Videotaped Deposition of Natalie Gonzales — Blue Flame Medical LLC v. Chain Bridge Bank, N.A. (Dkt. 130-62)
Summary
Exhibit 62, Case 1:20-cv-00658, Document 130-62, filed 05/06/21 (E.D. Va.): excerpts from the remote videotaped deposition via Zoom of Natalie Gonzales, taken Thursday, January 28, 2021, in Blue Flame Medical LLC v. Chain Bridge Bank, N.A. Matthew M. Madden questions the witness, and Ms. Porter objects at points. Gonzales testifies that on March 26th she was on a call with representatives of Chain Bridge Bank and director Mark Hariri, that David Evinger told them a bank client who was a political lobbyist had opened Blue Flame Medical's account the previous day, and that she or Hariri asked him to wait until additional information could be found. She says she did not speak with anyone from JPMorgan Chase on March 26th other than the call-back.
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“Videotaped Deposition of Natalie Gonzales — Blue Flame Medical LLC v. Chain Bridge Bank, N.A. (Dkt. 130-62).”
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Case 1:20-cv-00658-LMB-IDD Document 130-62 Filed 05/06/21 Page 1 of 12
PageID# 1959
EXHIBIT 62
Natalie Gonzales 1/28/2021
Case 1:20-cv-00658-LMB-IDD Document 130-62 Filed 05/06/21 Page 2 of 12Page 1 (1)
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1 IN THE UNITED STATES DISTRICT COURT
2 FOR THE EASTERN DISTRICT OF VIRGINIA
3 (Alexandria Division)
4 - - - - - - - - - - - - - - - X
5 BLUE FLAME MEDICAL LLC, :
6 Plaintiff, :
7 v. : Civil Action No.
8 CHAIN BRIDGE BANK, N.A., : 1:20-cv-00658
9 JOHN J. BROUGH and DAVID M. :
10 EVINGER, :
11 Defendants. :
12 _____________________________ :
13 CHAIN BRIDGE BANK, N.A., :
14 Third-Party Plaintiff, :
15 v. :
16 JPMORGAN CHASE BANK, N.A., :
17 Third-Party Defendant. :
18 - - - - - - - - - - - - - - - X
19 Remote Deposition
20 Thursday, January 28, 2021
21 Videotaped deposition via Zoom of NATALIE
22 GONZALES, a witness herein, called for examination by
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1 counsel for Defendant/Third-Party Plaintiff in the 1
APPEARANCES: (Continued)
2 above-entitled matter, pursuant to notice, the 2
3 witness being duly sworn by MARY GRACE CASTLEBERRY, a 3
On behalf of Defendant/Third-Party Plaintiff
4 Notary Public in and for the State of Maryland, taken 4
Chain Bridge Bank, N.A.:
5 at 1:00 p.m. EST, Thursday, January 28, 2021, and the 5
MATTHEW M. MADDEN, ESQ.
6 proceedings being taken down by Stenotype by MARY 6
ZACHARY N. FERGUSON, ESQ.
7 GRACE CASTLEBERRY, RPR, and transcribed under her 7
Robbins Russell Englert, Orseck,
8 direction. 8
Untereiner & Sauber
9 9
2000 K Street, N.W., 4th Floor
10 10
Washington, D.C. 20006
11 11
(202) 775-4500
12 12
mmadden@robbinsrussell.com
13 13
znferguson@robbinsrussell.com
14 14
15 15
16 16
17 17
18 18
19 19
20 20
21 21
22 22
Page 3 Page 5
1 1
APPEARANCES: APPEARANCES: (Continued)
2 2
3 3
On behalf of the Plaintiff Blue Flame Medical On behalf of Third-Party Defendant JPMorgan
4 4
LLC: Chase Bank:
5 5
PETER H. WHITE, ESQ. ALAN SCHOENFELD, ESQ.
6 6
GREG KETCHAM-COLWILL, ESQ. ALBINAS PRIZGINTAS, ESQ.
7 7
JASON MITCHELL, ESQ. MARGARITA BOTERO, ESQ.
8 8
KENI UKABIALA, ESQ. Wilmer Cutler Pickering Hale & Dorr LLP
9 9
Schulte Roth & Zabel 1875 Pennsylvania Avenue, N.W.
