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Home Source documents Exhibit 102, Deposition Transcript Pages — Blue Flame Medical LLC v. Chain Bridge Bank, N.A. (E.D. Va.)

Exhibit 102, Deposition Transcript Pages — Blue Flame Medical LLC v. Chain Bridge Bank, N.A. (E.D. Va.)

Factual Summary

Schoeppe confirms Evinger's "Stand down for now" instruction meant to "hold on sending any paperwork or anything out until we have more information," and that his "John and I are in communication with the State of California" meant only that the bank was talking to California about the wire — she never learned the substance. Asked about standard practice, Schoeppe testifies Chain Bridge routinely reaches out to counterparty banks to verify transaction details, but she personally cannot speak to whether reaching out directly to a counterparty bank's client (as opposed to the bank itself) is standard practice, since she does not work in the wires department. Reviewing an email from Rick Claburn stating "I've deactivated transfers and Bill Pay for Blue Flame Strategies in TM," Schoeppe testifies she does not know his specific motivation but assumes it relates to the newly-opened, Blue-Flame-Medical-associated account.

Key Facts

  • Schoeppe's testimony that she cannot speak to whether contacting a counterparty bank's own client directly is standard practice contrasts with Grice's expert opinion (Exhibit 103) that such direct contact is, in his banking experience, ordinary.
  • Confirms Claburn deactivated online transfers/Bill Pay specifically for the "Blue Flame Strategies" account (distinct from Blue Flame Medical) — a further documented instance of the multi-entity naming pattern already flagged in this docket.
  • Schoeppe testifies she did not discuss Richardson's "clarity around how long these funds would be on deposit" email with anyone and has no specific understanding of why he asked.

Source Caveats

  • Excerpted testimony only, spanning noncontiguous transcript pages; use the linked source for full context.
  • Schoeppe's account of her own understanding is limited by her stated role; she repeatedly disclaims knowledge of the wires department's specific practices.
Date
2021-05-20

Cite this document

“Exhibit 102, Deposition Transcript Pages — Blue Flame Medical LLC v. Chain Bridge Bank, N.A. (E.D. Va.).” Original at ecf.vaed.uscourts.gov, dated 2021-05-20. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-05-20-third-party-plaintiffs-v-jpmorgan-chase-bank-n-a-2a8babb8-1/, SHA-256 2a8babb8f83c78a75ce06f3b904ac7a4f79a876a1662e6759eca875805b5dcf6.

Full text

Case 1:20-cv-00658-LMB-IDD   Document 142-3   Filed 05/20/21   Page 1 of 5 PageID#
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                      EXHIBIT 102
Case 1:20-cv-00658-LMB-IDD     Document 142-3      Filed 05/20/21   Page 2 of 5 PageID#
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                                                                          Page 1

 1                            UNITED STATES DISTRICT COURT
 2                        FOR THE EASTERN DISTRICT OF VIRGINIA
 3                                  (ALEXANDRIA DIVISION)
 4
 5              BLUE FLAME MEDICAL LLC                )Civil Action No.
                      Plaintiff                       )1:20-cv-00658(LMB/IDD)
  6                                                   )
                vs.                                   )
 7                                                    )
                CHAIN BRIDGE BANK, N.A.,              )
 8              JOHN J. BROUGH and                    )
                DAVID M. EVINGER                      )
  9                   Defendants                      )



10
                CHAIN BRIDGE BANK, N.A.               )
11              Third-Party Plaintiffs


12              vs.


13              JPMORGAN CHASE BANK, N.A.
                Third-Party Defendant
14
15
16
17                   Remote Videotaped Deposition of Heather Schoeppe
18                                   January 22, 2021
19                                        9:33 a.m.
20
21              Reported by:      Bonnie L. Russo
22              Job No. 4398416

