Government of the United States Virgin Islands v. JPMorgan Chase Bank, N.A., No. 122-cv-10904 (S.D.N.Y. 2022)/270-15.pdf

EXHIBIT 15 Case 1:22-cv-10904-JSR Document 270-15 Filed 08/07/23 Page 1 of 4 Stephen Cutler - Highly Confidential Golkow Litigation Services Page 1 1 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK 2 - - - 3 GOVERNMENT OF THE UNITED : Case Number: STATES VIRGIN ISLANDS : 1:22-cv- 4 Plaintiff, : 10904-JSR v. : 5 JPMORGAN CHASE BANK, N.A. : Defendant/Third-Party : 6 Plaintiff. : _________________________________________ 7 JPMORGAN CHASE BANK, N.A. : Third-Party Plaintiff, : 8 v. : JAMES EDWARD STALEY : 9 Third-Party Defendant. : 10 - - - 11 MAY 24, 2023 HIGHLY CONFIDENTIAL 12 - - - 13 Videotaped deposition of 14 STEPHEN CUTLER, taken pursuant to notice, 15 was held at the law offices of Boies 16 Schiller Flexner LLP, 55 Hudson Yards, 17 New York, New York, commencing at 18 9:40 a.m., on the above date, before 19 Amanda Dee Maslynsky-Miller, a Certified 20 Realtime Reporter and Notary Public in 21 and for the State of New York. 22 - - - GOLKOW LITIGATION SERVICES, INC. 23 877.370.3377 ph| 917.591.5672 fax deps@golkow.com 24 Case 1:22-cv-10904-JSR Document 270-15 Filed 08/07/23 Page 2 of 4 Stephen Cutler - Highly Confidential Golkow Litigation Services Page 381 1 And then he writes back, 2 Spoke with Jay -- that's Jay Lefkowitz at 3 Kirkland & Ellis, correct? 4 A. I believe so. 5 Q. He represented Epstein in 6 state plea/fed NPA process. 7 Do you see that? 8 A. I do. 9 Q. He said that he and Epstein 10 have heard nothing to suggest that 11 there's a current FBI or other law 12 enforcement agency investigation, 13 believes any pre-plea conduct is subsumed 14 within plea NPA. Acknowledges that there 15 could be a current investigation he 16 doesn't know about, but doesn't think 17 likely. 18 Do you see that? 19 A. I do. 20 Q. So Jay Lefkowitz did not 21 confirm to you, one way or the other, 22 whether or not there was an 23 investigation, just that he, at least, 24 stated to Jonathan Schwartz he was not Case 1:22-cv-10904-JSR Document 270-15 Filed 08/07/23 Page 3 of 4 Stephen Cutler - Highly Confidential Golkow Litigation Services Page 382 1 aware, correct? 2 A. I read this to have him say 3 neither he nor his client is aware of 4 such an investigation. That doesn't 5 definitively mean that there wasn't. 6 Q. And at the SEC when you were 7 investigating potential wrongdoers, you 8 would not necessarily make it publicly 9 known or known to the potential target 10 that you were investigating them, 11 correct? 12 A. I would say most of the time 13 targets would know. But, sure, there 14 would be occasions where the target would 15 not know. 16 Q. Or there would be 17 potentially part -- during part of the 18 investigation where the target wouldn't 19 know yet, and then at some point later in 20 the investigation you might, for example, 21 issue a Wells notice, correct? 22 A. Yeah, you would -- if -- I 23 don't mean to quarrel with you, but you 24 would likely have heard of an Case 1:22-cv-10904-JSR Document 270-15 Filed 08/07/23 Page 4 of 4