).
Congress amended the definition of “protected computer” to make clear that
this term includes computers outside of the United States so long as they
affect interstate or foreign commerce or communication of the United
States. This change addresses situations where an attacker within the
United States attacks a computer system located abroad. This change also
addresses situations in which individuals in foreign countries route
communications through the United States with intent to extort from any
person any money or other item of value, transmitted via interstate or
foreign commerce (U.S. Congress 2002).
Courts have interpreted expansively to define not only schemes to defraud
individuals of money or property, but also schemes to defraud individuals
of intangible interests and rights. Additionally, both mail and wire fraud
statutes have been expanded to include schemes to deprive individuals of
“honest services” (Eltringham 2015).
What organizational HR management techniques are required for an enterprise
to actively convince hundreds, if not thousands, of employees, clients and
customers to pursue their strategy while knowing it was fatally flawed?
Goldman Sachs’ Organization HR Management Analysis (MoneyGram and Ripple)
MoneyGram, which has about 227,000 global money transfer agent locations in
191 countries and territories, was recapitalized in 2008 (same year of
Bitcoin's whitepaper). Goldman Sachs acquired an equity interest of 63
percent in MoneyGram for about $710 million. Per the 2008 agreement,
MoneyGram also received $500 million in debt financing from Goldman Sachs
(Cordeiro 2011).
Walmart is the only MoneyGram agent, for both the Global Funds Transfer and
Financial Paper Products segments, that accounts for more than 10% of
revenue. In 2020, Walmart accounted for 13% of total MoneyGram’s revenue
and 16% in 2019 and 2018. Goldman Sachs (Investor) has a Participation
Agreement with Walmart Inc. (Walmart) under which the Investor is obligated
to pay Walmart certain percentages of any accumulated cash payments
received by the Investor in excess of the Investor's original investment in
the Company (MONEYGRAM INTERNATIONAL INC 2021).
In 2016, Ripple received New York’s First NY-DFS BitLicense for an
Institutional Use Case of Digital Assets (Larsen 2016). Shortly after being
NY-DFS accredited, Ripple announced it was teaming up with MoneyGram to
test payments using Ripple’s xRP virtual currency. During this time, Ripple
was making headlines as the xRP digital currency had surged — and fallen —
dramatically (Browne 2018). Soon after, Ripple announced a $50 million
investment in MoneyGram snagging a 10% equity stake in the firm. Brad
Garlinghouse, Ripple’s CEO, added that his firm would support MoneyGram’s
“further expansion” into the European and Australian payment corridors (De
2019).
Connecting the dots, MoneyGram is now one of the most expensive transfer
providers (Tierney 2019) on planet Earth. Customers incur fees for postal
mail, telephone calls, electronic mail, and other computerized messaging
services.
Computer crimes as a threat are no less of a threat because it is
contingent, because the speaker does not intend or is unable to carry it
out when the threat was not directly communicated to the MoneyGram customer
as a target, or because the language used might be considered cryptic or
ambiguously not part of the current New York BitLicense mandate.
Ripple simply made MoneyGram’s business more efficient, thus accruing more
profits for Goldman Sachs directed out of Manhattan. From 2019 - 2020,
MoneyGram received more than $40 million in market development fees from
Ripple Labs in return for providing liquidity to its On-Demand Liquidity
(ODL) network. It can be calculated that 10%-15% of the proceeds came from
Walmart customers, who are some of the most disenfranchised Americans
financially.
Over the last five years, through conscious organizational HR management,
Goldman Sachs created layer upon layer of New York BitLicense-related
disguises and cross-border systems under potential conspiracy and plausible
deniability to computer crimes and marketplace manipulation. Goldman Sachs'
various direct and/or indirect BitLicensee connections profit daily from
virtual currency market manipulation computer crimes with cross-border
reach, operating as a large syndicate group from lower Manhattan.
www.JUMO.World and Banking Africa
What is astonishing is that Ripple is powering some of JUMO’s bank
customers (Ripple 2020), in a troublesome manner similar to MoneyGram.
