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Deposition of Richard J. Chivaro — Blue Flame Medical LLC v. Chain Bridge Bank, N.A. (E.D. Va., Dkt. 150-9)

Summary

This is Exhibit 93 in Document 150-9 of Case 1:20-cv-00658, excerpts of the remote deposition via Zoom of Richard J. Chivaro, taken Thursday, March 4, 2021. The witness describes a conversation in which Mr. Kim was concerned about whether Blue Flame was legitimate and uneasy about wiring money to a bank in China, then called back after speaking with Mr. Thomas. He agrees the controller's office had no role in choosing PPE items, negotiating orders, vetting suppliers or setting terms of the Blue Flame contract. He says its role was limited to putting Blue Flame in contact with the Department of General Services and the Office of Emergency Services.

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Cite this document

“Deposition of Richard J. Chivaro — Blue Flame Medical LLC v. Chain Bridge Bank, N.A. (E.D. Va., Dkt. 150-9).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-20-cv-00658-dkt-150-9-e-d-va-4ec521b6ce/, SHA-256 d1ba7532c37d2d90358b9c978a5fdf1c9bc5316c524af9942a552860b25f7cc7.

Full text

Case 1:20-cv-00658-LMB-IDD   Document 150-9   Filed 05/20/21   Page 1 of 7 PageID#
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       EXHIBIT 93
Richard J. Chivaro 30(b)(6)                                                        3/4/2021
 Case 1:20-cv-00658-LMB-IDD   Document 150-9     Filed 05/20/21   Page 2 of 7 PageID#Page 1
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  1                IN THE UNITED STATES DISTRICT COURT

  2                FOR THE EASTERN DISTRICT OF VIRGINIA

  3                           (Alexandria Division)

  4     - - - - - - - - - - - - - - -                 X

  5     BLUE FLAME MEDICAL LLC,                       :

  6          Plaintiff,                               :

  7                   v.                              :    Civil Action No.

  8     CHAIN BRIDGE BANK, N.A.,                      :    1:20-cv-00658

  9     JOHN J. BROUGH and DAVID M.                   :

 10     EVINGER,                                      :

 11          Defendants.                              :

 12     _____________________________                 :

 13     CHAIN BRIDGE BANK, N.A.,                      :

 14          Third-Party Plaintiff,                   :

 15                   v.                              :

 16     JPMORGAN CHASE BANK, N.A.,                    :

 17          Third-Party Defendant.                   :

 18     - - - - - - - - - - - - - - -                 X

 19                                      Remote Deposition

 20                                      Thursday, March 4, 2021

 21                   Deposition via Zoom of RICHARD J. CHIVARO,

 22   a 30(b)(6) witness herein, called for examination by

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Richard J. Chivaro 30(b)(6)                                                         3/4/2021
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  1   was a legitimate operation.                 The controller knew

  2   nothing about wiring funds to a bank in China.                            That

  3   was news to her.

  4                   This was the first time that she had heard

  5   anybody express any concern with the fact that Blue

  6   Flame was not legit.             And as I indicated, he later

  7   called back and told the controller that he had a

  8   conversation with Mr. Thomas and Mr. Thomas seemed to

  9   be very knowledgeable about the medical supply

 10   industry and that he was now on board with going

 11   forward with the deal.

 12          Q.       Okay.      You mentioned, for Mr. Kim's

 13   concerns, he was concerned that Mr. Thomas -- let me

 14   just get the language right.                  I don't want to

 15   misquote you.           He was concerned that the guy was

 16   legit, you said, and he was uneasy with wiring money

 17   to a bank in China, correct?

 18          A.       Correct.

 19          Q.       Did Mr. Kim convey any other concerns to

 20   Ms. Yee?

 21          A.       Well, as I indicated, he wanted to know

 22   how well the controller knew Mr. Thomas.                         She told

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Richard J. Chivaro 30(b)(6)                                                       3/4/2021
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  1   him that she did not know him, she knew him by name

  2   only and was just going -- forwarding -- her exact

  3   words were she does not have a dog in this fight,

  4   that to the extent that we could get the PPE for

  5   California, that she was in support of doing that,

  6   that she was not influencing or attempting to

  7   influence the governor's office or the Department of

  8   General Services or Office of Emergency Services to

  9   do a deal that they did not feel comfortable with

 10   doing.      So that's -- that's about what happened.

