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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“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/
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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.
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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
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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
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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?
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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
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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
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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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