New York banks have a long and profitable history of exploiting regulatory
arbitrage. Similar to the MoneyGram instance, some evidence shows that
Goldman Sachs also seems to have entered Africa. Given that several
enforcement actions and lawsuits in the United States specifically targeted
banks’ treatment of minority borrowers (Taibbi 2014), it may not be
surprising to learn of www.Jumo.World or “JUMO” (Buchak et al. 2017).
A domain extension, in this case “.World” domain, is the targeted subject
area of a computer program. It is a term used in software engineering
(Wikipedia 2021):
During the fourth quarter of 2018, JUMO successfully finalized a $65
million capital raise that was led by Goldman Sachs in New York. JUMO is a
full technology software stack for building and running financial services,
targeted at the world’s most disadvantaged populations.
Today, JUMO operates across numerous African markets including Tanzania,
Ghana, Zambia, Kenya, Uganda, and most recently in Pakistan, with plans to
expand further across the sub-continent.
Since its launch in 2014, more than 15 million people have saved or
borrowed on the JUMO platform, with over $1.6 billion in funds disbursed to
customers. Nearly 70% of JUMO’s customers are micro and small business
owners.
JUMO targets the unbanked population across several emerging and developing
markets. A variety of JUMO’s partnerships with leading banks and mobile
network operators creates a marketplace where consumers can access
financial services and banks can access a new pool of mobile money
customers (Vostok Emerging Finance Ltd 2020).
Given the regulatory environment in Africa, it could be suggested that from
New York, Goldman Sachs and Ripple’s organizational HR management
structures once again aim to profit from some of the most vulnerable of the
human population.
Earth_ID: Because Owning Your Identity is a Human Right
The modus operandi of JUMO’s business is a type of malicious bank software
designed to encrypt or otherwise block access to valuable data (e.g.
Digital Identity) until the victim agrees to provide a specified payment.
The population of the African continent is approximately 1.2 billion
people. Imagine a whole continent of people with no proof of identity and
therefore no chance of having access to financial services, economic
opportunities, or formal employment. These are basic services that are
taken for granted and sadly are all too often denied to so many in our
world today. Many countries in Africa lack the necessary means to establish
and maintain basic systems of identity management, such as the registration
of births, especially for the rural poor and underprivileged (Plumer et al.
2020).
Earth_ID has plans to pilot the launch of it’s decentralized digital
identity platform in collaboration with University of Nicosia’s (UNIC) very
own African Partner, UNICAF. UNICAF has a physical presence on eleven
campuses throughout Sub-Saharan Africa. We welcome the students and staff
of UNICAF to be Earth_ID’s very first adopters, community leaders and
validators in trust to our decentralized identity solution. Goldman Sachs
from New York is a lead investor in UNICAF (Chege 2018).
According to the United Nations Digital Solutions Centre, the creation of a
unique personal United Nations ID (Earth_ID) using blockchain technology,
which is portable across organizations (Dumitriu 2020).
The proposal foresees that every United Nations organization could become a
trusted authority writing information onto the blockchain. The
organizations could run their own nodes separately, while the system will
ensure scalability and interoperability.
The Inspector recommends that the executive heads of the United Nations
organizations support the creation of a United Nations digital ID. This
will have multiple long term positive consequences in terms of saving time
and resources, facilitating staff mobility in allowing certification and
recognition of their knowledge and skills, reducing bureaucracy, and
enhancing system-wide coherence.
The descriptive definition of regulatory arbitrage suggests that New York
banks’ organizational HR management, with direction from the Executive
Suite, seeks to saturate lending to markets with more minorities and worse
socioeconomic conditions (Buchak et al. 2017).
CryptoBank Environmental Analysis
How can xNY.io innovate from underdogs to elite high performers, becoming
the best in the world?
xNY.io - CryptoBank wants to create the best World Crypto Bank known to
humanity, and we plan to do that expeditiously in 40+ countries and fiat
currencies. xNY.io has a problem: We are displeased with Ripple powering
customers like MoneyGram, Santander Bank and the other 300+ banking
customers. Our frustrations hinge on Ripple seeming to be propping up the
same bad banks that more or less rival Bitcoin's entire mission (Larson
2020b).
