Government of the United States Virgin Islands v. JPMorgan Chase Bank, N.A., No. 122-cv-10904 (S.D.N.Y. 2022)/265.pdf

1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS, Plaintiff, v. JPMORGAN CHASE BANK, N.A., Defendant/Third-Party Plaintiff. Case No. 22-cv-10904 (JSR) JPMORGAN CHASE BANK, N.A., Third-Party Plaintiff, v. JAMES EDWARD STALEY, Third-Party Defendant. DECLARATION OF FELICIA H. ELLSWORTH IN SUPPORT OF JPMORGAN CHASE BANK, N.A.’S OPPOSITION TO THE GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS’ MOTION FOR PARTIAL SUMMARY JUDGMENT Pursuant to 28 U.S.C. § 1746, I, Felicia H. Ellsworth, declare under penalty of perjury as follows: 1. I am a member in good standing of the bar of the Commonwealth of Massachusetts. I am one of the attorneys representing Defendant JPMorgan Chase Bank, N.A. (“JPMC”) in the above-captioned action and have been admitted to this Court pro hac vice. I am a Partner with the law firm of Wilmer Cutler Pickering Hale and Dorr LLP, 60 State Street, Boston, Massachusetts 02109. I am familiar with the facts set forth herein, and if called as a witness, I could and would competently testify thereto. Case 1:22-cv-10904-JSR Document 265 Filed 08/07/23 Page 1 of 41 2 2. Attached as Exhibit 54 is a true and correct copy of excerpts of the transcript from the July 7, 2023 deposition of Bridgette Carr, designated confidential pursuant to the Protective Order in this matter and filed under seal. 3. Attached as Exhibit 55 is a true and correct copy of excerpts of the transcript from the May 26, 2023 deposition of James Dimon, designated confidential pursuant to the Protective Order in this matter and filed under seal. 4. Attached as Exhibit 56 is a true and correct copy of excerpts of JPMC's Responses and Objections to Third-Party Defendant James E. Staley's Requests for Admission. 5. Attached as Exhibit 57 is a true and correct copy of excerpts of the transcript from the March 29, 2023 deposition of Francis Pearn. 6. Attached as Exhibit 58 is a true and correct copy of a document produced by JPMC, Bates stamped JPM-SDNYLIT-00072548, designated confidential pursuant to the Protective Order in this matter and filed under seal. 7. Attached as Exhibit 59 is a true and correct copy of a document produced by JPMC, Bates stamped JPM-S DNYLIT-00139994, designated confidential pursuant to the Protective Order in this matter and filed under seal. 8. Attached as Exhibit 60 is a true and correct copy of excerpts from the June 23, 2023 Expert Report of Teresa A. Pesce, designated confidential pursuant to the Protective Order in this matter and filed under seal. 9. Attached as Exhibit 61 is a true and correct copy of excerpts of the transcript from the March 15, 2023 deposition of Mary Erdoes, designated confidential pursuant to the Protective Order in this matter and filed under seal. Case 1:22-cv-10904-JSR Document 265 Filed 08/07/23 Page 2 of 41 3 10. Attached as Exhibit 62 is a true and correct copy of excerpts of JPMC’s Responses and Objections to USVI's First Requests for Admission. 11. Attached as Exhibit 63 is a true and correct copy of a document produced by JPMC, Bates stamped JPM-SDNYLIT-00149115. 12. Attached as Exhibit 64 is a true and correct copy of the Rubenstein, Who We Are page, available at https://rubenstein.com/who-we-are/#. 13. Attached as Exhibit 65 is a true and correct copy of excerpts of the transcript from the June 27, 2023 deposition of Jorge Amador, designated confidential pursuant to the Protective Order in this matter and filed under seal. 14. Attached as Exhibit 66 is a true and correct copy of excerpts of the transcript from the April 7, 2023 deposition of Mary Casey. 15. Attached as Exhibit 67 is a true and correct copy of excerpts of the transcript from the July 12, 2023 deposition of Marcus Sheridan, designated confidential pursuant to the Protective Order in this matter and filed under seal. 16. Attached as Exhibit 68 is a true and correct copy of a document produced by JPMC, Bates stamped JPM-SDNYLIT-00755535. 