Pandemic Darlings The pandemic economy, in original documents
Home Source documents Videotape Deposition of John Thomas — Blue Flame Medical LLC v. Chain Bridge Bank, N.A. (E.D. Va., Dkt. 150-2)

Videotape Deposition of John Thomas — Blue Flame Medical LLC v. Chain Bridge Bank, N.A. (E.D. Va., Dkt. 150-2)

Summary

This is Exhibit 86 in Document 150-2 of Case 1:20-cv-00658, excerpts of the remote videotape deposition via Zoom of John Thomas, taken Monday, January 11, 2021. Questioning covers a March 19th email introducing Jason Lee as holding 100 million masks at the Port of Long Beach, the request for "proof of life" photos, and a March 20th email to California saying "We have 100 million 3M masks." The witness repeatedly says he does not recall details such as a written agreement or price with Lee. The final page has the witness describing buying power with Henry Huang's company.

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 John Thomas — Blue Flame Medical LLC v. Chain Bridge Bank, N.A. (E.D. Va., Dkt. 150-2).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-20-cv-00658-dkt-150-2-e-d-va-d367aa26a3/, SHA-256 188a1fde23d322bcedc3ac17a5ee4e3cbd536243103316d5b7fe4a5ac2cfb332.

Full text

Case 1:20-cv-00658-LMB-IDD   Document 150-2   Filed 05/20/21   Page 1 of 35 PageID#
                                     3632




       EXHIBIT 86
John Thomas                        CONFIDENTIAL                                1/11/2021
 Case 1:20-cv-00658-LMB-IDD   Document 150-2 Filed 05/20/21    Page 2 of 35 PageID#
                                                                                  Page 1
                                      3633

  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                                      Monday, January 11, 2021

 21                   Videotape Deposition via Zoom of JOHN

 22    THOMAS, a witness herein, called for examination by

                                 www.trustpoint.one                       800.FOR.DEPO
                               www.aldersonreporting.com                   (800.367.3376)
John Thomas                        CONFIDENTIAL                               1/11/2021
 Case 1:20-cv-00658-LMB-IDD   Document 150-2 Filed 05/20/21   Page 3 of 35 PageID#
                                                                                Page 59
                                      3634

  1                   (Recess.)

  2                           (Defendant's Exhibit No. 3 was marked

  3                           for identification.)

  4                   THE VIDEOGRAPHER:            We are now back on the

  5    record.     The time is 11:43 a.m.

  6    BY MR. ORSECK:

  7           Q.      Mr. Thomas, we've marked as Defendant's

  8    Exhibit 3 a three-page email string and I'll ask you

  9    to scroll to page 3 of 3 on the PDF.                   The Bates is

 10    8868.    Let me know when you've got it.

 11           A.      Okay.     I have it.

 12           Q.      It appears that on March 19th at 4:05

 13    p.m., you sent an email to Jason Lee, Mike Gula and

 14    others, subject line, 100 million masks sitting at

 15    Port of Long Beach - intro.

 16                   Then you write, "Team meet Jason Lee.                    He

 17    is sitting on 100 million masks in Long Beach.                       He

 18    wants to sell to us.           Jason meet my crack team who

 19    will sell your product quickly."

 20                   Who is Jason Lee.

 21           A.      He is one of our suppliers.

 22           Q.      When did you meet him?

                                 www.trustpoint.one                      800.FOR.DEPO
                               www.aldersonreporting.com                  (800.367.3376)
John Thomas                        CONFIDENTIAL                               1/11/2021
 Case 1:20-cv-00658-LMB-IDD   Document 150-2 Filed 05/20/21   Page 4 of 35 PageID#
                                                                                Page 60
                                      3635

  1           A.      You know, I don't recall the specific

  2    date, but sometime in March.

  3           Q.      Had you ever known Mr. Lee prior to March

  4    2020?

  5           A.      I don't believe so.

  6           Q.      And what was your basis for emailing your

  7    team and advising that he had 100 million masks in

  8    Long Beach?

  9           A.      I believe I had spoken extensively with

 10    Mr. Lee about his capacities and product

 11    availabilities and he had told us that he had those

 12    masks at the Port of Long Beach.

 13           Q.      You just said he told us.               Who is the "us"

 14    who he said that to?

 15           A.      My company.        You know, told me.

 16           Q.      I'm wondering if he told it to you or

 17    anybody in addition to you.

 18           A.      You know, I don't specifically recall.

 19           Q.      Was this a phone call or by some other

 20    means?

 21           A.      Phone call.

 22           Q.      Where exactly were the 100 million masks

                                 www.trustpoint.one                      800.FOR.DEPO
                               www.aldersonreporting.com                  (800.367.3376)
John Thomas                        CONFIDENTIAL                               1/11/2021
 Case 1:20-cv-00658-LMB-IDD   Document 150-2 Filed 05/20/21   Page 5 of 35 PageID#
                                                                                Page 61
                                      3636

  1    being stored as he related it to you?