10 10
901 15th Street, N.W., Suite 800 Washington, D.C. 20006
11 11
Washington, D.C. 20005 (212) 663-6981
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(202) 729-7476 alan.schoenfeld@silmerhale.com
13 13
pete.white@srz.com albinas.prizgintas@wilmerhale.com
14 14
gregory.ketcham-colwill@srz.com margarita.botero@wilmerhale.com
15 15
jason.mitchell@srz.com and
16 16
ekenedilichukwu.ukabiala@srz.com GABRIEL TORRES, ESQ.
17 17
and JPMorgan Chase
18 18
ETHAN BEARMAN, ESQ. Assistant General Counsel
19 19
The Bearman Firm 383 Madison Avenue
20 20
10250 Constellation Boulevard, Suite 100 New York, New York 10179
21 21
Los Angeles, California 90067 (212) 270-6000
22 22
(747) 344-1004
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1 that's Exhibit 84, Treasurer Ma says at one point, 1 reports that Treasurer Ma told the paper that
2 "My office initiated a $457 million wire transfer." 2 JPMorgan Chase had, quote, had reached out to her
3 Did you hear that? 3 office saying that they thought the transaction was
4 A. Yes, I did. 4 fraudulent and were calling the FBI.
5 Q. Did you understand Ms. Ma to be referring 5 Does that refresh your recollection of any
6 to the wire that you initiated to Blue Flame Medical 6 conversation that you were part of with JPMorgan
7 LLC the morning of March 26, 2020? 7 Chase on or about March 26th concerning the wire
8 A. Yes, that's what it sounds like. 8 transaction?
9 Q. Okay. And Ms. Ma goes on to say -- so 9 A. No. I wasn't involved in any
10 I'll read the whole thing again: "My office 10 conversations of that nature.
11 initiated the $457 million wire transfer through one 11 Q. Okay. Okay. Going back to the clip,
12 of our depository banks." 12 which, again, I'm happy to replay if you would like
13 Did you hear that? 13 but I'll read a little more to you. Treasurer Ma
14 A. Yes. 14 went on to testify that, "Simultaneously the Virginia
15 Q. And do you understand which depository 15 bank that received the wire called director Mark
16 bank Treasurer Ma was referring to there? 16 Hariri," and then it continues. Did you hear that?
17 A. Yes. 17 A. I heard that.
18 Q. And which depository bank was that? 18 Q. And do you understand Treasurer Ma, when
19 A. JPMorgan Chase. 19 she referred to the Virginia bank, to be referring to
20 Q. Okay. It goes on -- doing this in bits 20 Chain Bridge Bank, N.A.?
21 and pieces, so I'll read it again. "My office 21 A. I understand that.
22 initiated the $457 million wire transfer through one 22 Q. Okay. And were you part of the
Page 47 Page 49
1 of our depository banks who flagged the transaction 1 conversation between Chain Bridge Bank, N.A. and
2 with concerns about possible fraudulent activity." 2 director Mark Hariri?
3 Did you hear that? 3 MS. PORTER: Objection, vague as to time.
4 A. I heard that. 4 BY MR. MADDEN:
5 Q. And is that part of Treasurer Ma's 5 Q. At any point on March 26th, were you part
6 statement accurate to the best of your knowledge? 6 of a conversation that involved representatives of
7 A. I don't know. 7 Chain Bridge Bank on the one hand and Director Hariri
8 Q. Were you involved with calls with 8 on the other?
9 California's depository bank, JPMorgan Chase, on 9 A. Yes.
10 March 26 after the wire had been released? 10 Q. Do you recall who was on the phone from
11 A. Other than the call-back, no, I did not 11 Chain Bridge Bank?
12 speak with anyone on the phone from JPMorgan Chase. 12 A. I believe it was the president of the bank
13 Q. Okay. Do you know whether anyone else in 13 and based on -- I don't remember from the day but
14 the state treasurer's office did speak with JPMorgan 14 based on emails, I know that it's David Evinger.