17. Attached as Exhibit 69 is a true and correct copy of excerpts from JPMC’s Responses and Objections to Doe's First Set of Interrogatories. 18. Attached as Exhibit 70 is a true and correct copy of excerpts of the transcript from the June 10, 2023 deposition of James Staley. 19. Attached as Exhibit 71 is a true and correct copy of excerpts of the transcript from the July 18, 2023 deposition of Catherine Keating, designated confidential pursuant to the Protective Order in this matter and filed under seal. Case 1:22-cv-10904-JSR Document 265 Filed 08/07/23 Page 3 of 41 4 20. Attached as Exhibit 72 is a true and correct copy of a document produced by JPMC, Bates stamped JPM-SDNYLIT-00902699, designated confidential pursuant to the Protective Order in this matter and filed under seal. 21. Attached as Exhibit 73 is a true and correct copy of excerpts of Third-Party Defendant James E. Staley's May 23, 2023 Responses and Objections to The United States Virgin Islands’ Requests for Admission. 22. Attached as Exhibit 74 is a true and correct copy of a document produced by JPMC, Bates stamped JPM-SDNYLIT-00153462. 23. Attached as Exhibit 75 is a true and correct copy of a document produced by JPMC, Bates stamped JPM-SDNYLIT-00136978. 24. Attached as Exhibit 76 is a true and correct copy of excerpts of the transcript from the April 21, 2023 deposition of Justin Nelson, designated confidential pursuant to the Protective Order in this matter and filed under seal. 25. Attached as Exhibit 77 is a true and correct copy of excerpts of the transcript from the July 13, 2023 deposition of John Duffy, designated confidential pursuant to the Protective Order in this matter and filed under seal. 26. Attached as Exhibit 78 is a true and correct copy of a document produced by JPMC, Bates stamped JPM-SDNYLIT-00754968, designated confidential pursuant to the Protective Order in this matter and filed under seal. 27. Attached as Exhibit 79 is a true and correct copy of excerpts of the transcript from the May 24, 2023 deposition of Stephen Cutler. Case 1:22-cv-10904-JSR Document 265 Filed 08/07/23 Page 4 of 41 5 28. Attached as Exhibit 80 is a true and correct copy of excerpts of the transcript from the July 7, 2023 deposition of Shaun O'Neill, designated confidential pursuant to the Protective Order in this matter and filed under seal. 29. Attached as Exhibit 81 is a true and correct copy of excerpts from the June 23, 2023 Expert Report of Joe Fonseca, designated confidential pursuant to the Protective Order in this matter and filed under seal. 30. Attached as Exhibit 82 is a true and correct copy of an article titled, “French modeling agent Jean-Luc Brunel found dead in prison cell” dated February 21, 2022 available at https://www.cnn.com/2022/02/19/europe/jean-luc-brunel-jeffrey-epstein-death- intl/index.html. 31. Attached as Exhibit 83 is a true and correct copy of an article titled “Billionaire Jeffrey Epstein Arrested for Sec Trafficking” dated July 7, 2019, available at https://gothamist.com/news/billionaire-jeffrey-epstein-arrested-for-sex-trafficking. 32. Attached as Exhibit 84 is a true and correct copy of Exhibit 19 to the May 26, 2023 deposition of Inais Borque. 33. Attached as Exhibit 85 is a true and correct copy excerpts of produced by Plaintiff the Government of the United States Virgin Islands, Bates stamped VI-JPM-000012446_U, designated confidential pursuant to the Protective Order in this matter and filed under seal. 34. Attached as Exhibit 86 is a true and correct copy of excerpts of the VIPA Police Manual. 35. Attached as Exhibit 87 is a true and correct copy of excerpts of produced by Plaintiff the Government of the United States Virgin Islands, Bates stamped VI-JPM- Case 1:22-cv-10904-JSR Document 265 Filed 08/07/23 Page 5 of 41 6 000006467, designated conf