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Home Source documents Videotape Deposition of Mike Gula — Blue Flame Medical LLC v. Chain Bridge Bank, N.A. (E.D. Va., Dkt. 132-1)

Videotape Deposition of Mike Gula — Blue Flame Medical LLC v. Chain Bridge Bank, N.A. (E.D. Va., Dkt. 132-1)

Summary

Case 1:20-cv-00658, Document 132-1, is Exhibit 1, the transcript of the remote videotape deposition of Mike Gula, taken by Zoom on Tuesday, January 12, 2021, in Blue Flame Medical LLC v. Chain Bridge Bank, N.A. In the pages shown, the witness testifies that Blue Flame Medical LLC was formed with Mr. Thomas in March of the prior year and that Blue Flame Strategies and Red Line Strategies were consulting companies. The questioning covers an email in which Mr. Thomas wrote that the wire should not get "held up by the FBI or something" and a reply from Mr. Bearman advising the witness to be "very clear" with the bank about the incoming orders. It also covers a reply to Maria Cole reading "450 million from the state of California (not a typo)".

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Videotape Deposition of Mike Gula — Blue Flame Medical LLC v. Chain Bridge Bank, N.A. (E.D. Va., Dkt. 132-1).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-20-cv-00658-dkt-132-1-e-d-va-9fd40549d1/, SHA-256 63689a4861a92cf64726d0274b96dc25a6cd1078768addfc1172b7635590d2b5.

Full text

Case 1:20-cv-00658-LMB-IDD   Document 132-1   Filed 05/07/21   Page 1 of 27 PageID#
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          EXHIBIT 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,                                     :       CONFIDENTIAL

 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                                     Tuesday, January 12, 2021

 21                  Videotape Deposition via Zoom of MIKE

 22   GULA, a witness herein, called for examination by

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  1   running in California.

  2          Q.      Running for the United States Congress?

  3          A.      Yes.

  4          Q.      Did you develop a personal friendship with

  5   Mr. Thomas over the last three years?

  6          A.      Of course.

  7          Q.      In March of last year, you and Mr. Thomas

  8   formed Blue Flame Medical LLC, correct?

  9          A.      That's correct.

 10          Q.      Can you give me the background as you

 11   remember it as to how that came about?

 12          A.      John and I wanted to help people.                  There

 13   was a massive need.           We had an opportunity to help

 14   millions of people and we wanted to help and that's

 15   how that business came about.

 16          Q.      Whose brainchild was this in the first

 17   instance?      Was it yours or Mr. Thomas' or somebody

 18   else's?

 19          A.      I can't recall who came to one another

 20   first.      It's like we came together at the same time.

 21          Q.      When did you first have discussions about

 22   forming this enterprise?

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  1   paperwork was filed.

  2          Q.      Did you form Blue Flame Strategies and Red

  3   Line Strategies before you formed Blue Flame Medical?

  4          A.      I believe so, yes.

  5          Q.      Given that you had those two companies set

  6   up, why did you form a new company called Blue Flame

  7   Medical?

  8          A.      Because those other two companies had

  9   other business interests that we did not want to --

 10   that we just wanted a different entity for it, for

 11   Blue Flame Medical.

 12          Q.      What were the business interests of Blue

 13   Flame Strategies and Red Line Strategies?

 14          A.      From what I can remember, consulting.

 15          Q.      All right.        Are you finished?

 16          A.      Yes.

 17          Q.      So does consulting refer to both Blue

 18   Flame Strategies and Red Line Strategies?                    That was

 19   their business?

 20          A.      Yes.

 21          Q.      Do you know somebody named Matt Littman,

 22   L-i-t-t-m-a-n?

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  1          Q.      What did he say?

  2          A.      From the conversations with him, he would

  3   not have said he could do something unless he said

  4   could do it.       And any time I asked him what could be

  5   supplied, he gave me an honest answer.                  And I

  6   believed him.