Furthermore, instead of putting the MoneyGram and other bad traditional
banks out of business, Ripple is looking to profit off of cross-border
payment startups similar to our best World Crypto Bank (Ripple 2013b).
Market segmentation determines groups of customers with common needs and
wants. All over the world, young people strive to make money. Those who are
at the beginning of the life road plan to grow financially. The
high-interest rate of xNY.io deposit accounts will help customers make
desirable choices for healthy and prosperous financial futures. Moreover,
geographically, xNY.io has a keen focus to improve banking in developing
countries on the African continent to help deprived people obtain the
rights of digital identity and interdependent modern bank accounts with
innovative products and services.
Digital asset trading platforms like NEXO.io in Europe powered by
Fireblocks in New York hop from more regulated jurisdictions to less
regulated or unregulated countries, leading to so-called regulatory
arbitrage or currency speculation (Pettinger 2019).
NY-DFS and FDIC regulators have more trouble detecting and blocking illicit
digital asset flows as virtual currency transactions are diverted away from
compliant regulated Fireblocks in New York to unregulated trading gateway
venues and peer-to-peer protocols that are directly against NY-DFS’
BitLicense mandate (FTI Consulting 2021).
The chain of financial service providers includes several intermediaries,
each drawing their own commission against the services provided. These
operating principles date several years back, and it is difficult to make a
paradigm shift from this existing operational hierarchy. This constraint is
being utilized by middlemen and the established market players. Financial
conglomerates use their supremacy, as well, to make sure their operations
continue unchallenged. The industry generally fails to serve a sizable part
of the community and this gap can only be bridged by new players. However,
the strong market hold of the established players makes it seemingly
difficult for innovators to contribute.
The NEXO.io Conundrum
Our role model for creating the best World Crypto Bank is NEXO.io. While
Ripple's business of leveraging digital currency and blockchain technology
is disheartening, the great success of NEXO's crypto bank and card is
impressive. Case in point, NEXO's token and overall business solution is a
better example (Trenchev 2018).
NEXO is a great example for our best World Crypto Bank' but is funded by
Goldman Sachs (Roony 2018), Which could be argued to be worse than Ripple.
Goldman's blockage of crypto/blockchain development in the United States
(U.S. Congress 2002) and Digital Identity in Africa (Plumer et al. 2020)
cannot be overlooked.
While Ripple is supporting the bad behavior of MoneyGram and other
traditional banks with cards, NEXO is just the best bad version of Ripple
funded by Sachs. Both are probably gaming the digital currency market and
global blockchain innovation, and possibly humanity as a whole.
Obviously, NEXO could get into trouble for operating an unregulated bank
fast (Jennings 2018):
Moreover, NEXO is, at various levels, illegal in the United States where
the federal government regulates most banks (NEXO 2019). For example, in
New York, some of the NEXO token benefits are forbidden by NY-DFS
(Sokolowski 2021) .
Nexo doesn't have a Bitlicense, but they still operate in New York
(u/zylstrar 2019). New York State Attorney General Letitia James has made
it clear that virtual currency firms must abide by the BItLicense or risk
being shut down (Sharma 2021).
Additionally, United States authorities could force NEXO to offer Federal
Deposit Insurance Corporation (FDIC) insurance on its accounts (Buchak et
al. 2017) .
It could be argued that Ripple (xRP) and NEXO.io (NEXO) built entire global
operations as direct/indirect BitLicensees with intent to profit from
various cross-border computer crimes such as market manipulation while
being partially funded and/or directed out of New York (U.S. Congress 2002).
However, NEXO operates like a bank. To explain, clients put cryptocurrency
in a wallet, borrow against it and receive funds through the NEXO wallet.
NEXO claims it can tap some huge markets that include crypto investors,
crypto miners, and hedge funds. Hence, NEXO looks like an investment bank.
Tellingly, NEXO looks a great deal like Goldman Sachs’ Marcus platform. For
example, both NEXO and Marcus offer loans and savings accounts.
The Fireblocks Conundrum
A few blocks south of Times Square in New York City, Fireblocks (Google
Maps 2021) powers the global operations of NEXO.io headquartered in Europe.
