---------- Forwarded message ---------
From: Gunnar Larson <g@xny.io>
Date: Wed, Jun 28, 2023, 2:14 AM
Subject: Re: NY-DFS Proposed Guidance on Character and Fitness (Extension Appeal)
To: <kathleen.scott@dfs.ny.gov>
Cc: <BankingComments@dfs.ny.gov>, <cypherpunks@cpunks.org>


Ms. Scott: 

Additionally, xNY.io - Bank.org respectfully submits Coinbase's Brian Armstrong on Bloomberg.com: https://www.bloomberg.com/news/videos/2023-01-12/the-david-rubenstein-show-coinbase-s-brian-armstrong as a matter for public  comment for NY-DFS' "Proposed Guidance on Character and Fitness." 

The Bloomberg interview with Coinbase showed top journalistic integrity, yet, Coinbase failed to mention any NY-DFS investigation or pending action. The interview aired last December, before the 100M Coinbase settlement was announced by NY-DFS concerning Coinbase's BitLicense compliance. 

NY-DFS' approach to Coinbase and Goldman Sachs (who took Coinbase public) share independent insider trading scenarios that could disrespect the United States Department of Justice, Criminal Division, Fraud Section and Money Laundering and Asset Recovery Section compliance programs.  

We have collated 34 highlights that describe a corporate opportunity policy framework to gauge character and fitness of the "first Bitcoin loan" backed by a New York banking institution here:  https://drive.google.com/file/d/1Yx88RMoeLyyfbNK0RtPl4r-m8N21_1Sp/view?usp=drivesdk. 

Per point one of NY-DFS' "Suggested Questions to Facilitate Initial and Ongoing Assessment of Designated Persons’ Character and Fitness," can you kindly acknowledge that you have reviewed and understand our appeal seeking extension for public comment to August 5, 2023? 

We feel extra time for public comment is warranted to ensure that xNY.io - Bank.org did not play a significant role or otherwise contribute in a meaningful way to the conduct that led to regulatory action or proceeding without ample notice. 

Thank you,

Gunnar 

On Wed, Jun 28, 2023, 12:04 AM Gunnar Larson <g@xny.io> wrote:
Ms. Scott:

NY-DFS recently asked for public comment concerning "Proposed Guidance on Assessment of the Character and Fitness of Directors, Senior Officers, and Managers" mentioned here: https://www.dfs.ny.gov/industry_guidance/industry_letters/il20230509_guidance_assessment_fitness. 

xNY.io - Bank.org asks if the NY-DFS will extend deadline for public comment to August 5, 2023 from June 30, 2023.

As requested by NY-DFS, today we provide (in a separate attachment) evidence of any documented exceptions to compliance with the "Suggested Questions to Facilitate Initial and Ongoing Assessment of Designated Persons’ Character and Fitness."

We have collated 19 references comprising 205 highlights that touch on the five key areas below: https://drive.google.com/drive/folders/1FTRRFFhQHDxf-oR9WOZz0a2gRtC9ZWVO. 

-Harassment and Discrimination Policies

-Conflict of Interest Policy

-Insider Trading Policy

-Records Management Policy

-Corporate Opportunity Policy

xNY.io - Bank.org is seeking NY-DFS' extension for public comment to August 5, 2023 so that the New York Banking community has time to complete Q2-23 earnings call disclosures. 

As documented in the above 19 references, we feel extra time for public comment is warranted to ensure that xNY.io - Bank.org did not play a significant role or otherwise contribute in a meaningful way to the conduct that led to regulatory action or proceeding without ample notice. 

Per point one of NY-DFS' "Suggested Questions to Facilitate Initial and Ongoing Assessment of Designated Persons’ Character and Fitness," can you kindly acknowledge that you have reviewed and understand our appeal seeking extension for public comment to August 5, 2023? 

We hope to hear from you before June 30, 2023 given obvious factors. 

Sending you the very best regards. 

Thank you,

Gunnar 

--
Gunnar Larson 
xNY.io | Bank.org
MSc - Digital Currency 
MBA - Entrepreneurship and Innovation (ip)

G@xNY.io
+1-917-580-8053 
New York, New York 10001