Ms. Scott:

May we please resolve the conflicts associated?

Gunnar 


On Wed, Jul 5, 2023, 11:32 AM Scott, Kathleen (DFS) <Kathleen.Scott@dfs.ny.gov> wrote:

Dear Mr. Larson

The Department has not extended the deadline on comments on the proposed Character and Fitness guidance.

Very truly yours

Kathleen Scott

 

From: Gunnar Larson <g@xny.io>
Sent: Sunday, July 2, 2023 6:38 AM
To: Scott, Kathleen (DFS) <Kathleen.Scott@dfs.ny.gov>
Cc: cypherpunks@cpunks.org; Tomczak, Christine (DFS) <christine.tomczak@dfs.ny.gov>; Harris, Adrienne A (DFS) <Adrienne.Harris@dfs.ny.gov>; letitia.james@ag.ny.gov; dfs.sm.BankingComments <BankingComments@dfs.ny.gov>
Subject: Re: NY-DFS Proposed Guidance on Character and Fitness (Extension Appeal)

 

You don't often get email from g@xny.io. Learn why this is important

ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails.

 

Dear Ms. Scott:

 

Today xNY.io - Bank.org asks NY-DFS to please reconsider deadline 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 evidence of any documented exceptions to compliance with the "Suggested Questions to Facilitate Initial and Ongoing Assessment of Designated Persons’ Character and Fitness."

 

As Ms. Tomczak can confirm, xNY.io - Bank.org has a FOIL Request No. 2022-090560 - Larson (NY-DFS Apple Card Investigation) appeal pending since October 13, 2022. 

 

This last Friday, Bloomberg reported, "Goldman Sachs Is in Talks to Exit Apple Partnership, WSJ Says"  https://www.bloomberg.com/news/articles/2023-06-30/goldman-sachs-is-in-talks-to-exit-apple-partnership-wsj-says.

 

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.

 

Furthermore, xNY.io - Bank.org has 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  

 

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 'third' appeal seeking extension for public comment to August 5, 2023? 

 

Sending you the very best from Chelsea.

 

Thank you,

 

Gunnar 

 

--

Gunnar Larson 

xNY.io | Bank.org

MSc - Digital Currency 

MBA - Entrepreneurship and Innovation (ip)

 

+1-917-580-8053 

New York, New York 10001

 

On Fri, Jun 30, 2023, 7:02 PM Gunnar Larson <g@xny.io> wrote:

Dear Ms. Scott:

 

Thank you for your response. 

 

Wishing you a great weekend ahead. 

 

Gunnar

 

Gunnar Larson 

xNY.io - Bank.org 

917-580-8053 

 

On Fri, Jun 30, 2023, 4:59 PM Scott, Kathleen (DFS) <Kathleen.Scott@dfs.ny.gov> wrote:

Dear Mr. Larson,

 

The Department has reviewed your request and at this time is not extending the deadline for comment on the proposed guidance. 

 

For the avoidance of doubt, please note that the proposed guidance is not asking anyone to complete the sample questionnaire.  The sample questionnaire is merely provided for review and comment by entities regulated by the Department.    

 

Very truly yours,

Kathleen Scott

 

 

 

From: Gunnar Larson <g@xny.io>
Sent: Wednesday, June 28, 2023 12:05 AM
To: Scott, Kathleen (DFS) <Kathleen.Scott@dfs.ny.gov>
Cc: dfs.sm.BankingComments <BankingComments@dfs.ny.gov>; cypherpunks@cpunks.org
Subject: NY-DFS Proposed Guidance on Character and Fitness (Extension Appeal)

 

You don't often get email from g@xny.io. Learn why this is important

ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails.

 

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)

 

+1-917-580-8053 

New York, New York 10001