Friday, May 31, 2024

Capital One Should Discover Merger Dead amid Lame Farm Talk Before July 19 Public Meeting


by Matthew R. Lee

SOUTH BRONX, May 31 – Capital One has applied to buy Discover, in an anticompetitive deal that should be rejected by regulators if they mean what they have been saying. While they applied late March 20, as of 1 pm on March 22 there was no notice of the Federal Reserve's or OCC's websites. Inner City Press submitted second FOIA requests to each agency. Public hearings should be held, not only on antitrust but also lending disparities at both companies. 

 On April 24 the Fed extended its comment period to May 31 - without (yet?) granting public hearings, nor providing the FOIA documents.

On May 14 - still without providing FOIA documents - the Fed and OCC set a July 19 virtual public meeting. And already, pro merger lobbying had begun, for example here by a group previously identified in a Trenton NJ political quid pro quo scandal.

 Then from SC, a "3rd Vice Chair of the Richland County Democratic Party" placed an Astroturf piece how the merger would someone benefit business owners of color. Now from a California farmworker advocate, going green. False. We'll have more on this.

  The OCC first put its application in its reading room. And it is an outrage, Capital One gaming the CRA system. For example "the Proposed Transaction would result in CONA establishing a new assessment area in  Delaware, which will include all census tracts in Sussex County and seven contiguous census  tracts in Kent County."

That for a nationwide card and subprime auto lender...

 As documented by Fair Finance Watch, Discover Bank in 2022 denied mortgage loans application from African Americans more than twice as frequently as those of whites. 

  Previously, Inner City Press and NCRC challenged Capital One's acquisition of ING Direct, see here.This time, given the antitrust enforcement claims being made in DC, this proposal should be dead in the water. Watch this site. 

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Trump Trial The Verdict Book Has Costello Side Eye then Long Closing and Deliberations


Patreon Book Substack

100 CENTRE ST COURT, May 30 - In the Trump trial on May 30, hours after the verdict a book and audiobook was published of the closing arguments, deliberations and more, Trump Trial: The Verdict by Matthew Russell Lee, here.

   It begins: "In the Trump Trial what was supposed to be the last morning of the prosecution case ended with a fight whether C-SPAN footage of Trump with his bodyguard Keith Schiller on the evening of October 24, 2016 was relevant and if so, if it was hearsay.  

   "Justice Merchan ruled that it's relevant, and said he would return from the hastily called lunch break with his views on hearsay and its exception. Would the prosecution have to arrange to fly back in their C-SPAN witness from Ohio?"

And after the verdict, what of the swing states?

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In Sen Menendez Trial USDA McKinney Cites Nefarious Pressure But Bob Says Wait for Cross


by Matthew Russell Lee

SDNY COURTHOUSE, May 31 – Amid reports of investigation against Sen. Robert Menendez for taking gold bars, Inner City Press' sources on September 21 it to expect on Friday, September 22 an appearance in Federal court in Manhattan by Menendez and his wife Nadine Arslanian. This scoop was true.

Later a superseder was unveiled, including charges of bribes to act for Qatar...

On April 11, 2024 after Nadine Menendez and then the government asked for delay, to July or undefined, Judge Stein severed her case and reaffirmed May 6, Inner City Press thread

On Sunday night April 14 the US wrote in again asking for a delay to July, six page letter on Patreon here.

But Judge Stein told the parties to confer and report by April 16 at 1 pm. Then he set an April 17 conference, which Inner City Press live tweeted and dubbed "Berate-gate," thread

On May 13, jury selection began - but did not finish. Abit later, Menendez got into an car with FOP NJ plates.

On May 14 jury selection continued but was not yet completed, from the ending, thread

Late on May 14, the US Attorney's Office filed opposition to slides the defense wants to use in its opening arguments, including quotes from Colin Powell and MLK, and when Nadine came into possession of gold - full letter on Patreon here

Inner City Press live tweeted jury selection and then opening arguments here, then filmed Bob's exit (he said he thought it went well and that his guy did great).

On May 21, the US Attorney's Office put on Wael Hana's lawyer, then a US State Department official working on Congressional approval (or holds) on arms transfer to Egypt, thread here.