The CEO of Fireblocks has discussed his firm's $135 million investment led
by BNY Mellon and others: “‘While we have no plans to become a bank, we
believe our infrastructure will lend itself perfectly to power an entirely
new era of financial services,’ Shaulov added. ‘Developing products to
bridge digital and traditional assets is foundational to the future of
custody.’ Roman Regelman, BNY Mellon’s asset servicing CEO and digital head
said, ‘Following significant due diligence and market research, we
recognize Fireblocks as a market leader in providing secure technology to
support digital asset services’” (Shome 2021).
As previously noted, New York, Europe and Africa are connected by a freeway
of cross-border arbitrage frameworks. Due to easily exploitable laws in
developing countries, some BitLicensees’ daily operations straddle New
York, Europe and Africa to evade detection and prosecution from law
enforcement (Larsen 2016).
The Financial Action Task Force (FATF) identifies the “Travel Rule,” also
known as “Regulatory Arbitrage,” as a stand-out concern that is perhaps the
most glaring example of the lack of global harmonization of policies
designed to combat illicit financial flows in the crypto markets.
Fireblocks in New York powering the European based NEXO.io’s Global
CryptoBank (Metodiev 2020) operations at worst fueled a black-market
financial system and at best purposely and deliberately existed outside of
the NY-DFS BitLicense and bank industry regulations (Cyber Digital Task
Force 2020).
Fred Ehrsam, co-founder and managing partner at Paradigm (Ehrsam 2021), is
a lead investor in Fireblocks where he also serves as a board member.
Previously, Ehrsam co-founded Coinbase, the largest cryptocurrency company
in the US, and held the role of president from 2012 to 2017. Ehrsam
purchased his first Bitcoin in 2011 and has been an angel investor in some
of the space’s most formative companies. Prior to Coinbase, Ehrsam was a
foreign exchange trader at Goldman Sachs in New York. Ehrsam holds a B.S.
in Computer Science and Economics with honors and departmental distinction
from Duke University (Fireblocks 2020).
Computer Software and the Blockchain Platform
International Business Machines Corporation (IBM) is one of the world’s
largest computer firms and is headquartered in New York (Wikipedia. 2021).
IBM distinguishes the blockchain platform technology as computer software
(International Business Machines Corporation (IBM) 2021). Given IBM’s modus
operandi, it could be concluded that the Bitcoin blockchain is also
computer software.
Yet, New York banks can use those same innovations for their own
illegitimate ends, imposing great costs on the public. Today, few
technologies are more potentially transformative and disruptive—and more
potentially susceptible to abuse—than virtual currency (Cyber Digital Task
Force 2020).
Virtual currency fraud is a serious problem for such a developed country as
the United States, whose bank regulators have drawn attention to the
increase of these crimes. Having discovered that an unregulated virtual
currency sphere (such as in Africa, or other developing markets) is very
popular among virtual currency fraudsters (Prior 2020), the SEC has alluded
that this kind of regulatory arbitrage fraud was concerning (U.S.
Securities and Exchange Commission (SEC) n.d.).
An uncoordinated regulation can potentially have a stifling effect by way
of creating inconsistent regulatory requirements on top of increased
compliance costs to the industry.
Virtual Currency: Computer Software Protocols and Processes
The Internal Revenue Service (IRS) classifies virtual currency such as
Bitcoin as a computer software code. For example, Bitcoins counted at 21
million corresponds to a specific number of mining rewards that can be
given, and this is all written into a code (Yamalis 2018).
xNY.io’s key definition of virtual currency computer crimes is a consistent
message across markets. These crimes are relatively new, having been in
existence for only as long as Bitcoin has, which explains how unprepared
society, and the world in general, is towards combating these crimes
(Larson 2021a) .
Technological innovation and human flourishing are complementary concepts,
but the former does not guarantee the latter. Good public policy along with
ethical CEOs and CFOs at New York banks operating international HR
management organizations pioneer innovation of such policy (Eltringham
2015).
Marketplace manipulation and virtual currency regulatory arbitrage
undoubtedly stifles innovation and human flourishing. The absence of
protection under the law can endanger progress across both dimensions. It
takes careful consideration, and a deep and ongoing immersion in the facts,
to understand when and how law should intervene (FTI Consulting 2021).
