Deposition of Daniel Kim (Exhibit 112) — Blue Flame v. Chain Bridge

Source document: Deposition of Daniel Kim (Exhibit 112) — Blue Flame v. Chain Bridge; document type: Deposition transcript excerpts (6 pages).

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EXHIBIT 112
Case 1:20-cv-00658-LMB-IDD     Document 142-13     Filed 05/20/21     Page 1 of 6 PageID#
3474

Daniel Kim
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
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(Alexandria Division)
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BLUE FLAME MEDICAL LLC,
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Plaintiff,
X
3/29/2021
Page 1 (1)
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V.
Civil Action No.
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CHAIN BRIDGE BANK, N.A.,
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JOHN J. BROUGH and DAVID M.
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EVINGER,
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Defendants.
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CHAIN BRIDGE BANK, N.A.,
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Third-Party Plaintiff,
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V.
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JPMORGAN CHASE BANK, N.A.,
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Third-Party Defendant.
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1:20-cv-00658
X
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Remote Deposition
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Monday, March 29, 2021
Deposition via Zoom of DANIEL KIM, a
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witness herein, called for examination by counsel for
Alderson®  ATMtpomtComp,ny
www. trustpoint. one
800.FOR.DEPO
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Case 1:20-cv-00658-LMB-IDD     Document 142-13     Filed 05/20/21     Page 2 of 6 PageID#
3475

Daniel Kim
3/29/2021
Page 2 (2 - 5)
Page 2
Page 4
1 Defendants/Third-Party Plaintiff Chain Bridge Bank,
1 APPEARANCES (Continued):
2 N.A., in the above-entitled matter, pursuant to
3 notice, the witness being duly sworn by MARY GRACE
4 CASTLEBERRY, a Notary Public in and for the State of
5 Maryland, taken at 9:02 a.m. PST, Monday, March 29,
6 2021, and the proceedings being taken down by
7 Stenotype by MARY GRACE CASTLEBERRY, RPR, and
8 transcribed under her direction.
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On behalf of Defendant/Third-Party Plaintiff
Chain Bridge Bank, N.A.:
CAROLYN FORSTEIN, ESQ.
DONALD BURKE, ESQ.
Robbins Russell Englert, Orseck,
Untereiner & Sauber
2000 K Street, N.W., 4th Floor
Washington, D. C. 20006
(202) 775-4500
cforstein@ro b binsrussell. com
dburke@ro b binsrussell. com
znferguson@ro b binsrussell. com
Page 3
Page 5
1 APPEARANCES:
1 APPEARANCES (Continued):
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On behalf of the Plaintiff Blue Flame Medical
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LLC:
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GREG KETCHAM-COL WILL, ESQ.
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JASON MITCHELL, ESQ.
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KENI UKABIALA, ESQ.
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Schulte Roth & Zabel
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901 15th Street, N.W., Suite 800
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Washington, D.C. 20005
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(202) 729-7476
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gregory.ketcham-colwill@srz.com
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j ason.mitchell@srz.com
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ekenedilichukwu@ukabiala@srz.com
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and
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ETHAN BEARMAN, ESQ.
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The Bearman Firm
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I 0250 Constellation Boulevard, Suite I 00
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Los Angeles, California 90067
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(747) 344-1004
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On behalf of Third-Party Defendant JPMorgan
Chase Bank:
ALBINAS PRIZGINTAS, ESQ.
Wilmer Cutler Pickering Hale & Dorr LLP
1875 Pennsylvania Avenue, N.W.
Washington, D.C. 20006
(212) 663-6981
albinas.prizgintas@wilmerhale.com
On behalf of the deponent:
CARA PORTER, ESQ.
SARAH FABIAN, ESQ.
Office of the Attorney General
California Department of Justice
455 Golden Gate Avenue, Suite 11000
San Francisco, California 94102-7020
(415) 254-3934
cara.porter@doj.ca.gov
sarah.fabian@doj.ca.gov
Alderson®  ATMtpomtComp,ny
www. trustpoint. one
800.FOR.DEPO
(800.367.3376)
Case 1:20-cv-00658-LMB-IDD     Document 142-13     Filed 05/20/21     Page 3 of 6 PageID#
3476