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                                                          Page 2                                                          Page 4
      1     Remote Videotaped Deposition of Heather          1             APPEARANCES (CONTINUED):
      2     Schoeppe held through:                           2             On behalf of Third-Party Defendant:
      3                                                      3              ALAN SCHOENFELD, ESQ.
      4                                                      4              WILMERHALE, LLP
      5                                                      5              7 World Trade Center
      6             Veritext Legal Solutions                 6              250 Greenwich Street
      7             1250 I Street, N.W.                      7              New York, New York 10007
      8             Washington, D.C.                         8              alan.schoenfeld@wilmerhale.com
                                                             9                 -and-
      9
                                                            10              ALBINAS PRIZGINTAS, ESQ.
     10
                                                            11              WILMERHALE, LLP
    11
                                                            12              1875 Pennsylvania Avenue, N.W.
    12
                                                            13              Washington, D.C. 20006
    13
                                                            14              albinas.prizgintas@wilmerhale.com
    14                                                      15                 -and-
    15                                                      16              MARGARITA BOTERO, ESQ.
    16                                                      17              WILMERHALE, LLP
    17                                                      18              1225 17th Street, Suite 1660
    18      Pursuant to Notice, when were present on behalf 19              Denver, Colorado 80202
    19      of the respective parties:                      20              margarita.botero@wilmerhale.com
    20                                                      21             Also Present:
    21                                                                     Ethan Bearman, Blue Flame Medical, LLC
    22                                                             22      Geoff Bassett, Videographer
                                                          Page 3                                                          Page 5
                                                                   1           CONTENTS
      1   APPEARANCES:
                                                                   2     EXAMINATION OF HEATHER SCHOEPP£                 PAGE
      2   On behalf of the Plaintiff:                              3     BY MR. MITCHELL
                                                                   4
      3     JASON T. MITCHELL, ESQ.
                                                                   5              EXHIBITS
     4      EKENEDILICHUKWU E. UKABIALA, ESQ.                      6
                                                                         Exhibit 11 Audio File           135
     5      GREGORY KETCHAM-COLWILL, ESQ.
                                                                   7            CBB00002794
     6      PETER WHITE, ESQ.                                      8     Exhibit 12 E-Mail dated 3-25-20     141
                                                                                CBB00000853-856
     7      SCHULTE ROTH & ZABEL, LLP
                                                                    9
     8      901 Fifteenth Street, N.W.                                   Exhibit 13 Audio File            153
                                                                   10           CBB00002795
      9     Washington, D.C. 20005
                                                                   11    Exhibit 14 Audio File            162
     10    jason.mitchell@srz.com                                               CBB00002797
                                                                   12
     11     ekenedilichukwu.ukabiala@srz.com
                                                                         Exhibit 15 Audio File            167
     12     gregory.ketchum-colwill@srz.com                        13           CBB00002798
                                                                   14    Exhibit 16 E-Mail Chain dated 3-25-10   193
     13     pete.white@srz.com
                                                                                CBB00001097-101
     14   On behalf of the DefendantsfThird-Party                  15
                                                                         Exhibit 17 E-Mail Chain dated 3-25-20   199
     15   Plaintiffs:
                                                                   16           CBB00000761-763
     16     CAROLYN FORSTEIN, ESQ.                                 17    Exhibit 18 E-Mail Chain dated 3-26-20   206
                                                                                CBB00002673-677
     17     DONALD BURKE, ESQ.
                                                                   18
     18     ROBBINS RUSSELL ENGLERT ORSECK & UNTEREINE >                 Exhibit 19 Wire Transfer dated 3-26-20 217
                                                                   19           CBB00002649
     19     2000 K Street, N.W., Fourth Floor
                                                                   20    Exhibit 20 Fedwire Funds            219
     20     Washington, D.C. 20006                                              Processor Messages
                                                                   21           3-26-20
     21     cforstein@robbinsrussell.com
                                                                                CBB00002779
     22     dburke@robbinsrussell.com                              22

                                                                                                                 2 (Pages 2 - 5)
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     1   for this deposit other than the ICS agreement?     1        A. Yes.
     2      A. No. The only thing I had -- had              2        Q. And he says: Stand down for now,
     3   been in discussions with was about the ICS.        3     correct?
     4      Q. And you understood that Mr. Brough           4        A. Correct.
     5   and Mr. Evinger thought that the funds needed      5        Q. Did you have an understanding as to
     6   to be moved off the balance sheet ASAP,            6     what Mr. Evinger meant?
     7   correct?                                           7        A. Just to hold on sending any
     8      A. Tos.                                         8     paperwork or anything out until we have more
     9          MS. FORSTEIN: Object to form.               9     information.
    10          THE WITNESS: Looks from the e-mail,        10        Q. Did you have an understanding as to
    11   yes, they wanted to move the -- move it off       11     what Mr. Evinger meant by "John and I are in
    12   balance sheet.                                    12     communication with the State of California"?
    13          BY MR. MITCHELL:                           13        A. Just that they are talking to the
    14      Q. At the end of his e-mail,                   14     State of California about the wire, I'm
    15   Mr. Richardson says: Need to have some clarity    15     guessing.
    16   around how long these funds would be on           16        Q. And did you ever learn what they
    17   deposit.                                          17     were talking to the State of California about
    18          Do you see that?                           18     in connection with the wire?
    19      A. Yes.                                        19        A. No.
    20      Q. In do you have any understanding,           20        Q. In your career at Chain Bridge Bank,
    21   sitting here today, why Mr. Richardson was        21     do you recall any other situations where the
    22   asking that question?                             22     bank reached out to your client's counterparty
                                                Page 255                                                   Page 257
     1      A. Honestly, not really. I'm --               1       to inquire about a transaction?
     2   typically just we would want to know for         2          A. Yes. Yes, we have.
     3   purposes of, you know, having -- knowing what's 3           Q. When?
     4   going to be going on in the account. And so --   4          A. Any time we have a question about,
     5   and possibly for money management purposes.      5       you know, a -- a transaction, we will reach out
     6      Q. Other than this e-mail from                6       to other banks to verify account numbers or -­
     7   Mr. Richardson, do you recall any discussions,   7       you know, that's pretty standard practice.
     8   after the wire transfer was received, about the  8          Q. What about reaching out to the other
     9   fact that the ICS program had a maximum limit    9       bank's client; is that standard practice?
    10   of $125 million?                                10          A. I don't -- honestly, I can't speak
    11      A. No.                                       11       to that. Because I don't deal in the wire
    12      Q. Or, just so that I'm clear, that it       12       department. So I don't know what their
    13   had a limit lower than the amount of Blue Flame 13       standard practice is for the wires, honestly.
    14   Medical's deposit?                              14          Q. Can you recall any other
    15      A. No.                                       15       circumstance when you're aware that Chain
    16      Q. Did you discuss this e-mail from          16       Bridge Bank had reached out to another bank's
    17   Mr. Richardson with anybody?                    17       client to confirm details about a transaction
    18      A. No. Not that I remember.                  18       with Chain Bridge Bank's client?
    19      Q. In response, a minute later,              19          A. Where we reached out to a bank's
    20   Mr. Evinger writes: John and I are in           20       client about the transaction?
    21   communication with the State of CA, California. 21              That's what you said?
    22          Do you see that?                         22          Q. Yes.