Even in societies where transformative scientific and technological
advancements are achievable, ethical and moral CEOs and CFOs play a
critical mediating role. In the wrong hands, or without appropriate
safeguards and oversight, these advancements can facilitate great human
suffering.
Keeping all this in mind with a positive/optimistic attitude, a series of
smart and calculated leveraged buyouts can innovate beyond New York banks’
cross-border computer crime(s) such as (Prior 2020):
Conspiracy to Commit Fraud and Related Activity in Connection with Computers
Conspiracy to Commit Wire Fraud
Intentional Damage to a Protected Computer
Transmitting a Demand in Relation to Damaging a Protected Computer
The U.S. government could appropriately assert jurisdiction over such
offenses anywhere in the world, consistent with due process, under the
principle of protective jurisdiction. That principle holds that, “[F]or
non-citizens acting entirely abroad, a jurisdictional nexus exists when the
aim of that activity is to cause harm inside the United States or to U.S.
citizens or interests” (Cyber Digital Task Force 2020).
Bank.org: Revolutionary Approaches to Agile Innovation
A prerequisite to protecting our future customers' lifelong returns and
Bank.org’s profits calls for Bank.org’s engagement of agile innovation in
manufacturing new and revolutionary approaches to international banking
from our New York headquarters.
The key aim of the Bank.org endeavor, and our primary goal, is to attain
the legitimate financial inclusion and economic prosperity of all people,
including the excluded, under-privileged and under-served. Bank.org is
taking advantage of the New York banking industry at a crossroads. On the
one hand, digital banking services are rising to the forefront and drawing
increasing interest from customers. On the other, brick-and-mortar banking
remains an important way to connect with customers on a local and personal
level.
Bank.org intends to be a true borderless enterprise serving customers in
over 200 jurisdictions and 40+ fiat and virtual currencies.
Bank.org has the luxury of an opportunity to be fresh, clean and pure in
comparison to many of our legacy “multiple felon” bank peers directing
global operations out of New York.
Citibank has become the latest bank to be sued by a British currency
investment firm over allegations that its traders manipulated foreign
exchange markets for profit. Furthermore, expanding litigation accuses the
company of trade front-running.
Bank.org’s scope as an international bank engages xNY.io to lead our
virtual currency innovation practice. xNY.io is a pioneering instrument to
elegantly complement Bank.org’s international bank operations.
The best bank in the world has energy to pioneer relentless HR innovation
with passion to create those means, build those processes and those systems
that will facilitate inclusive solutions to those problems which rob so
many of a chance to realize their goals and achieve their full potential.
Bank.org’s barriers to global market penetration include government(s) that
sponsor our peers who historically do not factor in the social benefits of
bank competition or of effective natural monopoly regulation of global New
York firms like Goldman Sachs. That is, regulators may grant licenses to
firms that are operating at a high level as state firms and so appear
valuable to private markets. This experience is supported by Bank.org’s
analysis and vision of the best performing global online institutions
(versus money center banks), which shows the principle in practice.
Conclusion
2021 in New York now brings us to cooperation versus competition and
rationality versus altruism. As with many situations in real-life, the
games are often not zero-sum, but by cooperative efforts all players can be
better off (Larson 2021b).
In 1973, John Maynard Smith presented an idea explaining game theory and
how alpha culture exists in societies. Maynard’s hypothesis asked you to
imagine a world with doves and hawks. If there would be only hawks, their
fights would be devastating to their population. If there would be only
doves, they would be susceptible to any intruders, therefore such a
population would also not be stable. But the right combination of hawks and
doves would be evolutionarily stable (Smith & Corbin 1973).
We witness again and again that US American enterprises (aka New York
Banks), in particular, are being built by one or two supposedly shiny
figures (CEO or CFO) who have questable ethics and morals.
The qualitative effect on organizational HR Management is an Executive
Suite that assembles subpar teammates around him or her.
The firms focus on the growing experience and network of that single person
and are closely associated with the individual’s character. Business
relationships are being entered and trust being built with that individual
rather than the firm as an institution.