 11          Q.       Did Ms. Yee tell Mr. Kim how she first

 12   came to learn about Blue Flame Medical?

 13          A.       Yes, she told him that she knew him by

 14   name only and that he had contacted and reached out

 15   to her and that she was -- he knew that the

 16   controller contacted the governor's office, both Ann

 17   O'Leary and Ana Matosantos, because he spoke with Ana

 18   Matosantos and she told him where the information had

 19   come from.

 20          Q.       And did Ms. Yee communicate to Mr. Kim

 21   that Mr. Thomas had originally reached out to her

 22   fundraiser, Ms. Smith?

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Richard J. Chivaro 30(b)(6)                                                       3/4/2021
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  1          Q.       I just want to clarify some points from

  2   your testimony earlier for the record.

  3          A.       Yep.

  4          Q.       The controller's office didn't have any

  5   role in deciding which PPE items the state of

  6   California would purchase in March of 2020, correct?

  7          A.       Correct.

  8          Q.       And the controller's office did not have

  9   any role in negotiating PPE orders with PPE suppliers

 10   in March of 2020, correct?

 11          A.       Correct.

 12          Q.       The controller's office did not have any

 13   role in vetting potential PPE suppliers in March of

 14   2020, correct?

 15          A.       Correct.

 16          Q.       And the controller's office didn't have

 17   any expertise in PPE in general in March of 2020,

 18   correct?

 19          A.       Or following, correct.

 20          Q.       And the controller's office didn't

 21   negotiate the contract with Blue Flame to purchase

 22   100 million N95 masks, correct?

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Richard J. Chivaro 30(b)(6)                                                        3/4/2021
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  1          A.       Correct.

  2          Q.       And the controller's office didn't have

  3   any input into any of the terms of the contract with

  4   Blue Flame, correct?

  5          A.       Correct.

  6          Q.       In fact, the controller's office's role

  7   was limited to putting Blue Flame in contact with the

  8   Department of General Services and the Office of

  9   Emergency Services, correct?

 10          A.       Correct, which she did.

 11                   MR. MITCHELL:         Greg, can we please put

 12   into the chat the document that we have identified as

 13   tab 6, which I believe has been previously marked as

 14   Plaintiff's Exhibit 8.            And Greg, you'll need to

 15   share your screen to show the document to

 16   Mr. Chivaro.        Please bear with us a moment.

 17   BY MR. MITCHELL:

 18          Q.       All right.       Mr. Chivaro, what's on your

 19   screen is an email and its attachments that were

 20   produced by the state of California.                       For the record,

 21   they bear Bates stamps DGS0212 through DGS0226.

 22                   And I'd like to first direct your

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Richard J. Chivaro 30(b)(6)                                                       3/4/2021
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  1          Q.       And this is an invoice from Blue Flame

  2   Medical, correct?

  3          A.       Correct.

  4          Q.       And at the top left, do you see that Blue

  5   Flame Medical's address is listed as 499 South

  6   Capitol Street, Southwest, Suite 420, Washington,

  7   D.C. 20003?

  8          A.       I see that.

  9          Q.       And in the middle of this document,

 10   Mr. Chivaro, do you see that there is a list of N95

 11   mask models and then there's, below that, four

 12   different items listed?

 13          A.       I do, yes.

 14          Q.       Did the controller's office have an

 15   understanding of what N95 mask models the state of

 16   California had agreed to purchase from Blue Flame?

 17          A.       No.

 18          Q.       At this point in time --

 19          A.       It would have been -- I'm sorry, that

 20   would have been negotiated by the -- by DGS and Blue

 21   Flame.

 22          Q.       Thank you.

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