  7          Q.      Can we pull up Defendant's Exhibit 19 from

  8   yesterday, please.          I thought that was tab 54.

  9          A.      Okay.     I've read the email.

 10          Q.      Tab 54 is an email exchange on March 25th

 11   at Bates BFM 66391.           Have you seen this document

 12   before?

 13          A.      Yes.

 14          Q.      Did you look at it yesterday?

 15          A.      No.

 16          Q.      At the very bottom, there is an email from

 17   Mr. Thomas at 1:09 a.m. on the 25th and it says, "So

 18   it doesn't get held up by the FBI or something.

 19   Thanks."      Right?

 20          A.      That's what he said.

 21          Q.      And I -- I discussed with Mr. Thomas

 22   yesterday, and I believe he agreed, that although the

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  1   formatting of this page doesn't include a subject or

  2   a Re line, his subject is the one that's up at the

  3   top that says, "Gula make sure the bank knows the

  4   wire is coming so it doesn't get held up by the FBI

  5   or something.          Thanks."

  6                  Does that make sense to you?

  7          A.      Complete.

  8          Q.      What did you understand his reference to

  9   being held up by the FBI or something to mean?

 10          A.      That you need to make sure your bank is

 11   very aware of the transaction that's about to happen.

 12          Q.      Right.       What does the FBI have to do with

 13   it?

 14          A.      I don't know.

 15          Q.      And then you respond, "Got it.                  From who?

 16   California government, correct?"                     Right?

 17          A.      True, yes.

 18          Q.      You were confirming that he was

 19   referencing the California transaction?

 20          A.      That's correct.            Because we had a number

 21   of transactions that we were working on.

 22          Q.      And then there's a reply to all by

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  1   Mr. Bearman a few hours later.                 And he says, "Mike, I

  2   was the one who warned John about this.                   I've worked

  3   with banks.       Odd money moves raise red flags and can

  4   hold up transactions."

  5                  Do you see that?

  6          A.      I do.

  7          Q.      Did you regard that as good advice?

  8          A.      Great advice.          I didn't regard it as being

  9   anything but from legal counsel communicating that he

 10   had experience working with banks.

 11          Q.      Did you have any experience with the fact

 12   that odd money moves could raise red flags?

 13          A.      I believe that a large transaction would

 14   raise any kind of flag, which is why I want to be

 15   very clear with the bank that was receiving the

 16   money.

 17          Q.      Mr. Bearman goes on to say, "Be very

 18   clear," in all caps, "with the bank that we have

 19   gigantic orders coming in from the state of

 20   California and we will provide documentation of the

 21   order," right?

 22          A.      Absolutely.

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  1          Q.      And did you regard that as good advice?

  2          A.      Not just good advice, but listened to

  3   chief legal counsel and made it very clear to Chain

  4   Bridge Bank.

  5          Q.      That you had a gigantic order coming in,

  6   right?

  7          A.      Absolutely.

  8          Q.      And -- and that you should provide it with

  9   documentation of the order, right?

 10          A.      That I should make Chain Bridge Bank very

 11   aware of the transaction.

 12          Q.      Well, did you -- what did you think of the

 13   advice that -- of telling Chain Bridge Bank that we

 14   will provide documentation of the order?

 15          A.      I --

 16          Q.      Did you regard that as good advice?                   I'm

 17   sorry.

 18          A.      Chain Bridge Bank?            If Chain Bridge Bank

 19   asked us for any document, we would have provided it.

 20          Q.      Would there be any reason not to provide

 21   it?

 22          A.      I was very clear with both David and John

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  1   that I would provide any documentation, be happy to

  2   provide any documentation and to please ask me as

  3   many questions as they wanted.

  4          Q.      And if -- if a customer failed to provide

  5   requested documentation, could that raise a red flag

  6   for the banker?

  7                  MR. WHITE:        Objection.         Calls for

  8   speculation.       You can answer if you know.