  2           A.      At the Port of Long Beach.

  3           Q.      Did he tell you where at the Port of Long

  4    Beach he was storing them?

  5           A.      Well, it would be where any product that

  6    just comes in from the port would be stored.                      So at

  7    the Port of Long Beach.

  8           Q.      You don't know anything more specific than

  9    that?

 10           A.      You know, I seem to recall having

 11    conversations where in the port it was, but I can't

 12    recall the specifics relating to that.

 13           Q.      Are you familiar with the Port of Long

 14    Beach?

 15           A.      Somewhat.

 16           Q.      Have you ever been there?

 17           A.      Yes.

 18           Q.      When were you there?

 19           A.      You know, I don't recall.               It's been

 20    multiple times, but I don't recall.

 21           Q.      Have you been there since the first --

 22    first of the -- since January 1st, 2020?

                                 www.trustpoint.one                      800.FOR.DEPO
                               www.aldersonreporting.com                  (800.367.3376)
John Thomas                        CONFIDENTIAL                                1/11/2021
 Case 1:20-cv-00658-LMB-IDD   Document 150-2 Filed 05/20/21    Page 6 of 35 PageID#
                                                                                 Page 62
                                      3637

  1           A.      I don't recall.

  2                   MR. ORSECK:        Carolyn, can you put up tab

  3    154, please, and that will make Defendant's Exhibit

  4    4.

  5                   MS. FORSTEIN:          I just dropped it in the

  6    chat.

  7                           (Defendant's Exhibit No. 4 was marked

  8                           for identification.)

  9                   MR. WHITE:        Do you have that, Mr. Thomas?

 10                   THE WITNESS:         Yes, I do.         I'm sorry.      I'm

 11    looking at it.

 12    BY MR. ORSECK:

 13           Q.      All right.        We've marked as Exhibit 4 a

 14    two-page email string and I'll direct you on the

 15    first page to the second -- third email down.                       It's

 16    from you at 8:10 p.m. to Jason Lee.                    Are you there?

 17           A.      I'm here.

 18           Q.      And you say, "Jason, can you get us a

 19    picture of the product immediately?                    The team needs

 20    proof of product.          Just a few snaps of the mask is

 21    good," right?

 22           A.      Correct.

                                 www.trustpoint.one                       800.FOR.DEPO
                               www.aldersonreporting.com                   (800.367.3376)
John Thomas                        CONFIDENTIAL                               1/11/2021
 Case 1:20-cv-00658-LMB-IDD   Document 150-2 Filed 05/20/21   Page 7 of 35 PageID#
                                                                                Page 63
                                      3638

  1           Q.      And did you want a picture of the -- well,

  2    why did you want a picture of the product?

  3           A.      That's fairly standard.              It's one of the

  4    mechanisms that we use to verify the integrity of the

  5    product.      It's called proof of life.               And that can be

  6    with a picture.

  7           Q.      So you yourself hadn't seen them by this

  8    time, by the evening of March 19th, right?

  9           A.      You mean hadn't seen them, you mean in

 10    person; is that what you're asking?

 11           Q.      At all.      Had you seen them at all by the

 12    end of the day on March 19th?

 13           A.      You know, I don't recall the specific date

 14    of when I received a proof of life confirmation.                        So

 15    it's hard for me to say.

 16           Q.      He writes you back just above that and

 17    says, "I do not have access to the product until we

 18    fund escrow."

 19                   Do you see that?

 20           A.      I do.

 21           Q.      Does that refresh your recollection that

 22    at least as of the end of the day on March 19th, he

                                 www.trustpoint.one                      800.FOR.DEPO
                               www.aldersonreporting.com                  (800.367.3376)
John Thomas                        CONFIDENTIAL                               1/11/2021
 Case 1:20-cv-00658-LMB-IDD   Document 150-2 Filed 05/20/21   Page 8 of 35 PageID#
                                                                                Page 64
                                      3639

  1    hadn't sent you proof of life?

  2           A.      You know, I'm not sure because I believe

  3    our primary communication was telephonically.                      I seem

  4    to recall we had extensive conversations.                    And you've

  5    got to remember back at that -- back in the month of

  6    March, you know, an hour felt like a month.                     So a lot

  7    of things were happening.              So I can't actually say by

  8    the end of the day.           You know, I was working

  9    sometimes 22-hour days and so that would leave three

 10    and a half hours left in the day, which is a long

 11    time.

 12           Q.      I haven't seen -- okay.              I'm sorry to

 13    interrupt.      I haven't seen any correspondence of any

 14    sort in which Mr. Lee sent you a picture of the

 15    product.      Do you have any reason to think that he did

 16    that at some point later on on March 19th?

 17           A.      You know, I don't recall if that was on

 18    March 19th.       I don't recall.

 19           Q.      Did you physically go to the Port of Long

 20    Beach to see them yourself on the 19th?

 21           A.      You know, I attempted to do it several

 22    times, but I don't -- I don't know about March 19th.

