Beyond The Horizon
The USVI And Their Request For A Summary Judgement Against JP Morgan (Part 1) (6/29/24)
A memorandum of law in support of a summary judgment is a legal document filed by a party in a lawsuit to persuade the court to grant a summary judgment in their favor. Summary judgment is a legal process where the court decides a case without a full trial because there are no disputed material facts requiring a jury or judge to resolve. Here’s a detailed breakdown of what this memorandum typically includes:
- Introduction and Statement of Facts:
- The memorandum begins with a brief introduction, outlining the purpose of the document and a statement of undisputed facts. These facts are often supported by evidence such as affidavits, depositions, and other documents.
- Legal Arguments:
- This section presents the legal basis for the motion, citing relevant laws, statutes, and case precedents. The goal is to demonstrate that, based on the undisputed facts, the moving party is entitled to judgment as a matter of law.
- Standard of Review:
- The memorandum will often include a discussion of the standard of review for summary judgment, explaining that the court must view the evidence in the light most favorable to the non-moving party and determine if there is no genuine issue of material fact.
- Analysis:
- A detailed analysis follows, where the party applying for summary judgment argues how the law applies to the undisputed facts. This section aims to show that the opposing party cannot prove an essential element of their case or that there is no evidence to support their claims.
- Conclusion:
- The memorandum concludes with a summary of the arguments and a request for the court to grant summary judgment, thereby dismissing the case or certain claims within the case without the need for a trial.
- Supporting Documentation:
- The memorandum is usually accompanied by supporting documentation, such as exhibits, affidavits, and a statement of undisputed material facts, to substantiate the arguments made.
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- Duration:
- 11m
- Broadcast on:
- 29 Jun 2024
- Audio Format:
- mp3
What's up everyone, and welcome back to the Epstein Chronicles! As we prepare for the USVI suit against the survivors of Epstein, I think it's a good idea to go back and take a look at how the USVI found themselves in this position in the first place. And to do that, we need to take a look at the court documents that were filed against JP Morgan Chase and others who were attached to Jeffrey Epstein. And to do that, we're going to take a look at the Government of the United States Virgin Islands Memorandum of Law and support of a motion for a partial summary judgment. Case number 122-CV-10904-JSR, the Government of the United States Virgin Islands plaintiff, verse JP Morgan Chase Bank, and verse James Edward Staley. In July of 2006, after his arrest for felony sex crimes and extensive news coverage detailing unlawful sex acts with underage girls, Jeffrey Epstein admitted to James "Yes" Staley, then CEO, Asset and Wealth Management (AWM) who reported to Mary Erdos, then CEO of Global Private Bank, that he had engaged in sex with multiple young women for money only denying the girl's ages. At that time, JP Morgan could have immediately exited Epstein, but the bank knew from Douglas Sandy Warner. When he was head of JP Morgan, Epstein is one of the most connected people I know in New York. In 2003, Epstein was, by double, the top revenue generator in the private bank, and the source of Google's co-founder, Sergey Brin, one of the largest relationships in the private bank of +4 billion, Glenn Dubin, billionaire founder of Hybridge, and other ultra wealthy clients and connections, which would come to include Bill Gates, Leon Black, Larry Summers, the Sultan of Dubai, Prince Andrew, Ehud Barak, Thomas Pritzker, Lord Peter Mandelson, and Prime Minister Netanyahu. In 2004, Epstein, together with Jamie Diamond, then CEO and waiting, was an integral part of JP Morgan's game-changing acquisition of Hybridge. The next year, redacted, Epstein was too big to fail. Though JP Morgan did not exit Epstein in 2006, or 7, or 8, or 9, or 10, or 11, or 12, or the first half of 2013. And even after his exit, right up until his arrest in 2019, JP Morgan continued to work with Epstein. Only months before his arrest in July 2019, redacted. Rather than exit Epstein in 2006, JP Morgan handled millions of dollars in payments to Epstein's other rock star lawyers, who the bank knew were working to discredit Epstein's victims and help Epstein avoid federal sex trafficking charges. JP Morgan banked all the girls and women publicly alleged in 2006 to be recruiters, accomplices, or victims including redacted, redacted, and redacted, and galain Maxwell. JP Morgan knew that redacted, who Epstein was reported to have referred to as his Yugoslavia sex slave, in fact, came from Yugoslavia as a teenager in 2004, supposedly to work as a model and was sponsored by Epstein. For years, JP Morgan handled Epstein's business with MC2 model management, knowing Epstein was accused of using the supposed modeling agency to traffic and abuse underage girls. At the same time, and for the next seven years, JP Morgan, self-described as Epstein's number one bank at the time, continued to participate in Epstein's sex trafficking venture. It really never stopped, handling his excessive cash withdrawals, despite tying them to his felony sex crimes, did not question his cash for a fuel to travel to foreign countries explanation, even when he was in jail and on house arrest, made millions of dollars more in payments to co-conspirators, including Maxwell, recruiters, and victims, including many girls and women with Eastern European surnames, or located in Eastern Europe. From where JP Morgan knew Epstein was reported to have traffic girls, and continued to extend the loan, to MC2, which for all it knew, was payment for services as a pro-curer. Even when JP Morgan knew that federal prosecutors had subpoenaed barristerns, which it acquired in 2008 for account and specific transaction information tied to Epstein, JP Morgan redacted, and redacted went right on handling many more. The entire time the cynical jokes within the company never stopped. Some redacted, asking if Epstein was at a party with Miley Cyrus, to David "Brigstock" then CFO AWM, comparing another client's house to Epstein's, reminded me of JE's house, except it was more tasteful, and fewer nymphettes. See also, suffix 179 through 180. Only in August of 2019, after Epstein's