Roberto Amenta — Direct
155 linesDIRECT EXAMINATION BY MR. BOSTIC:
MR. BOSTIC: GOOD AFTERNOON, MR. AMENTA.
ROBERTO AMENTA: GOOD AFTERNOON.
MR. BOSTIC: MR. AMENTA, IF YOU'RE FULLY VACCINATED AND COMFORTABLE DOING SO, YOU'RE WELCOME TO TESTIFY WITHOUT A MASK.
ROBERTO AMENTA: I AM.
MR. BOSTIC: CAN YOU START BY TELLING US WHERE YOU'RE CURRENTLY EMPLOYED, PLEASE?
ROBERTO AMENTA: I'M EMPLOYED AT THE FEDERAL RESERVE BANK OF NEW YORK.
MR. BOSTIC: AND WHAT IS YOUR CURRENT JOB TITLE AT THE FEDERAL RESERVE BANK OF NEW YORK?
ROBERTO AMENTA: I'M THE DEPUTY CHIEF INVESTIGATOR.
MR. BOSTIC: I WANT TO CIRCLE BACK TO YOUR JOB RESPONSIBILITIES THERE, BUT FIRST CAN YOU SUMMARIZE FOR US AT A HIGH LEVEL YOUR EDUCATIONAL BACKGROUND AND YOUR WORK HISTORY BEFORE YOU JOINED THE FEDERAL RESERVE BANK?
ROBERTO AMENTA: SURE. I'M A GRADUATE OF ST. FRANCIS COLLEGE IN BROOKLYN WITH A BACHELOR'S OF SCIENCE. AND MY EMPLOYMENT PRE THE FEDERAL RESERVE WAS AT A LAW FIRM CALLED CULLEN AND DYKMAN.
MR. BOSTIC: AND WHAT WAS YOUR POSITION AT THAT LAW FIRM?
ROBERTO AMENTA: PARALEGAL.
MR. BOSTIC: WHEN DID YOU START WORKING AT THE FEDERAL RESERVE BANK OF NEW YORK?
ROBERTO AMENTA: IN NOVEMBER OF 1993.
MR. BOSTIC: AND HAVE YOU BEEN EMPLOYED THERE EVER SINCE?
ROBERTO AMENTA: I HAVE.
MR. BOSTIC: AND YOU SAID YOUR CURRENT JOB TITLE? ONE MORE TIME.
ROBERTO AMENTA: DEPUTY CHIEF INVESTIGATOR.
MR. BOSTIC: AND HAS THAT BEEN YOUR JOB TITLE THERE THE ENTIRE TIME OR HAS IT CHANGED?
ROBERTO AMENTA: NO. SO IN NOVEMBER OF 1993 I STARTED AS A PARALEGAL, ROSE THROUGH THE RANKS, BECAME AN INVESTIGATOR IN 2001, ROSE THROUGH THE INVESTIGATOR RANKS AND INTO 2019 WAS NAMED DEPUTY CHIEF INVESTIGATOR.
MR. BOSTIC: AND WHAT IS THE FEDERAL RESERVE BANK?
ROBERTO AMENTA: SURE. SO THE FEDERAL RESERVE BANK IS REGIONAL BANKS, SO THERE ARE 12 FEDERAL RESERVE BANKS, WHICH NEW YORK IS ONE OF THEM, ALONG WITH THE BOARD OF GOVERNORS MAKE UP THE FEDERAL RESERVE SYSTEM WHICH IS THE CENTRAL BANK FOR THE UNITED STATES.
MR. BOSTIC: AND HOW DOES THE FEDERAL RESERVE BANK COMPARE TO BANKS THAT CITIZENS LIKE YOU OR I MIGHT HAVE ACCOUNTS AT?
ROBERTO AMENTA: SURE. SO I THINK MOST FOLKS ASSOCIATE THE FEDERAL RESERVE WITH MONETARY POLICY, SO FORMULATING AND IMPLEMENTING MONETARY POLICY, BUT IT'S ALSO A BANK SUPERVISOR FOR FINANCIAL INSTITUTIONS, AND IT ALSO PROVIDES BANKING SERVICES TO THE FINANCIAL INDUSTRY, TO FINANCIAL INSTITUTIONS. SO IT WON'T HAVE ACCOUNTS FOR INDIVIDUALS. IT HAS ACCOUNTS FOR BANKS.
MR. BOSTIC: SO IT'S A BANK FOR BANKS?
ROBERTO AMENTA: THAT'S RIGHT.
MR. BOSTIC: HOW ABOUT YOUR SPECIFIC JOB RESPONSIBILITIES THERE, CAN YOU SUMMARIZE THOSE FOR US?