15 Chase by telephone on March 26th? 15 Q. Okay. But you don't -- other than looking
16 A. I don't know. 16 at emails, you don't recall that name?
17 MS. PORTER: Calls for speculation. 17 A. No.
18 THE WITNESS: Yeah, I don't know. 18 Q. Okay. Did anyone join Mr. Evinger on that
19 BY MR. MADDEN: 19 call, to your knowledge?
20 Q. I'll -- let me represent to you, I can 20 A. Not to my knowledge.
21 show you the article if you want to see it but there 21 Q. Okay. Did Mr. Evinger tell you that a
22 is a Sacramento Bee article around this time that 22 client of Chain Bridge Bank had opened Blue Flame
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1 Medical's bank account the previous day? 1 MS. PORTER: Objection. Ms. Gonzales
2 A. Yes, he did. 2 testified that one of them said that but not
3 Q. Did Mr. Evinger tell you that the bank 3 necessarily herself. Misstates testimony.
4 client who had opened that account was a political 4 BY MR. MADDEN:
5 lobbyist? 5 Q. Go ahead if you understand the question,
6 A. Yes, he did. 6 please.
7 Q. What if anything did you say in response 7 A. Can you repeat the question?
8 to Mr. Evinger informing you that a bank client who 8 Q. Sure. When -- when you or Mr. Hariri
9 was a political lobbyist had opened Blue Flame 9 asked Mr. Evinger to please wait until we can find
10 Medical's account the prior day? 10 out additional information, did you have an
11 A. So Mark and I were both on the phone, and 11 understanding at the time as to what additional
12 the gist of what we said, I believe we asked him if 12 information you were hoping to find out?
13 the money had been credited to the client account at 13 A. No. I think it was more with respect to
14 that time, and he said no. And we said, well, please 14 since we were transferring this money on behalf of
15 wait until we can find out additional information. 15 the department of general services, that we needed to
16 Q. Anything else? 16 relay this information to the department of general
17 A. To the best of my recollection, that's 17 services, or that the treasurer's office needed to.
18 about the gist of what was said in that phone 18 As I said, I didn't speak with anyone from general
19 conversation. 19 services so --
20 Q. Okay. And why did you ask -- sorry. Did 20 Q. And what was the information that you had
21 you or Mr. Hariri ask whether the funds had been 21 in mind to relay to the department of general
22 credited to the client's account, if you remember? 22 services?
Page 51 Page 53
1 A. I -- I think I might have asked that 1 A. Again, I didn't speak with them but -- so,
2 question. 2 I mean, Mark took responsibility for that.
3 Q. Okay. And why did you ask that question? 3 Q. Okay.
4 A. I had asked because there was concern 4 A. So he -- you know, we asked him to wait
5 expressed about the wire transfer that Chain Bridge 5 and I don't know what was said after that.
6 Bank had received. 6 Q. Okay. When -- but you testified you had
7 Q. Do you remember communicating to 7 an understanding that we needed to relay this
8 Mr. Evinger in words or substance that you were 8 information to the department of general services,
9 surprised to learn that Blue Flame Medical's account 9 and I understand you didn't do the relaying, but I'm
10 had been opened only the day before? 10 just wondering what was the "this information" that
11 A. I don't remember expressing any opinion to 11 you had in mind to be relayed?
12 Mr. Evinger about it. 12 A. What we were told by Chain Bridge Bank,
13 Q. Okay. And I believe you said -- well, let 13 that the account had just been opened the day
14 me just get it right. Just a second. 14 previously by a lobbyist.
15 You testified that -- that you or 15 Q. Okay. Anything else?
16 Mr. Hariri said, "Please wait until we can find out 16 A. No.
17 additional information." Do you recall that 17 Q. And do you have an understanding as to
18 testimony? 18 whether Mr. -- Director Hariri in fact conveyed that
19 A. Yes. 19 information to the department of general services?
20 Q. What was the additional information you 20 MS. PORTER: Objection, calls for
21 had in mind to find out? 21 speculation.
22 A. Well -- 22 BY MR. MADDEN:
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1 Q. Yeah, I'm just asking if you know one way 1 MS. PORTER: Objection, vague as to time.
2 or the other. 2 BY MR. MADDEN:
3 A. I don't know. 3 Q. In the immediate aftermath of the call,
4 Q. Okay. Do you recall Mr. Evinger or anyone 4 did you discuss it with Mr. Hariri?
5 else telling you on this telephone call that Chain 5 A. Yes, probably I did.