On May 23, with the trial in haitus, docketed was Menendez' lawyers opposition to quashing his subpoena for Jose Uribe's attorney proffer and communications with SDNY prosecutors, filing on Patreon here

On May 29, Inner City Press live tweeted, omitting Morton's steakhouse but including this

On May 30, Menendez's lawyer's (long) cross, including this.

On May 31, starting 1 pm, the agent was cross examined, and then USDA Ted McKinney on direct, thread:

All rise! Judge: Mr. Lustberg [counsel to Wael Hana] you may proceed.

Lustberg: You see this receipt, payment for the exercise machine? Witness: Yes, a Palpal receipt.

Lustberg: Do you see this message in which Nadine Menendez calls Mr. Hana a brother? Agent: I see it. Lustberg: She wanted him to pay off her mortgage, correct? Agent: I recall that generally. Lustberg: Here she is asking for a wire AUSA: Objection!  Sustained

 Lustberg: This message from Jose Uribe to Nadine Menendez, is it about making the mortgage up to day  AUSA: Objection! Judge: Ask again Lustberg: Is this relevant to that? Agent: I need to see the whole conversation. Lustberg: Here she write, Will is an as*shole

 Lustberg: The lawyer asks Nadine, did you review the note I sent you, correct? Agent: That's what it says. Lustberg: It also says - Judge: The jury will have this. There is no reason to ask it like this. Lustberg: I want to know if he sees it. Agent: I do.

 Lustberg: Please enlarge this check, beneath the amount back - $23,500 - what does it say? Agent: Loan auth. W. Hana to N.A. Lustberg: You didn't testify about this on direct, did you? Agent: I don't remember.

 Lustberg: Look at these lines, that say "I know there will be a lot of hard work for all of us but hopefully it will come to fruition... Once I know your role I will get your contract prepared." Do you know- AUSA: Objection! Judge: Sustained.

Judge: Wrap it up, sir. Lustberg: Just a couple more things... I just need a few more moments. I'm going more slowly. You were asked questions if there was more money than the $30,000  Judge: Sustained! Lustberg: Do you see where Nadine asks Mr. Daibes $36K? Yes

Lustberg: One last on this subject. Line 956 on page 70, please... A voicemail from Nadine to Mr. Daibes, it says, "do me the favor of talking to Will, he wants me in the office 8 hours a day, uh, thank you Fred." Agent: I don't remember it specifically

 Lustberg: Line 462 to 465, page 37 - the WhatsApp from Mr. Hana to Akmed Ahbed al Kareem Agent: I don't recall specifics. Lustberg: Ahmed Assam - who was he? Agent: At this moment I don't recall. Judge: Asked and answered. Next. Lustberg: Hana and Shawky? Helmi?

Lustberg: Mr. Hana was involved in setting up meeting for Egyptian personnel in Washington? Agent: I'd need to see. Lustberg: Are these photographs of people in restaurants?  Agent: Yes.  Judge: Wrap it up. Nothing further. Counsel for Daibes: Just a few questions

Daibes' lawyer: The photos in the restaurants, Mr. Daibes is not in them, is he? Agent: Not that I see. Daibes' lawyer: You're new to the FBI Public Corruption unit, right? Agent: Yes. I was on the health care squad. Daibes' lawyer: And they picked you for this  Nothing further.

AUSA: The government calls Ted McKinney...  McKinney: I am the CEO for NASDA, National Assoc of State Dep'ts of Agriculture.  Previously at the Indiana Dep't of Agriculture to 2017. Then USDA, in foreign trade until 2021, Trump appointee

AUSA: Your job was to promote US exports - what % of US agricultural exports were to Egypt? McKinney: Small but important - we had 60% of the market share of beef livers. Often those offals like liver and tongue are the key profit center for the rancher

 McKinney: I went to the annual Dubai food show. I'd go to the office of the GCC. In late April 2019 we learned that Egypt had delisted a number of halal certifiers in the US, and was making a monopoly for IS EG. AUSA: How did you learn it? McKinney: An email.