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      1      A. Okay. I know that we reach out on               1     counteiparty bank on a transaction to verify it
      2   transactions frequently. But honestly, I'm not        2     versus reaching out to the counterparty bank's
      3   sure -- I'm not really privy to that level of,        3     client to verify the transaction?
      4   you know, investigation into the accounts.            4            Am I understanding you correctly?
      5          I know that I'm asked to call and              5        A. Yes. I would say that's true.
      6   verify bill pay. I call and verify settlement         6            MR. MITCHELL: Keni, would you
      7   company information.                                  7     please mark as Plaintiffs Exhibit 27 our
      8          So -- but -- so -- I mean I don't              8     Tab 25.
      9   know specifics -- I couldn't, you know, tell          9            And for the record, Plaintiffs
     10   you specifically. But I do know that, yes, we        10     Exhibit 27 is a document produced by defendants
     11   do verify transactions.                              11     bearing Bates stamp CBB00000818 through 829.
     12      Q. And so that I'm clear, when you say            12            (Deposition Exhibit 27 was marked
     13   that "we verify transactions," you mean with         13     for identification.)
     14   the client of the bank on the other side of the      14            BY MR. MITCHELL:
     15   transaction or with the bank on the other side       15        Q. And, Ms. Schoeppe, please let me
     16   of the transaction?                                  16     know when you have that document in front of
     17      A. Could be any -- you know, anything.            17     you.
     18      Q. You personally have reached out to             18        A. Okay.
     19   clients on the other side of transactions to         19        Q. And, Ms. Schoeppe, I want to direct
     20   verify the details of those transactions?            20     your attention to the e-mail on the first page
     21          Am I understanding you correctly?             21     from Rick Claburn at 1: 18 p.m. on which you're
     22      A. Yes. I mean I'm sure that I -- that            22     copied.
                                                    Page 259                                                  Page 261
      1   I have. Because we -- I mean we do verify             1            And in that e-mail Mr. Claburn says:
      2   transactions.                                         2     I've deactivated transfers and Bill Pay for
      3      Q. Can you think of any examples of                3     Blue Flame Strategies in TM.
      4   that?                                                 4            Do you see that?
      5         Specific examples of that, I should             5        A. Yes.
      6   -                                                    6        Q. What do you understand that to mean?
      7      A. I've called other banks to verify               7        A. That they have -- he turned off his
      8   account numbers for ACHs. I have reached out          8     -- the ability to send out money out -- out of
      9   to bill pay recipients to get information --          9     the account and -- through online banking, our
     10   more information about them. Because maybe           10     online banking portal.
     11   they've hit the OFAC report. Do -- call              11        Q. Through the Blue Flame Strategies
     12   credit -- like -- like a credit card company to      12     account, correct?
     13   verify if they initiated a transaction.              13        A. Yes.
     14           So, you know, it's -- I feel like            14        Q. Do you know why Mr. Claburn was
     15   personally it's pretty standard practice. If         15     doing that for the Blue Flame Strategies
     16   there's a question about a transaction that the      16     account at this time?
     17   bank is involved in, then -- or -- or our            17        A. No. I can't really speak to his
     18   client is involved in, that we could try to do       18     exact motivations in that. I -- I would just
     19   what we can to verify it before proceeding.          19     assume it's because it's related to -- it was
     20   And our clients appreciate that, generally.          20     just opened the week before, and so it's
     21      Q. And in your experience, there's no             21     associated with the Blue Flame Medical account.
     22   difference between reaching out to the               22        Q. And then he also says: I've also

                                                                                              66 (Pages 258 - 261)
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