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Deposition of Daniel Kim — Blue Flame Medical LLC v. Chain Bridge Bank, N.A. (E.D. Va., Dkt. 160-2)

Summary

This is Exhibit 120 in Document 160-2 of Case 1:20-cv-00658, excerpts of the remote deposition via Zoom of Daniel Kim, taken Monday, March 29, 2021. The witness testifies that the California Highway Patrol came by to say an investigation was being conducted on Blue Flame, that he thinks the FBI informed them, and that police investigating a transaction is concerning. The witness says he had no contact with Mike Gula or others at Blue Flame Medical after March 26th and spoke with the FBI on the 27th. Counsel for the state objects that the CHP and FBI are not present to assert privileges.

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Cite this document

“Deposition of Daniel Kim — Blue Flame Medical LLC v. Chain Bridge Bank, N.A. (E.D. Va., Dkt. 160-2).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-20-cv-00658-dkt-160-2-e-d-va-b476444ddc/, SHA-256 5046863153df333b4b82957fae7466d74998e25cb9e6b0fc61e808eb090e70ab.

Full text

Case 1:20-cv-00658-LMB-IDD   Document 160-2   Filed 05/27/21   Page 1 of 9 PageID#
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    EXHIBIT 120
Daniel Kim                                                                       3/29/2021
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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                                      Monday, March 29, 2021

 21                   Deposition via Zoom of DANIEL KIM, a

 22   witness herein, called for examination by counsel for

                                 www.trustpoint.one                         800.FOR.DEPO
                               www.aldersonreporting.com                     (800.367.3376)
Daniel Kim                                                                      3/29/2021
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  1   question the credibility of his earlier statement

  2   that prepayment was required?

  3                   MS. PORTER:       Objection.         Calls for

  4   speculation.

  5                   THE WITNESS:        I would have been -- that's

  6   speculation.        I don't know what I would have thought

  7   a year ago.

  8   BY MS. FORSTEIN:

  9          Q.       Would it typically cause you concern if

 10   payment terms changed suddenly for a vendor?

 11                   MS. PORTER:       Objection.         Lack of

 12   foundation.

 13                   THE WITNESS:        There's nothing typical

 14   about any of this.

 15   BY MS. FORSTEIN:

 16          Q.       And you mentioned a minute ago that you

 17   spoke to CHP?

 18          A.       (Witness nodding.)

 19          Q.       What is CHP?

 20          A.       I'm sorry, what?

 21          Q.       What is CHP?

 22          A.       Oh, the California Highway Patrol.

                                www.trustpoint.one                         800.FOR.DEPO
                              www.aldersonreporting.com                     (800.367.3376)
Daniel Kim                                                                      3/29/2021
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  1          Q.       And do you recall what you talked to them

  2   about?

  3          A.       Yes.    They came by for a few minutes just

  4   to tell me that there was an investigation being

  5   conducted on Blue Flame.

  6                   MS. PORTER:       I'd like to -- I just want to

  7   point out that to the extent that the California

  8   Highway Patrol would like to assert any privileges

  9   with regard to an investigation that was pending or

 10   is currently pending, they are not present and they

 11   do not have counsel present.

 12   BY MS. FORSTEIN:

 13          Q.       Understood.       Mr. Kim, you said they came

 14   by.    Did you speak with them in person?

 15          A.       Yes.

 16          Q.       And do you know what caused CHP to become

 17   involved?

 18                   MS. PORTER:       Objection.         Calls for

 19   speculation.

 20   BY MS. FORSTEIN:

 21          Q.       Mr. Kim, I'm asking simply if you -- if

 22   you personally know what caused CHP to become

                                www.trustpoint.one                         800.FOR.DEPO
                              www.aldersonreporting.com                     (800.367.3376)
Daniel Kim                                                                      3/29/2021
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  1   involved.

  2          A.       I think they were informed by the FBI.

  3          Q.       I'm sorry, I just couldn't hear that last

  4   line.     They were informed by who?

  5          A.       The FBI.

  6          Q.       Understood.       And you mentioned that after

  7   you spoke with CHP, you no longer wanted -- had an

  8   interest in going forward with this transaction; is

  9   that right?

 10          A.       I don't think I said that.

 11                   MS. PORTER:       Objection.         Misstates

 12   testimony.

 13   BY MS. FORSTEIN:

 14          Q.       Sure.     And I apologize.           I'm not trying to

 15   misstate your testimony.              I'm just going back to the

 16   discussion we had about CHP a few minutes ago.

 17                   Did the fact that CHP was investigating

 18   Blue Flame Medical concern you?

 19          A.       Yes.

 20          Q.       Why did it concern you?

 21          A.       Whenever you have any police investigating

 22   a transaction, that's going to be concerning or

                                www.trustpoint.one                         800.FOR.DEPO
                              www.aldersonreporting.com                     (800.367.3376)
Daniel Kim                                                                       3/29/2021
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  1   government of Florida about Blue Flame Medical?