McKinney: We swung into action. We called the Egyptian ambassador in DC. When they moved to monopoly, on only one week's notice, prices went up.  Judge: Tell me about your history? McKinney: My family raised pork in Indiana. Judge: You were tuned in at age 17? Yes 

McKinney: My chief of staff told me Senator Menendez would be calling me on my cell phone. He did. He referenced a news article, he said Quit interfering with my constituent. I wanted to explain why - I was interrupted and the call ended shortly thereafter Inner City Press @innercitypress · 3h AUSA: What was Senator Menendez' tone and demeanor?

McKinney: Serious to very serious. He was insisting, Stop! Stop interfering! AUSA: Did any other member of Congress interrupt you like that?

McKinney: No, never.

 Judge Stein: We'll break here.

  After the trial day, Inner City Press filed Menendez' walk to his Jersey-plated car; asked why he called McKinney he said, Wait for the cross [examination.

More on X for Subscribers here and Substack here

The case is US v. Menendez, et al., 23-cr-490 (Stein)

More on Substack here

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As UN Fails from Gaza to Ukraine and Haiti UNSC Taken Over by South Korea No Zoom


by Matthew Russell Lee, Patreon Book Substack

UN GATE, May 31 – South Korea gets the UN Security Council presidency on June 1, 2024 - while Inner City Press is still banned from the UN, despite its June 19 application.

On May 30, Inner City Press wrote to the South Korean Mission: This is a timely request that you allow Inner City Press to enter and cover, and/or provide the WebEx  pass code(s) to access the Republic of Korea's UNSC Presidency press briefing by your  Ambassador Joonkook Hwang on June 3, 2024. I have questions to ask on what you will do this month about DPRK, Gaza and Sudan, as well as the coups in Gabon and Niger and the conflicts in Ukraine, Ethiopia, Cameroon, Yemen and Libya, on crypto fraudster Do Kwon in Montenegro -  and on ongoing cases of sexual abuse and exploitation by UN peacekeepers on many of which Inner City Press first reported - Inner City Press is asking to be provided with access to your ROK mission's stakeouts and press conferences this month as UNSC President" including virtually.

Then on May 31 UN Spox Stephane Dujarric said there will be "no Zoom." So the South Korea Mission is fully complicit in - and benefits, it thinks, by - UNSG Antonio Guterres' censorship, just as they did with the less total censorship by their Ban Ki-moon. We'll have more on this.

 Watch this site.

 Inner City Press on June 19 applied to the UN for access, as it gives 100s, to cover the UNGA week. Inner City Press has a NYC Press Pass and writes about the UN. From South Korea and its UN Mission, nothing.

Watch this site. 

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In SDNY Neil Phillips Guilty of Manipulating Rand Costing MS $20M Now Delay for Fatico


By Matthew Russell Lee, Patreon Substack

SDNY COURTROOM, May 30 -  In the U.S. District Court for the Southern District of New York on January 5, a detention or bond proceeding was held by Magistrate Judge Sarah Netburn on Neil Phillips, charged with commodities fraud for manipulating the exchange rate of the South African rand and US dollar.

Jump-cut to October 18, 2023: Morgan Stanley's head of FX for the Americas back on that fateful Christmas night was on the stand, calling MS' barrier proprietary. Had he ever met Phillips, at Glenpoint Capital? He said he had...

On October 19 while an expert witness told the jury about delta, letters flew about a chat and audio of Rahul Kamath, with Phillips trying to keep it out. His legal team points to a phrase from the 3500 material, "Ha[ve] not been able to figure out way for Nomura New York employee to authenticate audio without running into privilege issue."

On October 21, Saturday, the prosecutors filed a 7 page letter seeking to limit and blunt the Friday testimony of Andrew Newman, arguing that "Mr. Newman’s testimony on Friday exceeded the scope of his expert disclosure, as well as the scope represented by the defense in their opposition to the Government’s motion in limine, by directly opining on Phillip’s purpose on December 26, 2017. For example, early in Mr. Newman’s testimony, counsel asked Newman, “[B]ased on that analysis what, if any, opinions did you form about trades on December 26, 2017?” and Newman responded, “Yes. So Glen Point’s trading on that was part of a delta replacement strategy for the anticipation of the expiration of the 12.50 onetouch option expiring on January 2."

