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Citibank Wire Transfer Trial Has Vinella Cross From California By Zoom Press Sans Deposition

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

SDNY COURTHOUSE, Dec 9 –  As Citibank tries to recoup the money it wired out on August 11, 2020, the virtual / Zoom trial began on December 9 before U.S. District Court for the Southern District of New York. Inner City Press is covering it.

 Here for now some of the blow by blow (some exhibits have been obtained, others remain outstanding. Due to recent problems with Scribd platform, analysis and some exhibits on Patreon, here. That where we can put zip; here's one on DocumentCloud, here. Thread Part 1:

Prior to any witnesses, the discuss is of jurisdiction - not only diversity, but under the Edge Act / international wires.

Many uses of the phrase "belt and suspenders," very SDNY.  "The rules on redacting in the Southern District are pretty clear." [That's not what Michael Avenatti says, withholding everything as opposed by Inner City Press, here]

   Still in preliminaries, discussing which documents will come in and how. Question arises how the media will get access to the documents. Judge Furman does his best, for now; Inner City Press pursues.

 Now first witness is up: Vincent Farrell.  Judge Furman: "Welcome to my virtual courtroom." Indeed....

On the screen, Defendants' exhibit 668, a chat involving Vincent Farrell: "it is not a repayment" (of principal on the Revlon term loan)

 In response to an objection, Judge Furman says "I'll allow it, subject to the caveats I've given. I'm not going to defer to the witness on legal conclusions."

Now he's asking Farrell his own questions.  Farrell is in a black suit, with a black tie.  Next witness: Vincent Fratta.

Judge Furman sustains objections to Para 39 of his declaration / direct testimony, the sentencing beginning "it was important" & "we also wanted."

In Citibank trial, witness is Brendan Zeigan, being asked about the general ledger.

And Part II:

Now "Mister Vinella," sounding like Vanilla, being cross examined about his deposition, which we don't have - yet?

Interesting to compare Vinella wooden floor (cabin?) to the lawyer cross examining him, from office. Zoom trial.

Vinella is sparring back well, it seems   Q: Do you consider this to be a cash break? Objection!

Judge Furman: Sustained. Q: (rephrased to compare to industry standard) Vinella: There's also the payment break. Or a notice break. Three types of break. Q: Any definition you want. Objection, form. Overruled. 

Vinella is being shown a notice Q: Scroll up to page 005. This is an email from Harmodic Fund Services, on August 12 at 2:20 Vinella: The GMT is 4. There's a London or Dublin address.

Q: Not relevant to my question. Have you seen this before? Vinella: No.  Vinella: These notices have a lot of problems. But this isn't questioning if the payment is incorrect.

 Q: "Harmonic had requested... so we can book." Vinella: A cash reconciliation break. Let me get more granular. Harmonic believes the notice is not sufficient 

Q: You were a member of the trade association LSTA? Vinella: Yes.

Q: And LSTA says that the funds should be returned to Citi? Objection - "he has not knowledge." No further questions.

Judge Furman: So we'll stop. Redirect 9 am. Vinella: 6 am for me.

Note: in fairness, the Farrell exhibits were provided. But not the Vinella, at least not yet, while he was bring examined and cross. Analysis and some exhibits on Patreon, here.

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


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