  9                  THE WITNESS:         I don't know.        Chain Bridge

 10   Bank had a number of opportunities to ask me any

 11   further questions or ask me for any documents that

 12   they wanted outside --

 13   BY MR. ORSECK:

 14          Q.      Did Chain Bridge Bank ever -- I'm sorry.

 15   I thought you were finished.

 16          A.      -- outside of my extensive conversations

 17   with them.

 18          Q.      Did Chain Bridge Bank ever ask you for

 19   documentation of the order?

 20          A.      If Chain Bridge Bank did, I absolutely

 21   provided it and proactively sent them a document of

 22   where we were going to be wiring the money, without

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  1   to come to the bank?

  2          A.       I know I was asked by Chain Bridge to come

  3   to the bank.

  4          Q.       Just the week before, you had opened up

  5   bank accounts for Blue Flame Strategies and Red Line

  6   Strategies remotely.              Why didn't you handle this

  7   remotely for Blue Flame Medical?

  8          A.       I believe I opened up a remote -- I

  9   believe I opened it up remotely with Blue Flame

 10   Medical.

 11          Q.       And you have other bank accounts or had

 12   other bank accounts at Chain Bridge Bank; is that

 13   right?

 14          A.       Correct.

 15          Q.       How long of a banking relationship did you

 16   have with Chain Bridge Bank at this point?

 17          A.       I believe over 10 years.               I believe I

 18   started as soon as the bank was opened.

 19          Q.       And did you have one account or more than

 20   one account at Chain Bridge Bank?

 21          A.       I had all my business and personal

 22   accounts with Chain Bridge Bank.

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  1          Q.       Going back roughly 10 years, right?

  2          A.       Or longer.          As soon as the bank was open,

  3   I believe I was a member of the bank.

  4          Q.       Did you ever go in person to open any of

  5   those bank accounts?

  6          A.       I don't believe so.               I may have.     It's

  7   been over 10 years.              I may have -- I may have done

  8   that.     I had a very close relationship with them.

  9          Q.       Do you remember Mr. Castagnello?                  Do you

 10   remember meeting with him?

 11          A.       Not particularly, no.

 12          Q.       Do you remember sitting down with him in

 13   person and giving him your estimate of the monthly

 14   dollar amount of wires that would be coming in and

 15   going out of the new Blue Flame Medical account?

 16          A.       I'm very sure I did not actually sit down

 17   with him because you were not allowed in the bank at

 18   the time due to COVID restrictions.

 19                   I do remember him handing me a sheet of

 20   paper, which I did fill out in the auxiliary room,

 21   you would call it, before you get actually physically

 22   in the bank.

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  1   1461, which is the second page, includes email

  2   traffic we've seen earlier today between you and

  3   Maria Cole where she says at 12:28, "Please find the

  4   verification letter and wiring instructions."

  5                   Do you see that?

  6          A.       I do.

  7          Q.       And then you responded, "Also need email

  8   ASAP when the wire hits California."                    Remember we

  9   looked at that earlier?

 10          A.       Yes.

 11          Q.       And then if you could go to the first

 12   page, she emails you at 4:11 p.m. at the bottom.

 13                   Do you see that?

 14          A.       At 4:11?

 15          Q.       At the very bottom.

 16          A.       Yes.

 17          Q.       And Maria says, "Hi, Mike.               This wire

 18   you're waiting for, how much are you expecting and

 19   who is the originator," correct?

 20          A.       Correct.

 21          Q.       And then she says, "Our wire department

 22   would like to know it" -- "know to track it and let

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  1   you know.       I'm assuming is coming to your new

  2   account, Blue Flame Medical," right?

  3          A.       Correct.

  4          Q.       And then you respond at 4:12, one minute

  5   later, "450 million from the state of California (not

  6   a typo) Blue Flame Medical," correct?