Daniel Kim
Page 6
1 APPEARANCES (Continued):
2
1
E X H I B I T S (Continued):
2 DEFENDANTS' EXHIBIT NO.
3/29/2021
Page 3 (6 - 9)
Page 8
PAGE
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ALSO PRESENT:
3 114 - March 26, 2020 email from Karen Green
JASON AQUI, Videographer
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Ross to Daniel Kim
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C O N T E N T S
Page 7
5 115 - March 26, 2020 email from Daniel Kim
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to Monica Cuellar
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9 PLAINTIFF'S EXHIBIT NO.
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9 - Text message exchange between John
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Thomas and Daniel Kim
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12 114 - Chronology, BFM CA DGS4966
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P R O C E E D I N G S
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Page 9
2 WITNESS
EXAMINATION BY COUNSEL FOR
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THE VIDEOGRAPHER: We are now on the
3 DANIEL KIM
PLAINTIFF DEFENDANTS
4 BY MS. FORSTEIN
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5 BY MR. KETCHAM-COL WILL 150
6 BY MS. FORSTEIN
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E X H I B I T S
10 DEFENDANTS' EXHIBIT NO.
165
11 43 - March 25, 2020 Purchasing Authority
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Purchase Order
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13 108 - 10/26/2020 notes of Daniel Kim
14 109 -Payee Data Record
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15 11 O - March 25, 2020 email from Andrew
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Sturmfels to Karen Green Ross
1 7 111 - March 25, 2020 email
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13 112 - Text message exchange between John
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Thomas and Daniel Kim
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2o 113 - Text message exchange between John
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Thomas and Daniel Kim reproduced in a
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unified text format
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PAGE
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3 record in the matter of Blue Flame Medical LLC versus
4 Chain Bridge Bank, NA. Today's date is March 29th,
5 2021. The time on the video monitor is 9:02 a.m.
6 Pacific Standard Time. This is the video recorded
7 deposition of Daniel Kim being taken virtually.
8
I'm the camera operator. My name is Jason
9 Aqui in association with Trustpoint/Alderson
10 Reporting. The court reporter is Mary Grace
11 Castleberry, also in association with
12 Trustpoint/ Alderson Reporting.
13
Will all attorneys please identify
14 themselves and the parties they're representing
15 beginning with the party noticing this proceeding.
16
MS. FORSTEIN: Good morning. This is
17 Carolyn Forstein from Robbins Russell in Washington,
18 D.C. I'm here with my colleague, Donald Burke, and
19 we represent the defendants in this matter, Chain
20 Bridge Bank, NA, John Brough and David Evinger.
21
MR. KETCHAM-COL WILL: Can you guys hear
2 2 me? Okay. For the plaintiff, joining me on the
Alderson® 	 ATM!pomtComp,ny
www. trustpoint. one
800.FOR.DEPO
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Case 1:20-cv-00658-LMB-IDD     Document 142-13     Filed 05/20/21     Page 4 of 6 PageID#
3477

Daniel Kim
Page 134
1 Mr. Thomas ever tell you that a shipment of masks
2 would arrive on April 2nd?
3
A. I don't believe I had contact with
4 Mr. Thomas after the phone call that I had with him
5 and Mr. Bearman. He may have texted me. I don't
6 know. But it would have been in this chain, right?
7 So I don't know.
8
Q. Do you recall if, after the conversation
9 you had with Mr. Thomas and Mr. Bearman, anyone told
10 you that a shipment of Blue Flame Medical masks would
11 arrive on April 2nd?
12
A. No.
13
Q. Do you recall if Mr. Thomas ever told you
14 that Blue Flame Medical could provide a list of other
15 states and organizations that had contracted with
16 Blue Flame Medical?
A. No.
17
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Q. Did Mr. Thomas ever tell you that Governor
19 De Santis of Florida would be happy to speak with you
20 about working with Blue Flame Medical?
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A. I don't recall.
Q. Did you ever speak with anyone in the
Page 135
1 government of Florida about Blue Flame Medical?
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A. No.
3
Q. After March 26, did you have any further
4 contact with Mike Gula?
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MS. PORTER: Objection. Assumes facts not
6 in evidence.
7
THE WITNESS: I don't believe I had any
8 contact with Mike Gula, period.
9 BY MS. FORSTEIN:
10
Q. And after the call that you had with
11 Mr. Thomas and Mr. Bearman on March 26th, did you
12 have any further contact with Mr. Bearman?
13
A. No.
14
Q. And after March 26th, just to round this
15 out, did you have any further contacts with anyone
16 else at Blue Flame Medical?
17
A. No. The last contact I had was that
18 conversation I had with Mr. Bearman and Mr. Thomas
19 and the texts that I sent saying that I didn't --
20 that thumbs-up was not for him.
21
Q. Did you ever speak with the FBI about Blue
22 Flame Medical?
3/29/2021
Page 35 (134 - 137)
1
2
3
A.
Q.
Yes.
When did you speak with the FBI?
A.
Shortly -- it was after I spoke to the
4 CHP.
5
Q.
Do you recall --
Page 136
6
A.
I don't recall, but I'm referring back to
7 the notes that you shared with me. So it looks like
8 I did on the 27th. But that's based on what this
9 email says.
10
Q.
And do these notes memorialize your
11 conversation with the FBI?
12
MS. PORTER: Objection. I just want to
13 raise again this investigative privilege. FBI is not
14 present to assert such a privilege and they are not
15 represented in this action. So to the extent that
16 anything is calling for such information, you know,
1 7 I'm uncomfortable with testimony without the FBI
18 having the opportunity to weigh in.
19
MS. FORSTEIN: Sure. I'm really just
20 referring to the information that's in the notes that
21 have been produced in this matter that we're looking
22 at right now and the content that's contained within
Page 137
1 them and asking Mr. Kim for his recollection and
2 understanding of this content.
3
MS. PORTER: To the extent your question
4 exceeds the scope of the notes, I object.
5 BY MS. FORSTEIN:
6
Q. Mr. Kim, do your notes memorialize your
7 conversation with the FBI?
8
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MS. PORTER: Same objection.
THE WITNESS: I'm not clear what you mean
10 by "memorialize." These notes were things I quickly
11 jotted down, so to the -- at that time, they were my
12 recollection of what happened.
13 BY MS. FORSTEIN:
14
Q. So your notes say that you spoke -- that
15 "On 3/27 at 11: 15 a.m., I received an urgent call
16 from my assistant that the FBI wanted to talk to me.
1 7 I immediately called back."
18
When you learned that the FBI was
19 investigating Blue Flame Medical, did this concern
20 you?
21
22
A. Yes.
Q.
And looking at that same paragraph, a few
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Case 1:20-cv-00658-LMB-IDD     Document 142-13     Filed 05/20/21     Page 5 of 6 PageID#
3478

