Government of the United States Virgin Islands v. JPMorgan Chase Bank, N.A., No. 122-cv-10904 (S.D.N.Y. 2022)/326-35.pdf

EXHIBIT 35 Case 1:22-cv-10904-JSR Document 326-35 Filed 09/08/23 Page 1 of 6 Confidential - Pursuant to Protective Order Golkow Litigation ServicesPage 1 1 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK 2 GOVERNMENT OF THE UNITED ) 3 STATES VIRGIN ISLANDS ) ) 4 Plaintiff, ) ) 5 vs. ) 1:22-cv-10904-JSR ) 6 JPMORGAN CHASE BANK, N.A., ) ) 7 Defendant/Third- ) Party Plaintiff. ) 8 _________________________ ) JPMORGAN CHASE BANK, N.A. ) 9 ) Third-Party ) 10 Plaintiff, ) ) 11 vs. ) ) 12 JAMES EDWARD STALEY, ) ) 13 Third-Party ) Defendant. ) 14 FRIDAY, JULY 14, 2023 15 CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER 16 – – – 17 Remote videotaped deposition of Jonathan Schwartz, held remotely at the 18 location of the witness in New York, New York, commencing at 9:34 a.m. Eastern Time, 19 on the above date, before Carrie A. Campbell, Registered Diplomate Reporter and Certified 20 Realtime Reporter. 21 22 – – – 23 GOLKOW LITIGATION SERVICES 877.370.3377 ph | 917.591.5672 fax 24 deps@golkow.com 25 Case 1:22-cv-10904-JSR Document 326-35 Filed 09/08/23 Page 2 of 6 Confidential - Pursuant to Protective Order Golkow Litigation ServicesPage 31 1 time? 2 MS. SHAPIRO: Objection. 3 QUESTIONS BY MR. WOHLGEMUTH: 4 Q. You can answer, sir. 5 A. So there were particularly 6 New York Post and Daily Mirror -- Daily 7 Mirror? I'm not -- Daily Mail, sorry, 8 stories in that time frame, in early 2011, 9 that reported on connections to people like 10 from -- between Epstein and people like 11 Prince Andrews -- Prince Andrew, sorry, in 12 the UK. And in those stories were references 13 to there being new investigations of Epstein. 14 That's what I -- that's 15 essentially what I recall, just there were 16 celebrity connections being made, famous 17 people connections being made, and reporting 18 on new investigations. 19 Q. Did you understand that 20 Mr. Staley also had a relationship with 21 Mr. Epstein in this time period, 2011? 22 A. I knew they had a business 23 relationship. I didn't -- I don't have a 24 recollection of understanding anything more 25 than that or any of the details of their Case 1:22-cv-10904-JSR Document 326-35 Filed 09/08/23 Page 3 of 6 Confidential - Pursuant to Protective Order Golkow Litigation ServicesPage 32 1 relationship. 2 Q. I think I know the answer to 3 this question, but were you aware of the 4 number of accounts that Mr. Epstein had at 5 JPMorgan? 6 A. Not at all. 7 Q. Okay. Were you able to 8 access -- strike that. 9 Did you access any account 10 activity associated with any Epstein account 11 while you were working on these 12 Epstein-related issues? 13 A. No. 14 Q. Did Steve Cutler -- well, 15 strike that. 16 I take it Steve Cutler never 17 asked you to review any Epstein account 18 activity? 19 A. I do not believe Steve asked me 20 to do that. He wasn't his client of the 21 investment bank to begin with. 22 Q. Are you aware of Steve Cutler 23 ever directing anyone to review Epstein's 24 account activity? 25 A. I don't have any knowledge Case 1:22-cv-10904-JSR Document 326-35 Filed 09/08/23 Page 4 of 6 Confidential - Pursuant to Protective Order Golkow Litigation ServicesPage 39 1 A. I guess I'd leave that to 2 others to judge. 3 Q. And what do you recall 4 Mr. Lefkowitz telling you? 5 Well, strike that. 6 What did you ask Mr. Lefkowitz? 7 A. I don't have a clear 8 recollection of the conversation, but, again, 9 as part of the prep for today, you know, I 10 saw an e-mail in which I'm reporting on that 11 conversation. 12 When I saw that e-mail, that 13 jogged my memory of, you know, what is 14 reported in the e-mail. That's sort of the 15 extent of my recollection. 16 I don't have the e-mail in 17 front of me, but it was to the effect of me 18 asking Jay about whether there was an active 19 investigation. That was the question, you 20 know, that Cutler and others wanted to see if 21 we could get an answer to. 22 And he reported, you know, that 23 to his knowledge there was not an active 24 investigation of his client. 25 But as you would expect someone Case 1:22-cv-10904-JSR Document 326-35 Filed 09/08/23 Page 5 of 6 Confidential - Pursuant to Protective Order Golkow Litigation ServicesPage 40 1 sophisticated like him to say, you know, we 2 don't necessarily know. We wouldn't 3 necessarily know. A kind of, I don't think 4 so. We probably know, but we don't think so, 5 anything is possible. Something to that 6 effect. 7 Q. I just want to make sure I 8 understand the testimony you just gave. 9 Is it fair to say that 10 Mr. Lefkowitz couldn't definitively rule out 11 the absence of an investigation? 12 MR. GAIL: Objection. 13 THE WITNESS: I think that -- 14 you stated that maybe... 15 QUESTIONS BY MR. WOHLGEMUTH: 16 Q. Oh, yeah. Yeah. I meant to 17 say existence. 18 Is it fair to say that 19 Mr. Lefkowitz couldn't definitively rule out 20 the existence of an investigation? 21 A. That is what I recall him 22 saying. Not in those words, but he said it 23 was possible, but he didn't think so, that 24 there -- didn't think that there was an 25 investigation, but he couldn't know for sure. Case 1:22-cv-10904-JSR Document 326-35 Filed 09/08/23 Page 6 of 6