  7          A.       Correct.

  8          Q.       So by this email, you were telling Maria

  9   Cole the size of the wire that she should be

 10   expecting, correct?

 11          A.       That's correct.

 12          Q.       And why did you write "not a typo" in

 13   parens?

 14          A.       I didn't want there to be any confusion of

 15   the size of the wire and they were very clear on the

 16   size of the wire.

 17          Q.       You wanted to be very clear on the size of

 18   the wire?

 19          A.       For them to be aware of the size of the

 20   wire.

 21          Q.       And she responds at 4:21 and says, "Thank

 22   you for letting us know.                 We would like to know how

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  1   long you are planning to keep these funds on your

  2   account," right?

  3          A.       She did ask that.

  4          Q.       And then she says, "With such dollar

  5   amount, we need to inform our financial department

  6   about these funds and how long they will stay in your

  7   account."

  8                   She emailed you that at 4:21, right?

  9          A.       Yes.

 10          Q.       And then you ask, "When is the wire cutoff

 11   time and what are operational days," correct?

 12          A.       That's correct.

 13          Q.       Is it fair to say you were eager to

 14   receive the wire?

 15          A.       Yes, because we needed to order N95s to

 16   save lives.

 17          Q.       Earlier we looked at the 11:19 email --

 18   well, it's on this same document.                      No, I guess it's

 19   not on this document.               Give me a moment.

 20                   Yeah, in Exhibit 44, we looked at an 11:00

 21   a.m. email from you to Ms. Cole that said, "Also" --

 22   it's right here.            Forgive me.         On the very document

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  1          Q.       What time did the call occur?

  2          A.       After 4:12.

  3          Q.       How do you know?

  4          A.       Because that's what my Verizon records

  5   indicate and I know that's what prompted the call.

  6          Q.       What prompted the call?

  7          A.       My email to Ms. Cole.

  8          Q.       I'm lost.         What email prompted the call?

  9          A.       When I told Maria Cole the size of the

 10   wire, that's when the bank president called me.

 11          Q.       I see.       And that -- you're referring to

 12   the 4:12 email from you at page 1434 in Exhibit 54,

 13   right?

 14          A.       Yes.

 15          Q.       Does your Verizon record tell us how long

 16   the call lasted?

 17          A.       Nineteen minutes.

 18          Q.       Did you make a recording of the call?

 19          A.       I really wish I did.

 20          Q.       Did you tell Mr. Evinger and Mr. Brough

 21   that Great Health Companion would be the supplier and

 22   that he was a friend of Blue Flame Medical?

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  1          A.       I told Mr. Evinger and Brough that we

  2   had -- we were going to be supplying California with

  3   100 million masks with multiple suppliers.                       I'm sure

  4   I said Great Health Companion was one of them.

  5          Q.       Did you say that Mr. Huang's factory or

  6   factories would be retooled to make the masks?

  7          A.       I'm unsure of that specific point.

  8          Q.       Was that your understanding on March 25th?

  9          A.       My understanding was that Henry was going

 10   to be able to supply 100 million masks for this order

 11   if needed.

 12          Q.       Forgive me, but I feel like you're evading

 13   my question.        And I know I'm going to get an

 14   objection from that.              But I'm asking you something

 15   specific and I'm hoping, so that we can get through

 16   this, you can say yes, I remember that or no, I don't

 17   remember that or something else.

 18                   So my question is, was it your

 19   understanding on the 25th that Mr. Huang would be

 20   retooling his factory or factories in order to make

 21   the masks that you intended to supply to California?

 22          A.       That's a very odd word choice that I may

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  1                   (Recess.)

  2                   THE VIDEOGRAPHER:              We are now back on the

  3   record.      The time is 3:27 p.m.

  4   BY MR. ORSECK:

  5          Q.       Mr. Gula, did Mr. Brough and Mr. Evinger

  6   tell you what the purpose of their call at 4:12 p.m.