6 Bridge Bank would hold the money for the time being? 6 Q. Do you recall anything about that
7 A. I don't remember him saying that 7 conversation?
8 specifically. I don't -- 8 A. No, nothing specific. No, I -- that's
9 Q. Do you have a -- sorry. Go ahead. 9 just an assumption, after a call like that, that we
10 A. I don't really remember his response to 10 would have talked about it with one another but I
11 that. I'm -- I'm not sure. 11 don't remember any specifics.
12 Q. Okay. He could have said it. You just 12 Q. Okay. Do you recall discussing that
13 don't recall as you sit here today? 13 conversation with Chain Bridge Bank officials with
14 A. Correct. 14 anyone else in the state treasurer's office, again,
15 MS. PORTER: Asked and answered. 15 in the immediate aftermath of that call?
16 BY MR. MADDEN: 16 A. No, I don't remember discussing the
17 Q. Do you recall -- and you may not but do 17 specifics with anybody else.
18 you recall Mr. Evinger saying that Chain Bridge Bank 18 Q. Okay. And I believe you already testified
19 would wait for your office to call them back? 19 that you didn't discuss the substance of that call
20 A. I don't remember. 20 with the department of general services yourself. Do
21 Q. Okay. Do you recall anything that 21 I have that right?
22 Mr. Evinger or anyone else on the call asked you and 22 A. That's correct.
Page 55 Page 57
1 Mr. Hariri? 1 Q. How about any other California state
2 A. No, I don't remember any questions. 2 officials in any office, that the afternoon of
3 Q. Okay. Do you recall anything else that 3 March 26th, did you discuss what you had learned from
4 they told you? 4 Chain Bridge Bank with anyone else?
5 A. No. 5 A. No, not that I remember.
6 Q. Other than what you've already testified 6 Q. Okay. On March 26th, 2020, were you
7 to, do you recall anything you or Mr. Hariri said to 7 working in the office?
8 the Virginia -- the Chain Bridge Bank officials on 8 A. Yes.
9 the telephone call? Strike that. My mistake. 9 Q. Was Mr. Hariri in the office?
10 Other than what you've already testified 10 A. Yes.
11 to, do you recall anything else that you or 11 Q. When you spoke with Chain Bridge Bank --
12 Mr. Hariri said to Mr. Evinger and anyone else on the 12 when you spoke with Chain Bridge Bank, were you
13 call? 13 together or --
14 A. No, not other than what I've already 14 A. Yes.
15 testified to. 15 Q. Okay. Where did you take that call?
16 Q. Do you recall asking Mr. Evinger and 16 A. So I didn't take the call from Chain
17 anyone else on the call any questions that they 17 Bridge Bank. We got an email from the department of
18 declined to answer? 18 general services saying that Chain Bridge wanted
19 A. No. 19 someone from the treasurer's office to call them, so
20 Q. Okay. After having this telephone call 20 we initiated the call to Chain Bridge Bank from my
21 with Mr. Evinger and Mr. Hariri, did you discuss the 21 office.
22 call with Mr. Hariri? 22 Q. Understood. I got it.
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1 A. No, I don't remember. I -- I don't 1 Q. And what if anything else do you recall
2 recall. 2 about that conversation? Or sorry. Let me take a
3 Q. Do you know what if anything caused you to 3 step back.
4 try to find Blue Flame Medical LLC on Google? 4 Did you talk to Mark and Andre about that
5 A. I think it was just mainly due to the, you 5 at the same time or were those separate
6 know, the heightened kind of climate around procuring 6 conversations?
7 PPE and, you know, knowing that the State of 7 A. I don't really remember. I think we must
8 California had come to a deal to procure PPE, and 8 have been in the room together, so I would guess at
9 this was the company that they were going with and 9 the same time.
10 because of the size of the wire, I just looked up the 10 Q. Okay. And -- and so what if anything else
11 company. 11 do you recall about that conversation with Mark and
12 Q. Any other reasons you looked up the 12 Andre?
13 company? 13 A. You know, I expressed concern that they
14 A. No. 14 couldn't be found on the internet and that this was a
15 Q. Okay. Mr. Pirasteh writes back, "Weird. 15 very large wire transfer, and -- but we all agreed
16 Let's get weird." Then you reply to him at 10:15 in 16 that based on the treasurer's office role in these
17 the morning, "Really weird." Do you see that? 17 transactions, it's not really our place, as long as
18 A. Yes. 18 we have the essential pieces of releasing a wire
19 Q. What was really weird? 19 transfer, and that is the memo from the department
20 A. Weird that we couldn't find them on 20 and the warrants from the controller's office, we
21 Google. 21 are, you know, legally able to initiate a wire.
22 Q. And why was it weird that you couldn't 22 So there really wasn't anything that we
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1 find Blue Flame Medical on Google? 1 could -- it wasn't our place to do anything about it.