                                 www.trustpoint.one                      800.FOR.DEPO
                               www.aldersonreporting.com                  (800.367.3376)
John Thomas                        CONFIDENTIAL                                1/11/2021
 Case 1:20-cv-00658-LMB-IDD   Document 150-2 Filed 05/20/21    Page 9 of 35 PageID#
                                                                                 Page 65
                                      3640

  1           Q.      Did you ever see these masks yourself?

  2           A.      What do you mean, in person?

  3           Q.      Did you ever see them in any way?

  4           A.      I believe I did see proof of life.                   I was

  5    unable to physically visit them in person.

  6           Q.      How do you believe you saw proof of life?

  7           A.      I seem to recall that I was sent proof of

  8    life.

  9           Q.      You seem to recall, but you don't have a

 10    specific recollection; is that right?

 11           A.      Correct.

 12           Q.      You think he sent you photos?

 13           A.      I seem to recall that, yes.

 14           Q.      You may not have the timeline in mind, but

 15    we'll get there through the documents.                   But I'll

 16    represent to you that the next day, March 20th, you

 17    began to engage with California about a potential

 18    transaction.       That's Friday, March 20th.

 19                   Do you have that date in mind?

 20           A.      Can you be a little more specific?                   What

 21    do you mean engage with California?                    I'm not quite

 22    sure what that means.

                                 www.trustpoint.one                       800.FOR.DEPO
                               www.aldersonreporting.com                   (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 10 of 35 Page 83
                                     PageID# 3641

  1           A.      No.

  2           Q.      Had you reached out to other California

  3    state officials to try to do a deal with California?

  4           A.      I don't believe so.

  5           Q.      Okay.        Well, why were you pressing me as

  6    to which one I meant, then?

  7           A.      I value specificity, so I just wanted to

  8    make sure what you were asking.

  9           Q.      Okay.        Fair enough.          Go down three or four

 10    more entries and you'll see that there is one sent by

 11    you at 1:17 p.m. on the 20th that begins, "Thanks

 12    again."

 13                   Are you there?

 14           A.      Okay.        Yes.

 15           Q.      You say, "We have 100 million 3M masks at

 16    the Port of Long Beach I can move to you guys today.

 17    Also we can get the state any supplies they need

 18    easily.      Thanks again."            Correct?

 19           A.      Correct.

 20           Q.      What was the basis for your saying that

 21    you had 100 million 3M masks?

 22           A.      The fact that Jason Lee and I had

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 11 of 35 Page 84
                                     PageID# 3642

  1    negotiated our ability to buy from Jason Lee 100

  2    million 3M masks.

  3           Q.      Did you have a written agreement with

  4    Mr. Lee about your ability to purchase the 100

  5    million masks?

  6           A.      You know, you'd have to ask our chief

  7    legal officer.         I don't recall if we had paperwork in

  8    place.      I think we might have, but I don't recall.

  9           Q.      I'm just asking you all day for your

 10    recollection.        Do you recall having any written

 11    agreement with Mr. Lee or his company?

 12                   MR. WHITE:           Objection.         Asked and

 13    answered.      You may answer.

 14                   THE WITNESS:            I don't recall specifically.

 15    We might have had an agreement in place.                      I don't

 16    recall.

 17    BY MR. ORSECK:

 18           Q.      Did you negotiate a price with Mr. Lee?

 19           A.      I believe we did.

 20           Q.      Is that in writing?

 21           A.      I don't recall.              I'd have to look.        I

 22    don't recall.

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                               1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21    Page 12 of 35 Page 95
                                     PageID# 3643

  1           Q.      Yes.

  2           A.      -- via text?

  3           Q.      No, I have the texts.                   I'm asking you what

  4    you ever spoke to her about on the phone if you

  5    recall.

  6           A.      The only phone call I remember having with

  7    her was that she was running into a meeting and

  8    couldn't talk.         And that she texted me.

  9           Q.      Did you ever, between March 20th and March

 10    27th -- well, let me back up.

 11                   Did you ever tell Betty Yee that prior to

 12    March 20th, Blue Flame Medical had not ever supplied

 13    an N95 mask to any customer?

 14           A.      Could you say that again?

 15           Q.      Yes.        Did you ever tell Betty Yee that

 16    prior to March 20th, Blue Flame Medical had not ever

 17    supplied an N95 mask to any customer?

 18           A.      No.

 19           Q.      Did you have an office on or around March

 20    20th?     Let me back up.            Did Blue Flame Medical have

 21    an office on March 20th?

 22           A.      You know, I don't recall the exact date

                                    www.trustpoint.one                      800.FOR.DEPO
                                  www.aldersonreporting.com                  (800.367.3376)
John Thomas                           CONFIDENTIAL                               1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21    Page 13 of 35 Page 96
                                     PageID# 3644

  1    that we signed our office lease.                       You may not be

  2    aware, but the entire state of California was on

  3    lockdown with mandatory stay-at-home orders at that

  4    time.     It was virtually impossible despite repeated

  5    attempts to secure office space in the month of

  6    March.

  7           Q.      Did you have an office on March 20th?

  8           A.      You know, I believe I was utilizing, but I

  9    don't recall on the exact date, but I think it was in

 10    the month of March, multiple conference rooms in the

 11    Langham Hotel in Pasadena as that was the only

 12    available gathering place that was still open.