  7   was?

  8          A.       They just wanted to know more about the

  9   transaction and the wire.

 10          Q.       What did you tell them?

 11          A.       I told them that we had just received an

 12   opportunity to provide 100 million masks for the

 13   state of California, that we had a new business, that

 14   we were going to be providing PPE all around the

 15   world and we had an incredible opportunity to help a

 16   lot of people and that we wanted to continue to bank

 17   with Chain Bridge Bank.

 18                   And I wanted to be open and transparent

 19   with them on any aspect and answer any questions that

 20   they may have because I had such a long, comfortable,

 21   great relationship both personally and professionally

 22   with them.       And we just went through this new

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  1   opportunity and business in my life.

  2                   They started the phone call with you're

  3   covered by the Bank Secrecy Act.                       I didn't really

  4   know what that meant.               But I think it was them saying

  5   that what I expressed to them would be held

  6   confidential.

  7          Q.       Do you remember anything else that they

  8   said to you on the call?

  9          A.       Oh, yeah.         They did ask how long money

 10   would be in the account and I said for the

 11   foreseeable future.              They told me that they could

 12   protect the money by, quote, "spreading it out."                           I

 13   didn't really understand what that meant, but I was

 14   very comfortable with what they were telling me.

 15                   They welcomed the transaction.                  And at no

 16   point was there a hesitation, a brain cell hitting

 17   another brain cell that we should not wire 450-plus

 18   million dollars to Chain Bridge Bank.                      They gave me

 19   no indication, whether it was by tone or words, that

 20   they were not comfortable receiving a wire of this

 21   size.

 22          Q.       Do you recall them saying anything else at

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  1   all?

  2          A.       I remember them saying congratulations,

  3   that they would be in touch and that they were happy

  4   for me because they knew John.                    They knew everything

  5   I've been through.             I've been with them since the

  6   beginning and they were -- I took it as excitement

  7   that they would be instantly banking.                     We chose

  8   specifically to bank with Chain Bridge Bank and not

  9   go somewhere else.

 10          Q.       Do you recall them saying anything else?

 11          A.       No.    They honestly didn't do -- or from my

 12   recollection -- a lot of talking.                      I did the majority

 13   of the speaking and kept telling them repeatedly, ask

 14   me whatever you want.               I want you very comfortable

 15   and this is what we will be doing.

 16          Q.       You said they knew John.                You mean John

 17   Thomas?

 18          A.       John Graham.           They knew John Graham.

 19          Q.       I see.       I see.       Did they know John Thomas?

 20          A.       I don't believe they knew John Thomas, no.

 21          Q.       Did they tell you what prompted their call

 22   at 4:19 or 4 -- you said it was 4:12?                     4:12, right?

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  1          A.       It was after the email with Maria.

  2          Q.       Oh, yeah.         Does your -- does your phone or

  3   your Verizon record tell you the time at which that

  4   call began?

  5          A.       Yes.

  6          Q.       Do you know that off the top of your head?

  7          A.       No, but I could find it in two seconds.

  8          Q.       You can find it while you're sitting

  9   there?

 10                   MR. WHITE:          He's not going to be looking

 11   away from the deposition.                 We could try to find it at

 12   a break if that's helpful, but --

 13                   MR. ORSECK:          Okay.

 14                   MR. WHITE:          -- not while we're on the

 15   record.

 16                   MR. ORSECK:          All right.        That's fine.

 17                   Carolyn, can we pull up tab 256, which is

 18   going to be Exhibit 55?

 19                          (Defendant's Exhibit No. 55 was

 20                          marked for identification.)

 21   BY MR. ORSECK:

 22          Q.       This is an email string running from BFM

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Mike Gula                            CONFIDENTIAL                              1/12/2021
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  1   Exhibit 55 which we introduced a few minutes ago.

  2   This is the email chain between you and Mr. Brough

  3   and Mr. Evinger.            It begins at BFM 74101.