2 A. Considering the amount of money that they 2 Q. Okay. You said you expressed concern.
3 were to receive from the state of California, you 3 Did either Mark or Andre express a similar concern in
4 would expect a web presence for someone receiving 4 response?
5 $450 million. 5 A. I don't really -- I don't really know what
6 Q. And -- and why would you expect that? 6 they were feeling. They didn't say anything that
7 A. Just based on that amount of money. 7 expressed concern. They were more assuring me of,
8 Q. Fair to say or am I understanding you 8 you know, we are legally able to do this so --
9 correctly that you thought a company to which the 9 Q. Do you know whether either Mark or Andre
10 State of California was sending more than 10 communicated to the department of general services
11 $450 million should probably have a web presence that 11 that your office had been unable to locate Blue Flame
12 you could find on Google? Am I understanding you 12 Medical on Google?
13 correctly? 13 A. I don't know anything that was said
14 A. That's what I would typically expect, yes. 14 between Mark and Andre and general services.
15 Q. Did it concern you when you were unable to 15 Q. Okay. Okay. And if you'll forgive me for
16 find Blue Flame Medical on Google? 16 jumping -- jumping back, I just want to ask you a
17 A. Yes. 17 couple more questions about the call that you and
18 Q. Other than this email exchange with 18 Mr. Hariri had with David Evinger at Chain Bridge
19 Mr. Pirasteh, do you recall discussing that concern 19 Bank.
20 with anyone else? 20 A. Uh-huh.
21 A. I expressed some concern to my managers, 21 Q. Okay. In the clip of Treasurer Ma's
22 Mark and Andre. 22 testimony that I played for you earlier and that's
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1 Exhibit 84, Treasurer Ma said, "The Virginia bank 1 State of California?
2 that received the wire called director Mark Hariri 2 A. Yes.
3 and informed him that the account was opened the day 3 MR. MADDEN: Okay. Let's do -- Zach,
4 before by a Washington, D.C.-based lobbyist and the 4 let's mark JPMC 135, please.
5 bank was not comfortable accepting this large wire 5 (Defendant's Exhibit No. 86 was
6 transfer." 6 marked for identification.)
7 Do you recall hearing that? 7 BY MR. MADDEN:
8 A. Yes. 8 Q. We are marking, putting in the chat, and
9 Q. And is that consistent with your 9 Zach will shortly display on the screen the document
10 recollection of the call that you and Mr. Hariri had 10 that's been marked as Exhibit 86, which is a
11 with Mr. Evinger? 11 one-pager Bates numbered JPMC 135.
12 A. Well, he didn't call us. 12 A. Okay.
13 Q. Right. 13 Q. Ms. Gonzales, do you recognize Exhibit 86?
14 A. We called him. And can you repeat her 14 A. Yes.
15 testimony again? 15 Q. And it's an email from you to Ana Prieto
16 Q. Of course. "The Virginia bank that 16 who we discussed earlier, and then it's copied to
17 received the wire called Director Mark Hariri and 17 Christy -- I should do this the other way again. To
18 informed him the account was opened a day before by a 18 whom is it copied?
19 Washington, D.C.-based lobbyist and the bank was not 19 A. Christy Kharkwal.
20 comfortable accepting this large wire transfer." 20 Q. Kharkwal, thank you.