 13           Q.      Did you tell Betty Yee that Blue Flame

 14    Medical did not have an office of its own?

 15           A.      You're referring to an office space?

 16           Q.      Did you tell Betty Yee that you didn't

 17    have an office of your own?

 18           A.      Can you define "your"?                   I'm -- I'm

 19    confused.      Had offices?            I believe, Mr. Orseck, just

 20    to be -- if you want to be technical, the legally

 21    registered address for the LLC, I believe, was in --

 22    it was a Delaware LLC, but I believe Capital Place

                                    www.trustpoint.one                      800.FOR.DEPO
                                  www.aldersonreporting.com                  (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 14 of 35 Page 97
                                     PageID# 3645

  1    was the legally registered address, which I believe

  2    my partner physically occupied at that time for Blue

  3    Flame Medical.         So --

  4           Q.      Did you tell Betty Yee anything about the

  5    office space out of which you were operating,

  6    Mr. Thomas?

  7           A.      To be clear, you want to know if I, John

  8    Thomas, in my personal capacity, told Betty Yee

  9    during mandatory stay-at-home orders where I was

 10    operating out of?            Is that what you're asking?

 11           Q.      I don't think I said any of that.                    My

 12    question is, did you discuss the topic of office

 13    space at all at any time with Betty Yee?

 14           A.      Let me think.             I believe I did.        I think I

 15    told her I was based in Pasadena, California.

 16           Q.      Anything else?

 17           A.      I'm not sure why that would be a pertinent

 18    topic in a mandatory stay-at-home order in the state

 19    of California.         But no, I don't believe so.

 20           Q.      I'm going to ask you -- I'm going to ask

 21    you to answer the question.                  Did you discuss office

 22    space with her at all?

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                               1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21    Page 15 of 35 Page 98
                                     PageID# 3646

  1                   MR. WHITE:           Objection.         Asked and answered

  2    already.      But you may answer again.

  3                   THE WITNESS:            Well, as I said before, I'm

  4    confident I told her I personally was based in

  5    Pasadena, California and I'm not sure why we would

  6    discuss any office space or the status of the leases

  7    I was looking to procure for our company given we

  8    were on mandatory stay-at-home orders.                       So no.

  9    BY MR. ORSECK:

 10           Q.      So no.        What does no mean?

 11                   MR. WHITE:           Objection.         Do you really need

 12    to know what "no" means?

 13                   MR. ORSECK:           Well, look, I'm getting these

 14    long answers about the rationale of the

 15    conversations.

 16    BY MR. ORSECK:

 17           Q.      I'm simply asking you if you remember

 18    discussing office space with Betty Yee.                       Yes, no or I

 19    don't remember?

 20           A.      No, I don't think she doubles as a leasing

 21    agent.      Sorry for the humor.               But no.

 22           Q.      Okay.        Blue Flame Medical incorporated in

                                    www.trustpoint.one                      800.FOR.DEPO
                                  www.aldersonreporting.com                  (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 16 of 35 Page 103
                                     PageID# 3647

  1    you'd have to ask my partner, Mike Gula.

  2           Q.      You go on to say in your 5:40 p.m. text,

  3    "We'll have 100 million units every week being

  4    delivered to Long Beach."

  5                   Do you see that?

  6           A.      I do.

  7           Q.      What was your basis for that statement?

  8           A.      Jason Lee had told me that there was a

  9    weekly delivery of that size coming into Long Beach.

 10           Q.      Did he tell you that by text or on the

 11    phone or by email or in some other mechanism?

 12                   MR. WHITE:           Objection.

 13                   THE WITNESS:            On the phone.

 14                   MR. WHITE:           Mr. Thomas, you have to wait

 15    until he finishes so that the court reporter -- and

 16    until I finish because the court reporter can't take

 17    down both at the same time.

 18    BY MR. ORSECK:

 19           Q.      Jason Lee is with an outfit called First

 20    Alta or he was at the time.                  Does that ring a bell?

 21           A.      It does ring a bell.

 22           Q.      Did Mr. Lee or his company ever supply any

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 17 of 35 Page 104
                                     PageID# 3648

  1    N95 masks to Blue Flame Medical?

  2           A.      No.

  3           Q.      What came of the 100 million that you

  4    anticipated being delivered every week?

  5           A.      You know, I don't know.                 We didn't have a

  6    need to procure those because after your client

  7    destroyed my bank account, destroyed my credibility,

  8    our demand for that level of volume dramatically

  9    decreased.       So I don't believe I ever followed up

 10    with Mr. Lee to procure any of his products.

 11           Q.      To your knowledge, those materials were

 12    available.       You just had no demand for them.                   Is that

 13    what you're saying?

