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In Citibank Wire Transfers Case Trial Looms With Jury Room Video Dec 9 Diversity Probed

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Dec 7 – For the Citibank wire transfers virtual trial scheduled for December 9, there is a dispute about which technological platform to use.

  On November 9 U.S. District Court for the Southern District of New York Judge Jesse M. Furman held proceeding. Inner City Press covered it. 

  Judge Furman has written in advance that he "is currently conducting a fully remote bench trial - using TrialGraphix, which is a zoom-based platform - and it has worked remarkably well."   

Then Citibank's lawyer John Baughman complained that the lead defense counsel Michael Carlinksy's brother is a principal in TrialGraphix, and Citibank does not want that platform used. 

  Judge Furman asked the parties to propose to him other platforms. To his credit he said he'd like if possible to provide video and not just telephone access to the press and public. A YouTube channel was suggested.

On December 7 Judge Furman held a final pre trial conference. He has ruled that "a video feed will be provided in the jury assembly room." But for what it's worth, also on December 7 Inner City Press covered arraignment proceedings in the District of Massachusetts - by Zoom / video. That may be the best practice.

  Judge Furman also set a schedule for investigating the citizenship of two defendants (for diversity purposes), and on certifications under FRE 902(11). Then the list of witnesses, and their affidavits of direct testimony. Watch this site.

On November 23 Citibank's counsel at Mayer Brown filed a letter supporting the intervention and amici of the Loan Syndication and Trading Association and The Clearing House and Bank Policy Institute. Why not - "of course, Citibank is a member of organizations whose members share interests with Citibank." But eight of the 10 defendants are members of LSTA. Watch this site.

The case is In re Citibank August 11, 2020 Wire Transfers, 20-cv-6539 (Furman)


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