21 A. For the most part, it's accurate. Again, 21 Who is Christy Kharkwal?
22 we called Chain Bridge Bank, and I only remember 22 A. She is the operations manager below me, so
Page 71 Page 73
1 being told that the account owners were lobbyists or 1 she's responsible for just ensuring that, you know,
2 the account owner was a lobbyist, and I didn't 2 our daily banking operations run smoothly so she
3 know -- I don't remember anything about a Washington, 3 supervises our small staff and jumps in wherever
4 D.C. based, you know, qualification. And other than 4 there is any need for additional support.
5 that, I would say it's accurate. 5 Q. Okay. This is a March 26th email. It's
6 Q. Okay. Did Mr. Evener tell you that Blue 6 labeled as being 7:19 p.m., but again, that's -- my
7 Flame Medical was a fraud? 7 understanding is that's GMT, so you subtract seven
8 A. No. 8 hours to get Pacific Daylight Time, which would be
9 Q. Did Mr. Evinger tell you that the 9 12:19 p.m. your time.
10 lobbyists who had opened the account was engaged in 10 The subject of your email is recalled
11 fraud? 11 wire. Do you see that?
12 A. No. 12 A. Yes.
13 Q. Okay. Sorry. Just give me a moment, 13 Q. What were you referring to there?
14 please. 14 A. I was referring to the return of the
15 Yeah. After the call that you and 15 450-plus million dollars.
16 Mr. Hariri had with Mr. Evinger that we've been 16 Q. And at the time you sent this email, what
17 discussing, did you speak with anyone at Chain Bridge 17 did you understand about that return of the 450-plus
18 Bank at other times on March 26? 18 million dollars?
19 A. No, I -- that was the only conversation I 19 A. I recall that I was told -- and I don't
20 recall having with anyone at Chain Bridge Bank. 20 remember who told me -- that the money would be
21 Q. Okay. Are you aware that at some point on 21 coming back. And so here I am just letting Ana know,
22 March 26th, the wired funds were returned to the 22 you know, hey, I want to know where it is in the
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1 process, because of course if we're getting 1 you, either by an email or by telephone, to tell you
2 $450 million back, that's -- me being the short-term 2 where that process was?
3 cash position person, that's a large amount of money 3A. No, I don't remember.
4 that I'm going to have to, you know, account for and 4Q. Okay. And did you yourself ever call
5 deal with. 5 Chain Bridge Bank to check on where the wire recall
6 Q. Okay. And the person who told you that 6 is in the process?
7 the money would be coming back, did that person 7 A. No.
8 explain to you why? 8 Q. You don't remember leaving a voicemail for
9 A. No. 9 Mr. Evinger?
10 Q. Did that person explain to you how the 10 A. I don't. Did I?
11 money was coming back and what was causing that to 11 Q. I'm just asking what you remember.
12 happen? 12 A. Okay. I don't remember.
13 MS. PORTER: Objection, compound. 13 Q. You don't remember doing that?
14 THE WITNESS: Yeah, could you -- 14 A. No.
15 BY MR. MADDEN: 15 Q. Okay. All right. Give me one second.
16 Q. Sure. Did that person explain to you what 16 And then am I right that at some point on
17 was causing that money to come back? 17 March 26th, the wired funds were back in the hands of
18 A. Not that I recall. 18 the State of California?
19 Q. Okay. You write in the body of your 19 A. Yes.
20 email, "Is it possible for JPMC to reach out to the 20 Q. And what do you recall about that?
21 Chain Bridge Bank and see where the wire recall is in 21 A. Just that our account was credited for the
22 the process?" Do you see that? 22 same amount as the wire transfer that we had sent
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1 A. Yes. 1 out.
2 Q. What do you understand a wire recall to 2 Q. And that's the same depository account
3 be? 3 held at JPMorgan Chase?
4 A. I understand it to be the return of a wire 4 A. Yes.
5 transfer. 5 Q. Okay. After the funds had been returned
6 Q. And do you know whether that return of the 6 to California's depository account, did you have
7 Blue Flame wire transfer was initiated by the State 7 discussions about that with anyone?
8 of California? 8 A. Yes, I'm sure that I informed my
9 A. I did not request the wire to be recalled, 9 management that the money had come back and we had
10 so I don't. It wasn't anything that I had 10 possession of it. We also received an email from the
11 communicated to Chase. I was told the wire was 11 department of general services saying that they were
12 coming back so -- 12 cancelling the transaction, for lack of a better
13 Q. Okay. And do you know, as you sit here 13 term, with Blue Flame. And we also returned the
14 today, whether someone else in the state treasurer's 14 warrants to the controller's office since the wire
15 office requested the wire to be recalled? 15 was essentially voided.