Startup companies like xNY.io and Bank.org that dare to explore more novel
approaches and non-hierarchical structures, though, show successes, as do
larger organizations formalizing and adopting respective strategies.
However, within the New York banking community with its various regulators,
there appears to be a window of opportunity for smart innovation.
Anecdotal observations yet again identify the root cause in the vast
multidisciplinary nature of the domain, and in the all-so-technical
backgrounds of its protagonists where Executive Suites and organizational
HR managers cling to their old habits while placing less importance on
innovation and executing modern organizational insights bank wide.
Behavioral and organizational research impressively underline a very simple
“game,” in which the conditions for survival (be nice, be provocable,
promote mutual interest) seem to be the essence of ethics and morality.
While this does not yet amount to a science of ethics or morality, the game
theory approach has clarified the conditions required for the evolution and
persistence of cooperation, and shows how Darwinian natural selection can
lead to complex behavior, including notions of morality, fairness, and
justice, beyond alpha culture.
In the 1980s, Professor of Political Science Robert Axelrod ran a
tournament inviting strategies from collaborators all over the world.
Axelrod found that the winning strategy that performed the best overall
(not in every game, but on average), was “Tit-for-Tat,” also called
look-back strategy or reciprocal altruism. It worked simply by starting the
first iteration with cooperation, then looking back at the opponent’s last
move and copying it in the next iteration (Axelrod 1980).
In summary, the best strategies were found to have these surprising
properties:
Be nice – don‘t be the first to defect.
Be provocable – return actions, both in retaliation and forgiveness.
Don‘t envy – don‘t focus on beating the opponent, but on maximizing your
own score.
Don‘t be tricky – anytime you try to exploit the opponent, you will
provoke revenge.
Bank.org is happy to make ethically sound risks to aggressively protect our
future customers' returns and our firm’s bottom line. The assumption our
competitors have is that historically New York banks’ CEOs and CFOs do not
engage the strategic roadmaps offered by a new aggressive market entrant
such as the xNY.io and Bank.org.
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1
0
...
---------- Forwarded message ---------
From: Gunnar Larson <g(a)xny.io>
Date: Wed, May 29, 2024, 6:42 AM
Subject: Fwd: Funding partnership with CLientEarth
To: <cypherpunks(a)cpunks.org>
Back in May 2022, xNY.io - Bank.org reached out to ClientEarth.org.
Now in May 2024, between UN.org, WorldBank.org and ClientEarth.org, today
it is evident that xNY.io - Bank.org is light-years ahead of our peers.
We will engage our position in global makets for good for all nations and
peoples.
Gunnar
---------- Forwarded message ---------
From: Support Us <supportus(a)clientearth.org>
Date: Tue, May 3, 2022, 10:12 AM
Subject: RE: Funding partnership with CLientEarth
To: Gunnar Larson <g(a)xny.io>
Dear Gunnar.
Thank you for wanting to reach and connect with ClientEarth.
Unfortunately the team you would need to connect with do not currently have
capacity at this time.
They will keep your details on file for future and can hopefully connect at
a later date.
Best wishes.
*Kriss Atkin*
Development Administration Assistant
[image: ClientEarth_lockup_black]
t. +44(0)303 050 5991
ClientEarth, The Joinery, 34 Drayton Park, London, N5 1PB
[image: cid:image004.png@01D65A06.292F2EF0]
*Website* <https://www.clientearth.org/>* | **Facebook*
<https://www.facebook.com/ClientEarth>* | **Twitter*
<http://www.twitter.com/clientearth>* | **Instagram*
<https://www.instagram.com/clientearth_/?hl=en>* | **LinkedIn*
<https://www.linkedin.com/company/clientearth>
*From:* Gunnar Larson [mailto:g@xny.io]
*Sent:* 28 April 2022 13:29
*To:* Support Us <supportus(a)clientearth.org>
*Subject:* Re: Funding partnership with CLientEarth
Dear Kriss:
Thank you for reaching out.
Bank.org is working on a project similar to your Shell board dispute. We
wanted to reach out and introduce ourselves.
Would there be a good time to connect?
