In
Epstein Case
Jes Staley
Argues To Skip
JPM Chase
Trial Now
Judge to Rule
by May 31
By Matthew
Russell Lee, Patreon Maxwell
book
SDNY COURTHOUSE,
May 19 –
J.P. Morgan
Chase and
Deutsche Bank
were sued for
their enabling
of Jeffrey
Epstein, in
lawsuits filed
on
Thanksgiving
2022 in the
U.S. District
Court for the
Southern
District of
New York,
where Inner
City Press
found them in
the docket.
Late on May
17, 2023,
plaintiffs' lawyer
David Boies
selectively
announced a $75
million
settlement
with Deutsche
Bank. Nothing
was filed in
the docket.
But the
pressure on
JPM Chase, and
its CEO
Dimon, grew.
More
including
class analysis
on Substack here
On May
19, Jes Staley's
lawyer argued
before Judge
Jed S. Rakoff
to dismiss JPM
Chase's claim against
him; Chase
opposed. Inner
City Press was
there, live
tweeted thread here:
Staley's
lawyer: It's
striking that
JPM Chase is
saying, We're
not reponsible
but if we are.
It's Staley.
Indemnification
does not apply
here - JPMC
did things
beyond what
Staley did.
Staley's
lawyer: This
alleged
vouching by Mr
Staley would
have been to
JPMC's
employees. The
doesn't
identify the
harm
supposedly
caused by Mr
Staley to Jane
Doe, much less
the USVI.
Judge Rakoff:
I have to
limit you to
20 minute, I
have a 4 pm
[criminal]
matter
JPM's
lawyer: Doe
alleges sexual
assault by
Staley. But if
Staley had
done his job,
Epstein would
not have been
a JPM Chase
client. We
cannot
indemnify
Staley for
criminal acts.
JPM's
lawyer: The
Madoff case
supports us.
And it is
Congress'
purpose to
punish
traffickers.
The question
at bar must be
answered in
our favor.
Staley's
lawyer: Bylaws
are
contractual in
nature, the
Delaware
courts have
found,
contrary to
JPMorgan's
argument.
Judge Rakoff:
They argue
they weren't
contractually
giving up
their right to
sue you for
indemnification.
Staley's
lawyer:
Cases don't
say that
Staley's
lawyer: If
they have to
re-plead, they
should make
things clear.
Judge
Rakoff: So you
know what
you're facing.
JPM Chase's
lawyer Leonard
Gail: Let's
spend real
time on
Madoff. Madoff
says
contribution
can be
implied. Its
language was
shorthand- and
dicta
JPM's
lawyer: The
TVPA should
not be read to
help
traffickers.
Restatement of
Torts, Section
23 - Congress
was
legislating
against it.
Judge
Rakoff: I
agree
Congressional
silence is not
a basis for
reaching a
definitive
conclusion.
They are
talkative.. I
am joking
JPM's
lawyer: Even
if there was
no
contribution,
supplemental
jurisdiction,
they can stay
in - they have
already been
present at
depositions.
It's judicial
economy. Judge
Rakoff: I've
heard what I
need.
Judge
Rakoff: I'll
get you at
least a bottom
line opinion
by the end of
this month. Mr
Staley should
know by May
31. Anything
else? No? If
you would
clear out, I
have a 4 pm
matter.
More on
Substack
here.
The
JPM Chase
complaint is
on Patreon, here.
On March
20, 2023 Judge
Jed S.
Rakoff in a
bottom line
order
dismissed some
but not
all claims,
in the Epstein-related
cases against
JPMC and Deutsche
Bank.
Inner
City Press put
the order on
its
DocumentCloud
here.
On
April 28, a
motion seeking
class certification
of
Epstein-related
claims against
JPMC was
filed; filing
on Patreon here.
On May 8, the
US Virgin
Islands filed
with Judge
Rakoff to
strike JPM
Chase's equitable
defenses,
including tis
"fault-shifting"
defense, arguing
that "it is well
established within
the Second
Circuit and
elsewhere that
government
plaintiffs suing to
vindicate
public rights
are not subject to equitable
defenses that
may be invoked
against
private plaintiffs."
Full filing on
Patreon here.
***
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