 14           A.      Correct.

 15                   MR. ORSECK:           Carolyn, can you put up tab

 16    10, please.       We'll mark that as Defendant's Exhibit

 17    8.

 18                   THE WITNESS:            I'm downloading it.

 19                           (Defendant's Exhibit No. 8 was marked

 20                           for identification.)

 21                   THE WITNESS:            Okay.      I have it open.

 22    BY MR. ORSECK:

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 18 of 35 Page 117
                                     PageID# 3649

  1           A.      You know, I don't specifically recall, but

  2    that looks correct.

  3           Q.      Do you think it might mean something else?

  4           A.      I'm unsure.

  5           Q.      Well, you wrote it.                Do you have any

  6    reason to think it means anything other than 100

  7    million?

  8           A.      No, but it -- no.

  9           Q.      No?

 10           A.      No.

 11           Q.      What was the basis for your reporting to

 12    the controller that you were delivering 100 million

 13    units of N95 masks to Florida?

 14           A.      Well, that would be that my partner was

 15    negotiating and almost closing, I believe at that

 16    time, talks for very large quantities, sometimes in

 17    the quantities of 100 million, to other buyers in

 18    other states.

 19                   I think in Florida, there were several

 20    private and I think one public buyer in Florida.                          And

 21    I think I'm also saying, in reference to this chain,

 22    it appears that we're speaking about a lack of

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 19 of 35 Page 118
                                     PageID# 3650

  1    responsiveness from procurement officials to begin

  2    negotiations with me in the state of California, and

  3    other states seemed to move more quickly in being

  4    responsive to tell us what they need.

  5           Q.      Was it Mr. Gula who was having the

  6    negotiations with Florida over the 100 million units?

  7           A.      I seem to recall that, yes.

  8           Q.      And what entity was he negotiating with?

  9           A.      You'd have to ask him.                  I don't remember.

 10           Q.      Did you know at the time?

 11           A.      I would imagine I did, but I don't recall.

 12           Q.      It says that you're delivering another 100

 13    million units of N95 masks.                  Was there an earlier

 14    delivery of 100 million units?

 15           A.      Well, I think the term "delivering" in

 16    this text message is likely referring to closing a

 17    sale for those masks.               And I do know there were

 18    several very large different buyers in the state of

 19    Florida that wanted a variety of things.

 20           Q.      You weren't physically delivering 100

 21    million N95 masks to the state of Florida, were you?

 22           A.      Do you mean that I personally was going to

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 20 of 35 Page 119
                                     PageID# 3651

  1    lift the masks myself?               What do you -- unclear.

  2           Q.      When you say "we" in that sentence, who

  3    are you referring to?

  4           A.      Blue Flame Medical.

  5           Q.      Was Blue Flame Medical physically

  6    delivering 100 million N95 masks to somebody in the

  7    state of Florida?

  8           A.      Well, as I stated earlier, we're using

  9    delivering in this instance as language to say that

 10    we are closing, we are finalizing contracts to

 11    deliver large quantities of masks and COVID-19 kits.

 12           Q.      So by delivering, you did not mean to

 13    convey that you were transporting the masks from one

 14    place to the state of Florida?

 15           A.      You know, I don't recall specifically.                       In

 16    this instance, it appears that I'm referring to the

 17    sales process, but I don't recall specifically.

 18           Q.      Did Blue Flame ever in fact physically

 19    deliver or cause to be delivered 100 million N95

 20    masks to the state of Florida?

 21           A.      No.     No, I don't believe we did.

 22           Q.      Did you ever deliver one million masks to

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 21 of 35 Page 120
                                     PageID# 3652

  1    the state of Florida?               By you in this instance, I

  2    mean Blue Flame.

  3           A.      I don't believe we did.                 We very well

  4    might have, had we had a bank account to transact and

  5    had your client not destroyed my California

  6    transaction that allowed us to fulfill a lot of

  7    orders all over the country.                   Some of these customers

  8    were in Florida.            They were unable to take because

  9    the California transaction was blown up.

 10           Q.      Did you ever deliver any N95 masks to any

 11    purchaser in the state of Florida?

 12           A.      You know, I don't recall.                 There were some

 13    smaller orders in Florida.                  I don't recall if they

 14    ordered N95s or not.              I can't recall.

 15           Q.      Did you ever advise Ms. Yee that there in

 16    fact would not be a delivery of 100 million or any

 17    masks to the state of Florida?

 18           A.      Can you say that again?

 19           Q.      Yes.        You say here on page 121 that Blue

 20    Flame is delivering another 100 million units of N95

 21    masks to Florida.            Did you ever amend or retract in

 22    any way that statement to her?

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 22 of 35 Page 125
                                     PageID# 3653

  1    financial officer.             And we came to the conclusion for

  2    the before mentioned reasons that we had to drop

  3    those plans.

  4           Q.      You referenced that you had developed

  5    business plans and pro formas.                    I'm asking if they

  6    were reduced to writing.

  7           A.      Correct, yes.

  8           Q.      They were?

  9           A.      Uh-huh.

 10           Q.      Do you have them somewhere?

 11           A.      Well, they would have been in emails to

 12    and from my chief financial officer.

