| Chinese
Investor Sued as ABC Now Subpoenas to
Wells Bank of America and HSBC
By Matthew
Russell Lee, Patreon Maxwell
Book
BBC-Guardian
UK - Honduras
- ESPN
NY
Mag
SDNY COURTHOUSE,
June 9 –
A Chinese investor has filed a
lawsuit in the United States
seeking a target's banking
information while leaving its
name
redacted.
On April 1, U.S. District
Court for the Southern
District of New York Judge
Denise L. Cote held a
telephonic proceeding. Inner
City Press called in to cover
it.
The Chinese
investment firm's lawyer
stopped talking and said, I
think some one else joined.
Judge Cote
replied, correctly, that it is
an open proceeding. There
followed some carefully worded
arguments about a parallel UK
case, and allegations of
fraudulent
transfers.
Judge Cote
maintained sealing. On May 4,
this: "It is hereby ORDERED
that (a) The Petition is
granted in part, (b)
Petitioner is authorized to
serve subpeonas upon UBS AG,
Bank of New York Mellon
Company, and Credit Suisse
Securities (USA) LLC (the
"Respondents"); (c)
Respondents are directed to
respond to each subpoena
pursuant to the Federal Rules
of Civil Procedure and the
Local Rules of this Court; and
(d) the Petition and all
accompanying papers submitted
in support thereof shall
continue to be held under seal
for 14 days. SO ORDERED.
(Signed by Judge Denise L.
Cote on 5/4/2022)."
On June 9, Judge
Cote held another proceeding
and Inner City Press again
covered it. Yet more "sealed"
filing had been made, and
Judge Cote said these would
not be accepted.
On September 22,
Judge Cote sign an "ORDER
granting [22] Motion for
Discovery. IT IS HEREBY
ORDERED, that (a) the Motion
and Supplemental Application
is GRANTED; (b) Petitioner may
proceed EX PARTE; (c)
Petitioner is authorized to
serve the subpoenas annexed as
Exhibits B through E, to the
Third Declaration of Rongping
Wu filed in support of the
Motion, upon Bank of America,
N.A., HSBC Bank USA N.A.,
Wells Fargo Trust Company
N.A., and International
Registries, Inc. (the
"Respondents"); (d)
Respondents are directed to
respond to such subpoena
pursuant to the Federal Rules
of Civil Procedure and the
Local Civil Rules of this
Court. So ordered. (Signed by
Judge Denise L. Cote on
9/22/2022)."
The case is
ABC v. DEF, 22-cv-2398 (Cote)
***
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