16 A. No, I don't know that. 16 Q. Anything else you recall after -- after
17 Q. Okay. And do you know whether JPMorgan 17 the wired funds had been returned?
18 Chase, in response to your email, in fact reached out 18 A. No.
19 to Chain Bridge Bank to check on the wire recall 19 Q. Do you recall when you received an email
20 process? 20 from the department of general services saying that
21 A. I don't know that. 21 they were cancelling the transaction?
22 Q. Do you recall whether anyone replied to 22 A. I mean, I know it was on that same day. I
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1 Q. And that's the procuring agency here? 1 it was probably a bad question.
2 A. I believe so, yes. 2 As I heard your conversation previously,
3 Q. "He requested to speak to someone in the 3 the conversation you had with Mr. Evinger was not
4 California state treasurer office right away to 4 about whether the wire amount was legitimate, is that
5 verify the wire amount is legitimate." 5 right?
6 Do you see that part? 6 A. That's right.
7 A. Yes. 7 Q. The topics that he raised went to whether
8 Q. What did you understand Ms. Chang to be 8 there was something problematic with Blue Flame
9 informing you of there? 9 Medical being the recipient of the wire, isn't that
10 A. That she wanted someone from my office to 10 right?
11 contact Chain Bridge Bank. 11 MR. MADDEN: Objection to form,
12 Q. And does this refresh your memory of how 12 foundation, misstates the testimony.
13 you got Mr. Evinger's number and contact information 13 BY MR. WHITE:
14 to make the call that you were speaking about 14 Q. You can answer.
15 earlier? 15 A. The conversation was with regard to
16 A. Yes. This is what prompted me to call 16 informing the treasurer's office that the account had
17 him. 17 just been opened the day prior and that the account
18 Q. Okay. So it was this email that caused 18 holder was a lobbyist. I don't remember specifically
19 you to call him. And was Mr. Brough also on the 19 speaking about a dollar amount.
20 line? 20 Q. I see. So -- so the conversation was not
21 A. I don't remember speaking to a second 21 about whether the wire amount was right, correct?
22 person on the phone, so I don't know. 22 A. That's accurate.
Page 127 Page 129
1 Q. Okay. And that was you and Mr. Hariri? 1 Q. And the conversation was not about whether
2 Am I pronouncing his name correctly? 2 it was actually credited to the right account,
3 A. Yes, Hariri. 3 correct?
4 Q. Now, when the phone call was made, I don't 4 A. No, it wasn't.
5 recall you saying that there was any conversation 5 MR. MADDEN: Object -- objection to form.
6 about verifying that the wire amount is legitimate, 6 BY MR. WHITE:
7 which is what's referenced here. Was there any 7 Q. The conversation was about whether this
8 conversation in your -- let me start that over. 8 was a legitimate counterparty on the other side,
9 When you spoke with Mr. Evinger, was there 9 isn't that right?
10 any conversation about verifying the wire amount as 10 MR. MADDEN: Objection to form,
11 legitimate? 11 foundation, misstates the testimony.
12 A. I don't remember specifically speaking of 12 BY MR. WHITE:
13 that, no. 13 Q. You can answer.
14 Q. As a matter of fact, the conversation was 14 A. Yeah, I don't know if it was so much
15 all about potentially problematic aspects of the 15 legitimacy. It was just I really couldn't speak to
16 transaction involving Blue Flame, isn't that right? 16 why he called. Apparently it was -- there was some
17 MR. MADDEN: Objection to form, 17 concern. So --
18 foundation. 18 Q. But the concern was not about the amount
19 BY MR. WHITE: 19 of the wire or whether it got to the correct account,
20 Q. You can answer. 20 was it?
21 A. Can you repeat the question? 21 A. No, in the fact that we didn't discuss the
22 Q. Sure. Let me try a different one because 22 amount or the account number.
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Case 1:20-cv-00658-LMB-IDD Document 130-62 Filed 05/06/21 Page 11 34
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1 Q. The only things Mr. Evinger brought up 1 THE VIDEOGRAPHER: Off the record at 4:42.
2 were that, according to him, the person who opened 2 (Recess.)
3 the account was a lobbyist and that the account had 3 THE VIDEOGRAPHER: We are now back on the
4 been recently opened. Is that your recollection? 4 record. The time is 4:47 p.m.