ROBERTO AMENTA: SURE. SO THE INVESTIGATIONS GROUP IS WITHIN A GROUP IN LEGAL CALLED THE FINANCIAL INTELLIGENCE AND INVESTIGATIONS UNIT. YOU KNOW, THE PRIMARY RESPONSIBILITY IS TO MAKE SURE THAT WE WORK ON CASES WITH FINANCIAL INSTITUTION ISSUES AND BANKER ISSUES, SO INSTITUTION AFFILIATED PARTIES AT FINANCIAL INSTITUTIONS. WE'RE ALSO THE FACE OF THE FED WITH REGARDS TO FRAUD THAT MENTION THE FEDERAL RESERVE NAME AND THAT OF ITS EMPLOYEES, AND WE'RE ALSO THE GROUP RESPONSIBLE FOR SUBPOENA COMPLIANCE WITH REGARDS TO FEDWIRE FUNDS TRANSFER.
MR. BOSTIC: AND YOU MENTIONED FEDWIRE FUNDS TRANSFER. WHAT IS FEDWIRE?
ROBERTO AMENTA: FEDWIRE IS A FINANCIAL PRODUCT THAT THE FEDERAL RESERVE PUTS OUT TO THE BANKING INDUSTRY.
MR. BOSTIC: AND WHAT IS IT USED FOR AND HOW DOES IT WORK?
ROBERTO AMENTA: SURE. SO IT'S AN ELECTRONIC COMMUNICATION IN WHICH THE FINANCIAL INSTITUTIONS THAT ARE CUSTOMERS AT THE FED CAN SEND PAYMENTS FOR THEMSELVES OR FOR THEIR CUSTOMERS TO MAKE A PAYMENT.
MR. BOSTIC: SO IT'S A WAY OF MOVING MONEY FROM ONE ACCOUNT TO ANOTHER?
ROBERTO AMENTA: IT'S AN ELECTRONIC WAY OF MOVING MONEY, CORRECT.
MR. BOSTIC: IF AN INDIVIDUAL OR A COMPANY WANT TO ENTER INTO A TRANSACTION AND THEY RECEIVE, LET'S SAY, WIRE INSTRUCTIONS TO SEND MONEY SOMEWHERE, IS FEDWIRE A VEHICLE OR A TOOL TO ACCOMPLISH THAT TRANSFER?
ROBERTO AMENTA: THROUGH THEIR BANKS. SO, YES, THROUGH THEIR BANKS.
MR. BOSTIC: IS FEDWIRE COMMONLY USED -- OR LET ME ASK, DO YOU KNOW WHAT THE APPROXIMATE DAILY VOLUME IS FOR FEDWIRE TRANSFERS?
ROBERTO AMENTA: I DO. IT'S ABOUT 500- TO 600,000 TRANSACTIONS A DAY AND THE VOLUME IS $3 TRILLION A DAY.
MR. BOSTIC: CAN YOU WALK US THROUGH THE STEPS IN A FEDWIRE TRANSFER? AND LET'S TALK ABOUT THE TIME PERIOD IN 2013 AND 2014. ARE YOU AWARE OF HOW FEDWIRE WORKED DURING THAT TIME PERIOD?
ROBERTO AMENTA: I AM. SO A FINANCIAL INSTITUTION WILL SEND A COMMUNICATION TO THE FEDERAL RESERVE AND IN THAT TIME PERIOD THE COMMUNICATION WOULD HAVE BEEN RECEIVED BY THE DALLAS FED IN THE STATE OF TEXAS. THE DALLAS FED WILL THEN SEND THAT COMMUNICATION TO THE FEDERAL RESERVE BANK OF NEW YORK'S NEW JERSEY PROCESSING FACILITY. AND THEN THAT FACILITY WILL THEN DEBIT AND CREDIT AND SEND THE ADVICE OVER TO THE FINANCIAL INSTITUTIONS.
MR. BOSTIC: YOU'RE DESCRIBING COMMUNICATIONS BETWEEN BANKS AND FEDWIRE FACILITIES ON THE ONE HAND?
ROBERTO AMENTA: CORRECT. SO THE FEDERAL RESERVE COMMUNICATES IN THAT TIME PERIOD BETWEEN DALLAS FED AND THE FEDERAL RESERVE BANK IN NEW YORK, BUT THEIR FACILITY IS IN TEXAS AND NEW JERSEY. THE ORIGINATING BANK WILL SEND THE INSTRUCTIONS TO THE FEDERAL RESERVE BANK OF DALLAS IN TEXAS FIRST.
MR. BOSTIC: AND THEN THE COMMUNICATION BETWEEN THE TEXAS FACILITY AND THE NEW JERSEY FACILITY, WHAT IS THE NATURE OF THAT COMMUNICATION? ARE WE TALKING ABOUT A STAFF MEMBER PICKING UP A PHONE AND CALLING THE OTHER FACILITY?
ROBERTO AMENTA: NO, NO. SO IT'S A COMPUTER COMMUNICATION BETWEEN SERVERS.
MR. BOSTIC: AND IS THAT SOMETHING THAT HAPPENS AUTOMATICALLY AS PART OF EVERY TRANSFER DURING THAT TIME PERIOD?