On October 23, the prosecution cross examined Newman about his charts and the Archbishop's midnight mass speech....

On October 25, the jury found him guilty of commodities fraud - but not guilty of conspiracy...

On November 2, the US agreed to, and Judge Liman approved, the raising of Phillips bond from $15 million to $20 million....

  The US Attorney's Office had agreed to a bond package with Phillips, as it had with Bankman-Fried. In Phillips' case it is a $15 million bond with three publicly named co-signers, two of whom are putting up $250,000 cash.

  By contrast, Sam Bankman-Fried tried to keep his two co-signers secret. Inner City Press first opposed, and they were unsealed. Now defendant Paduch is trying to do the same thing.

On December 23, Judge Liman denied Phillips' bid to travel to South Africa: "ORDER denying [98] LETTER MOTION of Neil Phillips re: request for leave to travel. The motion for a modification of the conditions of release to permit Mr. Phillips to travel to South Africa is denied. Mr. Phillips has not made a sufficient showing that the modification would not create a risk of flight. (Signed by Judge Lewis J. Liman on 12/23/2023)."

On March 27, after a lengthy oral argument that Inner City Press attended, Judge Liman denied Phillips' motions: "OPINION AND ORDER as to Neil Phillips re: [94] MOTION for Acquittal or, in the Alternative, for a New Trial filed by Neil Phillips. For the foregoing reasons, Phillips's motion for a judgment of acquittal or, in the alternative, a new trial, Dkt. No. 94, is DENIED. The Clerk of Court is respectfully directed to close Dkt. No. 94. (Signed by Judge Lewis J. Liman on 3/27/24)." It's 62 pages, here - expect it in the Second Circuit.

On May 30, Judge Liman pushed back sentencing: "ORDER as to Neil Phillips. A sentencing hearing is scheduled in this case for June 3, 2024. The parties dispute the Guidelines applicable to this case. The Court will entertain at the hearing any objections to the factual recitations in the Presentence Report and argument from the parties as to the applicable Guidelines. Sentencing in this case will be deferred to a future date, which the Court will set at the hearing on June 3, 2024. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/30/2024)."

More - analysis - on Substack here

This case is US v. Phillips, 22-cr-138 (Liman)

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In Sen Menendez Trial Nadine BowFlex Texts Portrayed as Incomplete Ex BF Anton Kept Out


by Matthew Russell Lee

SDNY COURTHOUSE, May 30 – Amid reports of investigation against Sen. Robert Menendez for taking gold bars, Inner City Press' sources on September 21 it to expect on Friday, September 22 an appearance in Federal court in Manhattan by Menendez and his wife Nadine Arslanian. This scoop was true.

Later a superseder was unveiled, including charges of bribes to act for Qatar...

On April 11, 2024 after Nadine Menendez and then the government asked for delay, to July or undefined, Judge Stein severed her case and reaffirmed May 6, Inner City Press thread

On Sunday night April 14 the US wrote in again asking for a delay to July, six page letter on Patreon here.

But Judge Stein told the parties to confer and report by April 16 at 1 pm. Then he set an April 17 conference, which Inner City Press live tweeted and dubbed "Berate-gate," thread

On May 13, jury selection began - but did not finish. Abit later, Menendez got into an car with FOP NJ plates.

On May 14 jury selection continued but was not yet completed, from the ending, thread

Late on May 14, the US Attorney's Office filed opposition to slides the defense wants to use in its opening arguments, including quotes from Colin Powell and MLK, and when Nadine came into possession of gold - full letter on Patreon here

Inner City Press live tweeted jury selection and then opening arguments here, then filmed Bob's exit (he said he thought it went well and that his guy did great).

On May 21, the US Attorney's Office put on Wael Hana's lawyer, then a US State Department official working on Congressional approval (or holds) on arms transfer to Egypt, thread here.

On May 23, with the trial in haitus, docketed was Menendez' lawyers opposition to quashing his subpoena for Jose Uribe's attorney proffer and communications with SDNY prosecutors, filing on Patreon here

On May 29, Inner City Press live tweeted, omitting Morton's steakhouse but including this

On May 30, Menendez's lawyer's (long) cross, including this

Menendez' lawyer: Agent, how long have you been with the C-14 unit [of the FBI]?