5 A. That's what I remember. 5 BY MR. WHITE:
6 Q. And what did -- what did that mean to you? 6 Q. Just one final area, Ms. Gonzales. You
7 Why did you think he was mentioning those issues? 7 mentioned that you thought that Mr. Evinger was doing
8 MR. MADDEN: Objection to form, compound. 8 his diligence, I think in response to the last
9 BY MR. WHITE: 9 question I asked you.
10 Q. Let me ask one question. Why did you 10 Was he asking you any questions about Blue
11 think he was bringing up those issues? 11 Flame Medical?
12 A. Well, I think he was probably concerned 12 A. I don't remember him asking me any
13 because of the size of the wire, though he didn't 13 questions.
14 talk about the dollar amount. I think that it was 14 Q. From what it -- from what you said, it
15 probably definitely unusual for his bank to receive a 15 sounds like he was telling you things about Blue
16 wire of that size. 16 Flame Medical that he thought you might not know. Is
17 Q. And what did you understand his concern to 17 that accurate?
18 be? 18 A. That's what it seemed like.
19 A. I -- 19 Q. How is that him doing diligence? What did
20 MR. MADDEN: Objection to form, 20 you mean by that?
21 speculation. 21 MR. MADDEN: Object to form.
22 THE WITNESS: I don't know. 22 THE WITNESS: I don't know. It seemed to
Page 131 Page 133
1 BY MR. MADDEN: 1 me like he was making sure that the wire was correct
2 Q. So you don't know what his concern was? 2 and accurate.
3 MR. MADDEN: Same objection. 3 BY MR. WHITE:
4 MS. PORTER: Asked and answered. 4 Q. But I thought you said that there weren't
5 THE WITNESS: I don't know what his 5 any questions about the amount or the counterparty,
6 concern specifically was. I assumed he was maybe 6 is that right?
7 doing his due diligence. I don't know. 7 A. No, there --
8 BY MR. WHITE: 8 MR. MADDEN: Objection -- objection to
9 Q. And during that phone call, did 9 form. Sorry.
10 Mr. Evinger tell you that the money had already been 10 BY MR. WHITE:
11 credited to the Blue Flame Medical account? 11 Q. I'm sorry, Ms. Gonzales, go ahead.
12 A. No, he did not. 12 A. No, there weren't any about the amount.
13 Q. Matter of fact, he stated the opposite, 13 I -- I don't really know what he was thinking.
14 correct? 14 Q. Fair enough.
15 A. He didn't state it. We asked if it had 15 MR. WHITE: That's all the questions I
16 been. He said no, and we asked him to wait. 16 have, Ms. Gonzales. Thank you very much for your
17 Q. Ms. Gonzales, I think if we take maybe a 17 patience with the technology and otherwise.
18 five-minute break, I may not have any other questions 18 MR. SCHOENFELD: No questions from JPMC.
19 but I want to check with my cocounsel. So I think 19 MR. MADDEN: No further questions from
20 the most efficient thing to do would be to go off the 20 defendants.
21 record for a few minutes now. 21 MS. PORTER: No questioning from me.
22 A. Okay. 22 THE VIDEOGRAPHER: Okay. We are off the
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1
record. The time is 4:49 p.m.
2
(Whereupon, at 4:49 p.m. EST, the taking
3
of the instant deposition ceased.)
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Page 135
1 CERTIFICATE OF REPORTER
2 UNITED STATES OF AMERICA ) ss.:
3 STATE OF MARYLAND )
4 I, MARY GRACE CASTLEBERRY, RPR, the officer
5 before whom the foregoing deposition was taken, do
6 hereby certify that the witness whose testimony
7 appears in the foregoing deposition was duly sworn by
8 me; that the testimony of said witness was taken by
9 me to the best of my ability and thereafter reduced
10 to typewriting under my direction; that I am neither
11 counsel for, related to, nor employed by any of the
12 parties for the action in which this deposition was
13 taken, and further that I am not a relative or
14 employee of any attorney or counsel employed by the
15 parties thereto, nor financially or otherwise
16 interested in the outcome of the action.
17
18 ----------------------------
Notary Public in and for
19 the State of Maryland
20
21 My commission expires: 07/18/2023
22
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