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Chinese Investor Sued as ABC Now Subpoenas to Wells Bank of America and HSBC

By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag

SDNY COURTHOUSE, June 9 – A Chinese investor has filed a lawsuit in the United States seeking a target's banking information while leaving its name redacted.     

        On April 1, U.S. District Court for the Southern District of New York Judge Denise L. Cote held a telephonic proceeding. Inner City Press called in to cover it. 

 The Chinese investment firm's lawyer stopped talking and said, I think some one else joined.

Judge Cote replied, correctly, that it is an open proceeding. There followed some carefully worded arguments about a parallel UK case, and allegations of fraudulent transfers.  

 Judge Cote maintained sealing. On May 4, this: "It is hereby ORDERED that (a) The Petition is granted in part, (b) Petitioner is authorized to serve subpeonas upon UBS AG, Bank of New York Mellon Company, and Credit Suisse Securities (USA) LLC (the "Respondents"); (c) Respondents are directed to respond to each subpoena pursuant to the Federal Rules of Civil Procedure and the Local Rules of this Court; and (d) the Petition and all accompanying papers submitted in support thereof shall continue to be held under seal for 14 days. SO ORDERED. (Signed by Judge Denise L. Cote on 5/4/2022)."

On June 9, Judge Cote held another proceeding and Inner City Press again covered it. Yet more "sealed" filing had been made, and Judge Cote said these would not be accepted.

On September 22, Judge Cote sign an "ORDER granting [22] Motion for Discovery. IT IS HEREBY ORDERED, that (a) the Motion and Supplemental Application is GRANTED; (b) Petitioner may proceed EX PARTE; (c) Petitioner is authorized to serve the subpoenas annexed as Exhibits B through E, to the Third Declaration of Rongping Wu filed in support of the Motion, upon Bank of America, N.A., HSBC Bank USA N.A., Wells Fargo Trust Company N.A., and International Registries, Inc. (the "Respondents"); (d) Respondents are directed to respond to such subpoena pursuant to the Federal Rules of Civil Procedure and the Local Civil Rules of this Court. So ordered. (Signed by Judge Denise L. Cote on 9/22/2022)."

 The case is ABC v. DEF, 22-cv-2398 (Cote)


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