 13           Q.      Is that Mr. Serrio?

 14           A.      Yes.

 15           Q.      You referenced to the California

 16    transaction providing you seed capital.                      What do you

 17    mean by that?

 18           A.      Well, there's a couple of things I mean by

 19    that.     One was, you know, as we were speaking with

 20    dozens and dozens and dozens of very large customers,

 21    private buyers, public buyers, many of these buyers

 22    could not prepay for product.                   Meaning, Mr. Orseck,

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 23 of 35 Page 126
                                     PageID# 3654

  1    that means that they demanded net payment terms of

  2    30, 60, 90 days, sometimes affording their internal

  3    procurement rules or in some cases the law of the

  4    state, precluding even a dollar upfront to us.

  5                   And unfortunately for them, the state of

  6    the market, because there was such intense global

  7    demand, the manufacturers and suppliers had shifted

  8    their normal procurement prepayment or the payment

  9    terms and were requiring usually 100 percent

 10    prepayment upfront.

 11                   So we would communicate that to customers.

 12    Some customers understood it, like California.                         Many

 13    understood it but were unable to rework their

 14    procurement laws or rules.                  So that meant, I believe,

 15    the state of Washington deal fell apart, a large

 16    deal, where they just simply couldn't prepay.

 17                   There was a large county in central

 18    northern California where the deal just -- we

 19    negotiated, vetted everything.                    The deal fell apart

 20    because they weren't able to prepay.                    We were

 21    intending to use the profits from the California mask

 22    order to front cash to our manufacturers for states

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 24 of 35 Page 127
                                     PageID# 3655

  1    and entities that could not prepay so that we could

  2    deliver the lifesaving PPE items.                      So that's one form

  3    of seed capital.

  4                   The other is we, because there was such

  5    demand domestically and globally for these medical

  6    supplies, we -- we were going to hire more employees,

  7    more sales force and grow the company using that

  8    capital.

  9           Q.      You also said that Blue Flame Medical was

 10    a preferred supplier to California.                     Is that a term

 11    of art by which California designated Blue Flame

 12    Medical a preferred supplier?

 13           A.      I think we said we were going to be.                      And

 14    what that means, colloquially, all I'm saying is we

 15    were -- we would be a trusted vendor to the state of

 16    California.

 17           Q.      Did anybody within the California state

 18    government tell you or anybody at Blue Flame Medical

 19    that you would have preferred supplier status?

 20           A.      I'm not sure that is a -- a technical

 21    status.      But what it does mean is typically in state

 22    governments and municipalities, once you become a

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                               1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21    Page 25 of 35 Page 136
                                     PageID# 3656

  1    introductions.         We have NDAs as part of all their

  2    contracts.       So that's likely what I was referring to.

  3           Q.      Did you in fact have NDAs with anybody in

  4    Florida?

  5           A.      I believe we did.

  6           Q.      Have you produced them to your counsel?

  7           A.      Every referral agreement we have we've

  8    produced to counsel, yes.

  9           Q.      Did you have any NDAs with any --

 10           A.      I'm sorry, may I interrupt?                   I'd like to

 11    amend my testimony.

 12                   You asked if I have -- I believe you asked

 13    did I have NDAs with referral partners in Florida.

 14    I'm not sure if the referral partners were based in

 15    Florida.      They were introducing us to Florida.                      I

 16    just want to be clear about that.

 17           Q.      I don't believe I used the term "referral

 18    partners."       What I was asking -- what I intended to

 19    ask, so I'll ask again, is did you have any NDAs with

 20    the hospitals and the private buyer that you are

 21    referencing in your 4:13 p.m. text with Ms. Yee?

 22           A.      You know, you'd have to ask either our

                                    www.trustpoint.one                      800.FOR.DEPO
                                  www.aldersonreporting.com                  (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 26 of 35 Page 137
                                     PageID# 3657

  1    legal officer or my partner, Mike Gula, specifically.

  2    But yes, I believe we did have NDAs with our main

  3    point of contact that was helping us facilitate deals

  4    in Florida.

  5           Q.      Who was that?             Who was your main point of

  6    contact?

  7           A.      You'd have to ask my partner.                  But I know

  8    that he had a lot of referral partners from all over

  9    the country that had access into states other than in

 10    which they resided.

 11           Q.      All right.           I'm asking something

 12    different.       You say to Ms. Yee that the 100 million

 13    NDA masks that you had told her about went to

 14    hospitals and a private buyer.                    "They went to

 15    hospitals and a private buyer," you say at 4:13.

 16                   They didn't go anywhere at all, did they?

 17           A.      I believe those transactions fell apart.

 18    I'm not entirely sure of the specifics, why those

 19    ended up falling apart.                I think in part, I know we

 20    lost a lot of customers and I think we lost some in

 21    Florida related to the horrible actions taken by

 22    Chain Bridge Bank that caused a cascade of problems

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 27 of 35 Page 138
                                     PageID# 3658

  1    for us.      So, no, those transactions didn't happen.