Daniel Kim
Page 138
1 lines further down, it says, "I also provided the
2 larger context that we in the state have a very
3 thorough procurement process with competitive RFPs
4 and strict terms and conditions, but given the
5 circumstances, we've had to take those aside."
6
Would you agree that the state of
7 California's procurement process is usually very
8 thorough?
9
A. Yes.
10
Q. And due to COVID-19, as you explained
11 here, California's vetting was limited?
12
A. Yes.
13
Q. If you look down at the next paragraph, it
14 says, "Todd Carter asked ifl was aware that the
15 vendor just formed his company a week ago and that
16 the bank account was established two days ago. I
1 7 told him I was not aware at the time, but I am now
18 aware."
19
20
When did you become aware of this?
A. I believe I'm referencing -- when I said
21 I'm now aware, I believe it's in reference to his
22 statement. I was being a bit sarcastic. But I don't
Page 139
1 recall ifl knew before then.
2
Q. Understood. And I apologize for
3 interrupting. So to the best of your recollection,
4 you learned this information in your conversation
5 with the FBI on March 27th?
6
A. That's the best of my recollection. I'm
7 not sure.
8
Q. If you look at the next sentence, it says,
9 "I told them that what made us more comfortable was
10 that the bank was a U.S. bank."
11
Why did the bank being a U.S. bank make
12 you more comfortable?
13
A. Because it was an American bank and it was
14 regulated by American authorities as opposed to a
15 bank in China or abroad that wouldn't be so
16 regulated.
17
Q. And why did it make you more comfortable
18 that the bank would be regulated by U.S. authorities?
19
A. Because the authorities could take action
2 0 if the bank was doing something circumspect.
21
Q. And if I could direct you to the top of
22 the third page of your notes where you say, "Todd
3/29/2021
Page 36 (138 - 141)
Page 140
1 Carter or Bill Murdoch then alluded to the fact that
2 the Chinese company was already under investigation."
3
Do you recall learning anything else about
4 the investigation of this company?
5
A No.
6
Q. Was it concerning to you that the Chinese
7 company was already under investigation?
A It was a concern.
8
9
Q. Would you have let DGS conduct business
10 with a vendor that you believed to be purchasing
11 product from a Chinese company under FBI
12 investigation?
13
MS. PORTER: Objection. Lack of
14 foundation.
15
THE WITNESS: Can you repeat that? Would
16 I be concerned?
17 BY MS. FORSTEIN:
18
Q. Would you have let DGS conduct business
19 with a vendor that you believed to be purchasing
20 product from a Chinese company under FBI
21 investigation?
22
MS. PORTER: Same objection.
Page 141
1
THE WITNESS: As I mentioned, we had a
2 very limited vetting process, so we were trying our
3 best to vet. Now, this is conjecture, but I would
4 assume that, in the event that I was told that there
5 was a company that was under investigation by the
6 FBI, that would give me pause.
7 BY MS. FORSTEIN:
8
Q. If you look down at the third paragraph on
9 the third page where you say, "I asked what I should
10 do now that the vendor still has a contract with us,
11 and he keeps calling me about payment mechanisms.
12 Todd Carter said that would be up to us."
13
California still had a contract with Blue
14 Flame Medical at this point, correct?
15
A. Yes.
16
Q. At this point in time, did you think that
1 7 California should continue to pursue a deal with Blue
18 Flame Medical?
19
A. That's irrelevant whether I thought we
2 0 should pursue it or not. The question was whether we
21 would pursue it or not, and we weren't going to
22 pursue anything until we had this investigated
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Case 1:20-cv-00658-LMB-IDD     Document 142-13     Filed 05/20/21     Page 6 of 6 PageID#
3479

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