arrest and death, and when there was no more referrals or other benefits to be had, redacted, even though it had all the information in real time, not hindsight as Diamond, the CEO, misrepresented to CNN. Accordingly the government is entitled to judgment as a matter of law for JP Morgan's participation in Epstein's sex trafficking venture and obstruction of federal prosecutors' enforcement of the Law and Violation of the Trafficking Victims Protection Act, U.S. Code 18, Section 1591, A2 and D. The government also is entitled to judgment as a matter of law on JP Morgan's equitable and false-shifting affirmative defenses, defenses 5-8. The legal deficiencies that left the court skeptical that the defenses would survive summary judgment persist, and no facts have been developed during discovery that would revive those deficient defenses. Legal Standard Summary judgment is appropriate if the pleadings, the discovery, and disclosure materials on file and any affidavits show that there is no genuine issue as to any material fact and that the movement is entitled to judgment as a matter of law, Fedarsiv P-56C. Where the moving party has documented particular facts in the record, the burden shifts to the opposing party to induce country record evidence sufficient to create a genuine dispute of material fact. Olin Corporation vs. Lammerach Insurance Company, 332 F.SUPP, 3D, 818, 839, SDNY 2018, Rakeoff J. To do so, the opposing party cannot merely make Conclusory Assertions to the contrary. The Argument JP Morgan participated in Epstein's sex trafficking venture in Violation of TVPA, U.S. Code 18, Section 1591, A2, A. Epstein engaged in sex trafficking venture. JP Morgan does not dispute, Epstein was engaged in sex trafficking, Epstein was engaged in horrendous criminal activity, including sex trafficking. That's not something being contested at all by JP Morgan. Epstein's behavior was monstrous, the survivors suffered unimaginable abuse at the hands of this man who committed heinous crimes. JP Morgan acknowledged, redacted, in its own due diligence respectively that Epstein redacted and ran a sex trafficking ring. Epstein was arrested on July 6, 2019, on federal charges of sex trafficking of minors and on August 10, 2019, died in prison. Glenn Maxwell was convicted in 2022 for conspiring with Epstein to engage in sex trafficking. In 2008, Epstein was convicted for solicitation of an underage girl for prostitution, a covered act under the TVPA, U.S. Code 18, Section 1591, A1, and upholding his Level 3 sex offender status imposed with that conviction, a New York appeals court found clear and convincing evidence Epstein had committed multiple offenses against a series of underage girls. Over the years, many victims have come forward and described being sex trafficked by Epstein, including in the U.S. Virgin Islands, redacted, redacted, JP Morgan also handled millions of dollars in payments from Epstein to known co-conspirators, recruiters, victims, girls, and women until 2019, including payments to women in years that coincided with their trips to the U.S.V.I., B. JP Morgan knew or recklessly disregarded that Epstein ran a sex trafficking venture. JP Morgan had knowledge of Epstein's sex trafficking venture either directly or by recklessly disregarding what was plainly to be seen. Top in order may 1, 2023, docket 130, at 28. The government uses new or knowledge you're in to mean direct knowledge or reckless disregard. Aye. In 2006, JP Morgan knew Epstein was engaged in sex trafficking. In July 2006, Epstein was indicted for felony solicitation of prostitution and arrested. Numerous JP Morgan senior executives, including Staley, Erdos, Katherine Keating, then CEO USPB, knew of Epstein's arrest and related news coverage, including a Palm Beach Post article which stated, "epstein paid to have underage girls and young women, brought to his home where he received massages and sometimes sex, and police thought there were probable cause to charge Epstein with unlawful sex acts with a minor and lewd and lascivious molestation." JP Morgan's own due diligence process required that it monitors news reports about customers. The Palm Beach Post article detailed evidence from police documents, including college student gave Epstein a naked massage and then brought him six girls ages 14 to 16 for massage and sex-tinged sessions at Epstein's home. Police obtained statements from five alleged victims and 17 witnesses. Police contend Epstein had sex with the girls on three occasions. Redacted met Epstein at age 17 and was recruited to massage him. Epstein told her he would pay her to bring him more girls, the younger the better. She stated that once she brought a 23-year-old woman to him and Epstein said she was too old. She brought six girls to Epstein and said the girls were paid 200 for each session. Redacted told police, "I'm like a Heidi Fleiss." A 27-year-old Epstein employee redacted would arrange the sessions and prepare the massage table. One 14-year-old victim recounted the details of her encounter in February of 2005, including being paid $300 for a massage in her bran panties for bringing this child to Epstein redacted received $200. Police scoured the trash from Epstein's house and found notes with names and phone numbers, sex toys, and female hygiene products. Notes stated that one girl could not come over at 7 p.m. because of soccer. Another set of girls had to work on Sunday, Monday after school, another set of girls leave school at 11.30, and would come over the next day. Another July 2006 news report said the police submitted arrest warrant requests for redacted and redacted. The same report stated a girl told police, "She was paid by Epstein to have sex with redacted as Epstein watched and Epstein bragged he brought redacted into the United States to be his Yugoslavia and sex slave." JP Morgan knew from its own work on human trafficking that sexual slavery means the coercion of the unwilling and the various sexual practices. News around the time of Epstein's arrest also reported that two of Epstein's former employees told investigators that young looking girls showed up to perform massages two or three times a day when Epstein was in town. The news explained that Epstein paid 200 or 300 cash for the girls and 200 cash to the girl for recruiting the girls. Alright we're gonna wrap up right there with this first part and in the next episode we're gonna pick up with A. Epstein admitted the conduct but not the ages to Staley. All of the information that goes with this episode can be found in the description box.