  2           Q.      And you go on to say, "I can't go into any

  3    more detail as I have NDAs with all of them."

  4                   You didn't have any NDAs with any

  5    hospitals and private buyer at all, did you?

  6           A.      We had NDAs with many people that we were

  7    having these conversations with, yes.

  8           Q.      Did you have NDAs with a hospital or a

  9    private buyer in Florida with respect to the 100

 10    million masks that you told Betty Yee you were

 11    delivering to Florida?

 12           A.      You know, I don't recall.                You'd have to

 13    ask our legal officer about that.

 14           Q.      And if you had such NDAs, they would have

 15    been provided to counsel, right?

 16           A.      Yes.

 17           Q.      You didn't purposely withhold anything

 18    from your lawyers, did you?

 19           A.      No.

 20           Q.      At that time at 4 o'clock on March 23rd,

 21    did you have any concerns about the risk of making

 22    material misstatements to a California state

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 28 of 35 Page 154
                                     PageID# 3659

  1           Q.      Is this the Great Health inventory list?

  2           A.      Yeah, it was the products that they had

  3    available at that moment in time to procure.

  4           Q.      And at that moment in time was March 24th,

  5    right?

  6           A.      I believe so, yeah.                Uh-huh.

  7           Q.      I was trying to interpret this document,

  8    and you'll tell me if I've gotten it wrong.                       But the

  9    first section is entitled masks and if you go to the

 10    bottom of that section, the last six or so entries

 11    are for N95 masks; am I right?

 12           A.      Yes.

 13           Q.      And then the fourth column over says

 14    monthly capacity.            And I tallied up Great Health

 15    Companion's monthly capacity for N95 masks and I get

 16    to 11.5 million.            If you want to check my math, go

 17    ahead.

 18           A.      Okay.

 19           Q.      Does that appear correct?

 20           A.      No.     Is it correct it was on the sheet or

 21    is it correct that that's their capacity?

 22           Q.      First of all, I'm just reading the sheet.

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 29 of 35 Page 155
                                     PageID# 3660

  1    Does this indicate that his monthly capacity for N95

  2    masks was 11.5 million?

  3           A.      This was more of a guide for what brands

  4    of masks and product types Great Health Companion

  5    could procure at that moment.                   Less of an actual

  6    capacity.      Would you like me to explain why?

  7           Q.      Are you asking me?

  8           A.      Yes.

  9           Q.      You should explain whatever you think you

 10    should explain.

 11           A.      Okay.        So the way a supplier like Great

 12    Health Companion works is they contract out with --

 13    here.     Let me -- they contract out with

 14    manufacturers' facilities.

 15                   And Great Health Companion is owned by a

 16    company called Hakim.               It's a very large publicly

 17    traded company.            It's a quasi state-owned company,

 18    which means Great Health Companion can procure

 19    essentially as much PPE as they want.                    All they have

 20    to do is go reach out to manufacturers of PPE and

 21    they can up their capacity.                  So the monthly capacity

 22    that was on that sheet really wasn't pertinent to my

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                                1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21     Page 30 of 35 Page 156
                                     PageID# 3661

  1    discussions with Great Health Companion.

  2                   Great Health Companion pledged that they

  3    could fulfill any amount I needed in part of the

  4    California order, for instance.                        All they have to do

  5    is spin up more factories.                  So that's how that works.

  6    So the monthly capacity there is really not an

  7    applicable number.             It's more the numbers, the model

  8    numbers.

  9           Q.      This document indicates a monthly capacity

 10    of 11 and a half million N95 masks, true?

 11           A.      The document indicates that, yes.

 12                   MR. ORSECK:           Carolyn, can we put up tab

 13    38?    This will be DX-16.

 14                   THE WITNESS:            Can I have a bathroom break

 15    in a couple of minutes?                We can get through this

 16    exhibit.

 17    BY MR. ORSECK:

 18           Q.      Sure, sure, sure.               I do not mean to impose

 19    suffering.

 20           A.      Well, not that kind of suffering.

 21           Q.      Well, right.            Exactly.

 22           A.      Sixteen?

                                    www.trustpoint.one                       800.FOR.DEPO
                                  www.aldersonreporting.com                   (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 31 of 35 Page 203
                                     PageID# 3662

  1    through.      So we needed the wire to be able to come

  2    through.

  3           Q.      Were any of your manufacturers in fact

  4    loading up the jet as we speak?

  5           A.      You know, I don't recall the specifics,

  6    but I know things were getting in motion.

  7           Q.      Were you speaking figuratively there?

  8           A.      You know, I don't recall.

  9           Q.      Did you have any evidence that anybody was

 10    loading up the jet?

 11           A.      I don't recall.

 12           Q.      You say, "I'm on the hook for it now."

 13    Was that in fact the truth?                  Were you on the hook for

 14    the 100 million masks?

 15           A.      Yeah.        I had made commitments to my

 16    different manufacturers that we were going to be

 17    placing orders with them, yeah.