Agent: Only about 3 months. Menendez' lawyer: Yet you've been on the stand for days - you deserve battle pay AUSA: Objection! Judge Stein: Sustained. Counsel, you know betterMenendez' lawyer: You reviewed each document before they showed you the summary chart?

Agent: I took a holistic view. Menendez' lawyer: Did the AUSA instruct you to generally familiarize yourself with the documents? Let me show you 3507-002. Judge: To refresh your recollection

 Menendez's lawyer: Did you review documents beyond the ones included in the current chart? Agent: Edit were made. 

 Menendez's lawyer: Didn't you cut out this message by Senator Menendez, I don't want to interfere with your boyfriend? Agent: It's not in the chart.

Menendez's lawyer: Do you know that Nadine had a boyfriend named Doug Anton? AUSA: Objection! Judge: Sustained

Menendez's lawyer: You are aware that are thousands of called between Nadine and Bob Menendez, but only a few are in your chart? Agent: I imagine there are more.  Menendez's lawyer: Are you married sir and your wife sometimes uses your phone? Objection! Sustained

 Menendez's lawyer: Do you see Nadine's text to Bob, "I am at Mercedes, pray for me"? And Bob asks, What's wrong? Agent: I see it. Menendez's lawyer: And she didn't answer, and you don't know what was wrong, do you? Agent: I don't.

Menendez's lawyer: Are you aware the "Oui mon amour" is "Yes my love"? AUSA: Objection! Judge: Sustained. Menendez's lawyer: She says, "No bad test results" - do you know what that's about? AUSA: Objection! Judge: Sustained.

 Menendez's lawyer: Let's talk about the NordicTrack, Nadine said it cost her $1600? AUSA: Rule of completeness! Menendez's lawyer: Is there any other record that shows Nadine told Senator Menendez that [Hana's] ISEG paid for the NordicTrack or BowFlex? Not aware

 Judge Stein: How much do you have left? Menendez' lawyer: I'm a third of the way through. Judge: It's been an hour Menendez' lawyer: He testified for three days. Judge: OK, let's continue

 [Now Judge excuses the jury. Then:]

Judge: I've been giving you leeway. But you can't keep asking him to interpret these charts. Menendez's lawyer: This is unfair.  AUSA: If you want to ask about Morton's Steakhouse's phone number and a Google search, fine

Judge Stein: You'll have to tie it to the chart. We are adjourned.

More on X for Subscribers here and Substack here

The case is US v. Menendez, et al., 23-cr-490 (Stein)

More on Substack here

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After Terraform Labs Crypto Trial Verdict of Liable SEC Asked $4B Now Settled in Principle


by Matthew Russell Lee, Patreon Substack

SDNY COURTHOUSE, May 30 – The SEC's trial against  Terraform Labs began on March 25. Inner City Press was there, thread. On November 17, 2023 US District Court for the Southern District of New York Judge Jed S. Rakoff held a hearing on potential trial experts. Inner City Press live tweeted that too, thread.

More on Substack here

Ten days later on April 5, Judge Rakoff gave legal instructions to the jury for deliberation, including that "I instruct you as a matter of law that the tokens known as UST, LUNA, and wLUNA are securities." Full 24 page legal instructions to jury on Patreon here.

And then the verdict: Liable, liable, liable - and reckless, not intentional.

On April 19 the SEC filed a motion for injunction against violations, and $4 billion disgorgement, to fine Terraform Labs $420 million and Do Kwon $100 million. Motion on Patreon here.

On May 30, after an unceremoniously canceled May 29 proceeding, this: "Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/29/2024,without transcription or recording. Counsel for all parties was present. The oral argument previously set for 5/29/2024 has been cancelled because the parties have informed the Court that they reached a settlement in principle. The parties must file, by 6/12/2024, papers in support of a proposed final judgment consistent with the settlement."

More on X for Subscriber here & Substack here

The case is Securities and Exchange Commission v. Terraform Labs Pte Ltd. et al., 23-cv-1346 (Rakoff) 

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