  4          A.       Yes, I have it open.

  5          Q.       On the second page of this at 74102,

  6   there's an email at, I think it's 1:34 p.m. that

  7   actually starts on the bottom of 74101, from you to

  8   Brough and Evinger and it says, "Can someone call me

  9   ASAP, please," and it gives a phone number.

 10                   Do you see that?

 11          A.       I do.

 12                   MR. WHITE:          I don't, Counsel.         Can you

 13   tell me what page that is again?

 14                   MR. ORSECK:          Yeah.      The header of the

 15   email is at the very bottom of the first page, 74101,

 16   and then it carries on over to 74102.

 17                   MR. WHITE:          Now I'm with you.         Thank you.

 18   BY MR. ORSECK:

 19          Q.       Why were you asking for someone to call

 20   you ASAP?

 21          A.       Because my account -- my accounts were

 22   frozen and I was unable to open any account.

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                                 www.aldersonreporting.com                 (800.367.3376)
Mike Gula                            CONFIDENTIAL                              1/12/2021
    Case 1:20-cv-00658-LMB-IDD     Document 132-1 Filed 05/07/21   Page 22 of 27 Page 206
                                    PageID# 2448

  1   said, "Coming in.            Are you there?            Need to verify in

  2   person," right?

  3          A.       Yeah.       I don't know what "need to verify

  4   in person" means.            This was under caution.             I don't

  5   know if that was autopopulated from him since --

  6          Q.       Okay.       You wrote the subject line and

  7   you're not sure about the rest?

  8          A.       That's correct.

  9          Q.       And did you go into Chain Bridge Bank that

 10   afternoon?

 11          A.       I went to Chain Bridge Bank that

 12   afternoon.

 13          Q.       Do you know what time you arrived?

 14          A.       Sometime after 2:16.

 15          Q.       What happened when you got there?

 16          A.       I met with David and John outside the

 17   bank.     I asked them what happened.                  I said, you knew

 18   this wire was coming.               You were comfortable with the

 19   wire.     You had no problem yesterday.                  What changed?

 20                   They wouldn't specifically tell me in any

 21   detail other than I believe they wouldn't be

 22   receiving the transaction and they wanted to close

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Mike Gula                            CONFIDENTIAL                              1/12/2021
    Case 1:20-cv-00658-LMB-IDD     Document 132-1 Filed 05/07/21   Page 23 of 27 Page 207
                                    PageID# 2449

  1   Blue Flame Medical.              I repeatedly asked why very

  2   politely, almost embarrassingly, because we

  3   specifically had a conversation the day before of the

  4   size, why and what we were doing and they had no

  5   problem with it.            And they just said, I believe, just

  6   'cause.      They wouldn't give me an explanation.

  7                   I then asked, well, I have other accounts.

  8   Are those okay?            They said, yes, those are --

  9   accounts are okay and kept those accounts open, which

 10   confused me even more.

 11          Q.       Do you remember anything else that you

 12   said or they said during that meeting?

 13          A.       No, they would not -- they were not very

 14   forthcoming given the extent of the conversation that

 15   I had with them the day before.

 16          Q.       How long did the meeting last?

 17          A.       Anywhere from five to 15 minutes.

 18          Q.       Was anyone other than the three of you in

 19   attendance at the meeting?

 20          A.       No.

 21          Q.       Did you ask -- did they tell you that

 22   California's bank had requested return of the wire?

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Mike Gula                            CONFIDENTIAL                               1/12/2021
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  1          A.       No.

  2          Q.       Did you ask where the money was at that

  3   point?

  4          A.       No, I didn't because they sent -- they

  5   told me in the email it was sent back.                       I didn't ask

  6   where it was.         I just know it wasn't in my account

  7   where it was.

  8          Q.       The email, which is Defendant's 55, says,

  9   "We received official notice from the sending bank to

 10   return the wire."