 18                   I had also -- I'd also reached out to and

 19    really used a chit with a friend of mine who's

 20    chairman of the board at Pepperdine, the board I sat

 21    own, who owns one of the largest commercial fleets,

 22    airline fleets, to commit, if necessary, he would

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 32 of 35 Page 204
                                     PageID# 3663

  1    utilize his fleet.             Land so those things were

  2    starting to get in motion.                  So --

  3           Q.      When you say -- I'm sorry, Mr. Thomas.                       I

  4    didn't mean to cut you off, but we're getting already

  5    late in the day and I have a long way to go.                        So I

  6    want to just ask specific questions and if you can

  7    just try to answer my specific question.

  8                   When you said I'm on the hook, did you

  9    mean you were financially liable for the masks?

 10           A.      You know, I think with Suuchi I was.                      But

 11    you'd have to ask Ethan Bearman about the legality.

 12    I think we -- did we lose you?

 13                   THE VIDEOGRAPHER:               Counsel, do we want to

 14    go off the record?

 15                   THE WITNESS:            Oh, I think I was

 16    disconnected.

 17                   THE VIDEOGRAPHER:               I think we lost the

 18    witness.

 19                   THE WITNESS:            I hear you.      Hello?

 20                   MR. WHITE:           We can still hear you and see

 21    you.    Your computer may be having a problem.

 22                   THE WITNESS:            Do you see me now?

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 33 of 35 Page 206
                                     PageID# 3664

  1    paying any portion of the $476 million or any other

  2    amount for the masks?

  3                   MR. WHITE:           Objection to your

  4    characterization of what you understand that to mean.

  5    That doesn't matter.              If you understand the question,

  6    you can answer.

  7                   THE WITNESS:            Yeah.      I'm not sure I

  8    understand the question.                 I know my reputation was at

  9    stake with these suppliers.

 10    BY MR. ORSECK:

 11           Q.      Mr. Thomas, I didn't ask you that.                     I

 12    didn't ask you about your reputation.                    I'm asking you

 13    a specific question.

 14                   MR. WHITE:           Objection to interrupting.

 15    Let him finish.

 16                   MR. ORSECK:           Okay.

 17    BY MR. ORSECK:

 18           Q.      Go ahead.          Tell me about your reputation.

 19           A.      I know my reputation was on the line with

 20    these different manufacturers because I gave them my

 21    word that we would be executing and asking them to

 22    hold their production lines for me.

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 34 of 35 Page 259
                                     PageID# 3665

  1    and manufacture" -- I'm sorry.                    "The Chinese

  2    government has directly intervened in the operations

  3    of manufacture and export of N95 masks, making it

  4    extremely difficult, if not possible, for us to

  5    fulfill the order without causing undue delay."

  6    Right?

  7           A.      I see that.

  8           Q.      And then he says, "It is uncertain at best

  9    when the restrictions on the N95 masks will be

 10    lifted."

 11                   Did he tell you at any point that those

 12    restrictions were lifted?

 13           A.      I don't recall.              We successfully procured

 14    from other manufacturers.                 But there is something I

 15    think that's important for you to know about this

 16    particular restriction if you'd like me to tell you.

 17           Q.      Okay.

 18           A.      Part of the reason it was important to

 19    consummate the transaction in the month of March with

 20    the state of California was not only was the

 21    marketplace constantly shifting and we needed to lock

 22    in production lines, but it really had to do with

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)
John Thomas                           CONFIDENTIAL                              1/11/2021
     Case 1:20-cv-00658-LMB-IDD     Document 150-2 Filed 05/20/21   Page 35 of 35 Page 260
                                     PageID# 3666

  1    buying power because Henry Huang's company is

  2    partially state owned.

  3                   Henry made it clear to me that part of

  4    locking in an initial 100 million unit order is that

  5    we became a big fish as a customer, and the Chinese

  6    government would be making a lot of money on our

  7    buying power.        And when we failed to send Great

  8    Health Companion the money because of what Chain

  9    Bridge did, it dramatically reduced our buying power,

 10    which opened us up as a company to having these

 11    moments like our inventory being stolen because we

 12    became a small fish at that point.

 13                   You know, a million -- a 1.5 million unit

 14    mask order to the State of Maryland is very small in

 15    the scope of orders going through China.                      So had our

 16    California deal gone through, not only would we

 17    absolutely have delivered, but all of these other

 18    orders would not have had challenges because we would

 19    have become a big fish customer.

 20           Q.      Did Mr. Huang tell you that?

 21           A.      Yes.

 22           Q.      I'm sorry?

                                    www.trustpoint.one                     800.FOR.DEPO
                                  www.aldersonreporting.com                 (800.367.3376)


File and source

File
150-att2.pdf
Size
108,039 bytes
SHA-256
188a1fde23d322bcedc3ac17a5ee4e3cbd536243103316d5b7fe4a5ac2cfb332
Our copy
150-att2.pdf
Original
No public link identified.
Back to top