Thank you,
Gunnar
--
*Gunnar Larson - xNY.io <http://www.xny.io/> | Bank.org <http://bank.org/>*
MSc
<https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…>
-
Digital Currency
MBA
<https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…>
- Entrepreneurship
and Innovation (ip)
G(a)xNY.io
+1-646-454-9107
New York, New York 10001
On Thu, Apr 28, 2022 at 5:35 AM Support Us <supportus(a)clientearth.org>
wrote:
Dear Gunnar,
Thank you so much for getting in touch, we are so grateful that you would
like to know more about partnering with ClientEarth.
We really appreciate your request, if you can send us details of your
proposal we would love to review in line with our corporate partnership
policy. Once we have reviewed this opportunity we will contact you again
regarding your donation.
Please do feel free to let us know of your latest environmental policy or
if your company currently holds any environmental ISO certificates, as this
would greatly expedite our review process.
As you know, ClientEarth works to stop climate change and pollution,
protect and restore habitats, wildlife and natural resources, as well as
empowering people and promoting the rule of law.
If you would like to find out more about our work, you can find the latest
news on our website <https://www.clientearth.org/> or you can sign up to
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Please contact me if you have any further questions or queries and I will
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Best wishes.
*Kriss Atkin*
Development Administration Assistant
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t. +44(0)303 050 5991
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https://www.bloomberg.org/environment/protecting-the-oceans/bloomberg-ocean…
Conserving Coral Reefs
The world’s ocean is facing dire threats — and coral reef ecosystems are on
the frontlines. Unrestrained tourism, declining water quality, and
overfishing continue to endanger coral ecosystems but climate change has
become their biggest threat. Even with drastic emission reductions, most of
the world’s corals could still vanish by mid-century. But there’s hope:
climate resilient corals have been found around the world. Reducing
emissions in line with the Paris Agreement, and managing local pressures on
resilient reefs, allows these reefs to thrive and replenish neighboring
reefs – ensuring the long-term survival of our world’s coral reefs.
Coral reef ecosystems around the globe are likely to disappear by 2050 if
the goals of the Paris Agreement are not met.
Even with drastic emission reductions to ensure we keep warming within
1.5ºC above pre-industrial levels, 70-90% of the world’s corals could still
vanish by mid-century, leaving only remnants of the reefs we see today.
About Bloomberg Ocean Initiative Coral Reef Conservation
In 2018, the 50 Reefs study, a key pillar of our coral reef conservation
program, identified a global portfolio of the world’s coral reefs that are
the most likely to survive climate change. Managing local pressures, like
water pollution and overfishing, on these reefs is critical to their
survival. The Bloomberg Ocean Initiative uses the science of the 50 Reefs
study to guide our approach to protecting coral reefs, working with
partners Rare, the Wildlife Conservation Society (WCS), and others to
advance on-the-ground conservation projects to protect these climate
resilient coral reefs.
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UK Financial Watchdog Launches First Ever Climate Investigation - Bloomberg - Revelation follows ClientEarth freedom-of-information request
by Gunnar Larson 20 Jun '24
by Gunnar Larson 20 Jun '24
20 Jun '24
- Revelation follows ClientEarth freedom-of-information request
https://www.bloomberg.com/news/articles/2024-06-20/uk-financial-watchdog-la…
Britain’s financial watchdog has launched its first ever investigation of a
company on climate-related grounds.
The Financial Conduct Authority, which didn’t identify the company by name,
made its probe known in response to a freedom of information request filed
by ClientEarth, a nonprofit that successfully sued the UK government over
its climate stance in 2022. The FCA said the case was opened in July last
year.
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Plane Not 'Lost' In $15M Stranded Jet Row, Chubb Says
<https://www.law360.co.uk/financial-services-uk/articles/1848140?nl_pk=a94fc…>
By Joel Poultney
Chubb European Group SE has said it is not liable for $14.7 million claimed
by the Irish wing of a U.S. aircraft leasing company to cover the claimed
loss of a plane stranded in Russia because the insurer says it is not
actually lost.
Read full article »
<https://www.law360.co.uk/financial-services-uk/articles/1848140?nl_pk=a94fc…>
| Save to favorites »
<https://www.law360.co.uk/financial-services-uk/articles/1848140?nl_pk=a94fc…>
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