 11                   Did anybody ever tell you that, by the

 12   time of your meeting, they had returned the wire?

 13          A.       No.    I just know it was in my account and

 14   by the time I showed up, it was not in my account.

 15   And I know it was in my account because it was a

 16   rather large number next to other small numbers in

 17   retrospect.

 18          Q.       Did you ask them to -- not to return the

 19   money to California or its bank?

 20          A.       They didn't ask.             They just took it.

 21          Q.       Did you ask them during the meeting not to

 22   do that?

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Mike Gula                            CONFIDENTIAL                              1/12/2021
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                                    PageID# 2451

  1          A.       They didn't ask to take money out of my

  2   account.      They just took money out of my account

  3   without asking.

  4          Q.       I'm going to try it again.               Did you say to

  5   them, don't send the money back?

  6          A.       I didn't have the opportunity because they

  7   had already stolen the money out of my account.

  8          Q.       Do you know when the money was sent back

  9   to JPMorgan Chase?

 10          A.       No, I don't.           I just know it was in there

 11   along with my other account money, and then it

 12   wasn't.

 13          Q.       Did you make any notes of this meeting?

 14          A.       No, I don't -- I did not make any physical

 15   notes.

 16          Q.       After the meeting, did you have any

 17   conversations with Mr. Thomas or Mr. Bearman or

 18   anybody else associated with Blue Flame?

 19          A.       Yes.

 20          Q.       What conversations did you have?

 21          A.       I apologized to them for trusting that

 22   Chain Bridge Bank was going to honor what they said,

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Mike Gula                            CONFIDENTIAL                              1/12/2021
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                                    PageID# 2452

  1   that they could accept the wire and using Chain

  2   Bridge Bank.        Had I known Chain Bridge Bank would

  3   steal our money, I wouldn't have used Chain Bridge

  4   Bank.     I said I have no idea why they did what they

  5   did given I told them the day before.

  6          Q.       Was it a conference call that you had with

  7   Mr. Thomas and Mr. Bearman?

  8          A.       It more than likely was a conference call

  9   at the same time.

 10          Q.       Do you remember saying anything else to

 11   them besides apologizing to them for trusting Chain

 12   Bridge Bank?

 13          A.       I believe I remember telling them I truly

 14   don't understand their problem given they kept my

 15   other accounts open.              So I couldn't have been that

 16   bad of a guy and I personally couldn't have been

 17   anything bad if they kept my other accounts open or

 18   they would have just kicked me out of the bank, which

 19   they did not do.            So if they had a problem with me,

 20   they would have canceled everything else.

 21          Q.       Did -- and you said that on the call with

 22   them?

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Mike Gula                            CONFIDENTIAL                               1/12/2021
    Case 1:20-cv-00658-LMB-IDD     Document 132-1 Filed 05/07/21    Page 27 of 27 Page 221
                                    PageID# 2453

  1   yet?

  2          A.       Well, no, there's a difference.                   I

  3   received an email saying the wire had been received

  4   but had not credited my account.                       There was a time

  5   lapse.      So "nothing yet" meant in the specific Blue

  6   Flame Medical account at Chain Bridge Bank.                        There's

  7   a difference between an incoming wire confirmation

  8   and actually hitting our account.

  9          Q.       Right.

 10          A.       And I saw --

 11          Q.       Sorry.       We looked earlier at an exhibit

 12   that was Exhibit 57 that showed that you got

 13   notification of the wire at 11:59 a.m.                       And this is

 14   8:02 a.m. the same day.                So am I right that the wire

 15   hadn't arrived at the bank yet?

 16          A.       I'd received an incoming wire email and

 17   then I saw it credit my account.

 18          Q.       Sure.       But the incoming wire email didn't

 19   come until four hours later than this text message

 20   where you say, "Nothing yet," correct?

 21          A.       That could have been California time

 22   because California would not have sent a wire at 5:00

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