  2          A.       No.

  3          Q.       After March 26, did you have any further

  4   contact with Mike Gula?

  5                   MS. PORTER:        Objection.         Assumes facts not

  6   in evidence.

  7                   THE WITNESS:         I don't believe I had any

  8   contact with Mike Gula, period.

  9   BY MS. FORSTEIN:

 10          Q.       And after the call that you had with

 11   Mr. Thomas and Mr. Bearman on March 26th, did you

 12   have any further contact with Mr. Bearman?

 13          A.       No.

 14          Q.       And after March 26th, just to round this

 15   out, did you have any further contacts with anyone

 16   else at Blue Flame Medical?

 17          A.       No.     The last contact I had was that

 18   conversation I had with Mr. Bearman and Mr. Thomas

 19   and the texts that I sent saying that I didn't --

 20   that thumbs-up was not for him.

 21          Q.       Did you ever speak with the FBI about Blue

 22   Flame Medical?

                                 www.trustpoint.one                         800.FOR.DEPO
                               www.aldersonreporting.com                     (800.367.3376)
Daniel Kim                                                                      3/29/2021
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  1          A.       Yes.

  2          Q.       When did you speak with the FBI?

  3          A.       Shortly -- it was after I spoke to the

  4   CHP.

  5          Q.       Do you recall --

  6          A.       I don't recall, but I'm referring back to

  7   the notes that you shared with me.                     So it looks like

  8   I did on the 27th.          But that's based on what this

  9   email says.

 10          Q.       And do these notes memorialize your

 11   conversation with the FBI?

 12                   MS. PORTER:       Objection.           I just want to

 13   raise again this investigative privilege.                       FBI is not

 14   present to assert such a privilege and they are not

 15   represented in this action.               So to the extent that

 16   anything is calling for such information, you know,

 17   I'm uncomfortable with testimony without the FBI

 18   having the opportunity to weigh in.

 19                   MS. FORSTEIN:         Sure.         I'm really just

 20   referring to the information that's in the notes that

 21   have been produced in this matter that we're looking

 22   at right now and the content that's contained within

                                www.trustpoint.one                         800.FOR.DEPO
                              www.aldersonreporting.com                     (800.367.3376)
Daniel Kim                                                                       3/29/2021
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  1          A.       I would have no reason --

  2                   MS. FORSTEIN:          Object to form.

  3                   THE WITNESS:         I don't deal with the -- the

  4   shipping details of procurements.                    I defer to staff

  5   to do that.

  6   BY MR. KETCHAM-COLWILL:

  7          Q.       Okay.     Thank you.         Just a little while

  8   ago, Ms. Forstein was asking you about the -- your

  9   interactions with the California Highway Patrol and

 10   the FBI.      I believe you testified that the California

 11   Highway Patrol may have been investigating because

 12   they were informed by the FBI.

 13                   Were you speculating there or do you

 14   have -- I'll phrase it another way.                     Do you know why

 15   the FBI was investigating when you spoke with them on

 16   March 27th?

 17          A.       When I spoke to the CHP?

 18          Q.       Sorry.     When you spoke to the FBI on March

 19   27th, did they tell you why they were investigating?

 20          A.       They told me that -- they asked me

 21   questions regarding Blue Flame and my understanding

 22   of Blue Flame as a medical supplier and who they were

                                 www.trustpoint.one                         800.FOR.DEPO
                               www.aldersonreporting.com                     (800.367.3376)
Daniel Kim                                                                       3/29/2021
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  1   procuring the goods from.

  2          Q.       Did they give you any indication as to

  3   what triggered their investigation?

  4                   MS. PORTER:       Mr. Ketcham-Colwill, I'm

  5   going to reassert the objection I had raised

  6   previously, which is that the FBI is not here and to

  7   the extent that they want to assert any privileges

  8   with regard to their investigation, the nature of it,

  9   what prompted them to begin the investigation, I

 10   think the proper time for questioning would be when

 11   they are present.

 12                   MR. KETCHAM-COLWILL:                Okay.    I'll withdraw

 13   the question, then we can pick that up later, if

 14   necessary.

 15   BY MR. KETCHAM-COLWILL:

 16          Q.       Bear with me one second, Mr. Kim.                     I'm a

 17   bit spread out.

 18                   Mr. Kim, apart from DGS, what California

 19   agencies participated in the vetting of vendors in

 20   March 2020 with regard to the procurement of PPE?

 21          A.       We were a combined task force, so we had

 22   procurement staff not just from DGS, but also Cal

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                              www.aldersonreporting.com                      (800.367.3376)


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