ROBERTO AMENTA: YEAH. SO ANY TRANSFER -- THE DATE IS ANY TRANSFER AFTER APRIL 27 OF '09 GOES THROUGH TWO PROCESSING FACILITIES.
MR. BOSTIC: DURING 2013 AND 2014 WOULD IT HAVE BEEN POSSIBLE FOR A FEDWIRE TRANSFER TO OCCUR WITHOUT THAT ELECTRONIC COMMUNICATION HAPPENING ACROSS STATE LINES?
MR. BOSTIC: HOW ABOUT -- WELL, LET ME START. YOU MENTIONED THAT THE FIRST COMMUNICATION WOULD BE TO THE TEXAS FEDWIRE FACILITY; IS THAT CORRECT?
ROBERTO AMENTA: IN THAT TIME PERIOD, YES.
MR. BOSTIC: WHAT IF A WIRE TRANSFER IS BEING SENT, LET'S SAY, FROM A BANK IN TEXAS, TO ANOTHER BANK IN TEXAS, WOULD THAT PROCESS GOING THROUGH FEDWIRE STILL REQUIRE AN INTERSTATE WIRE COMMUNICATION?
ROBERTO AMENTA: YES. SO IT WILL ENTER THROUGH THE DALLAS FED TEXAS, AND THEN IT WILL GO THROUGH THE FEDERAL BANK OF NEW YORK'S NEW JERSEY FACILITY.
MR. BOSTIC: YOU MENTIONED THE VOLUME OF WIRE TRANSFERS HANDLED BY THE FEDWIRE SYSTEM; CORRECT?
ROBERTO AMENTA: YES.
MR. BOSTIC: ARE RECORDS OF THOSE TRANSFERS CREATED AND MAINTAINED BY FEDWIRE?
ROBERTO AMENTA: THEY ARE.
MR. BOSTIC: CAN YOU DESCRIBE HOW THOSE RECORDS ARE CREATED?
ROBERTO AMENTA: THEY ARE CREATED CONTEMPORANEOUSLY AS A BUSINESS RECORD AT THE FEDERAL RESERVE BANK OF NEW YORK.
MR. BOSTIC: ARE THEY CREATED MANUALLY OR AUTOMATICALLY?
ROBERTO AMENTA: AUTOMATICALLY.
MR. BOSTIC: AND HOW ABOUT PRESERVATION, ARE THOSE RECORDS OF THE FUNDS TRANSFERRED MAINTAINED WITHIN FEDWIRE?
ROBERTO AMENTA: THEY ARE.
MR. BOSTIC: AND IS FEDWIRE IN CONTROL OF THAT RECORD SYSTEM?
ROBERTO AMENTA: YES.
MR. BOSTIC: AND FOR HOW LONG ARE THOSE RECORDS RETAINED?
ROBERTO AMENTA: IT'S FOR SEVEN YEARS.
MR. BOSTIC: DID YOU -- ACTUALLY LET ME ASK, DID FEDWIRE RECEIVE A SUBPOENA FOR RECORDS IN CONNECTION WITH THIS CASE?
ROBERTO AMENTA: IT DID.
MR. BOSTIC: MAY I APPROACH, YOUR HONOR?
JUDGE DAVILA: YES.
MR. BOSTIC: (HANDING.)
JUDGE DAVILA: DO YOU HAVE THIS?
MR. BOSTIC: THE DEFENSE HAS THIS, YOUR HONOR.
MS. TREFZ: YES.
MR. BOSTIC: (HANDING.)
ROBERTO AMENTA: THANK YOU.
BY MR. BOSTIC:
MR. BOSTIC: MR. AMENTA, DO YOU HAVE IN FRONT OF YOU A DOCUMENT MARKED EXHIBIT 4845 AT THE BOTTOM?
ROBERTO AMENTA: YES.
MR. BOSTIC: HAVE YOU REVIEWED THIS RECORD BEFORE?
ROBERTO AMENTA: I HAVE.
MR. BOSTIC: AND SPECIFICALLY ARE YOU LOOKING AT PAGES 18 THROUGH 23 OF EXHIBIT 4845?
ROBERTO AMENTA: CORRECT.
MR. BOSTIC: DO YOU RECOGNIZE THIS DOCUMENT AS PART OF THE RECORDS THAT FEDWIRE PRODUCED IN RESPONSE TO THAT SUBPOENA?
ROBERTO AMENTA: YES.
MR. BOSTIC: YOUR HONOR, THE GOVERNMENT MOVES TO ADMIT EXHIBIT 4845.
MS. TREFZ: NO OBJECTION.
JUDGE DAVILA: IT'S ADMITTED. IT MAY BE PUBLISHED.
(GOVERNMENT'S EXHIBIT 4845 WAS RECEIVED IN EVIDENCE.)
BY MR. BOSTIC:
MR. BOSTIC: MR. AMENTA, ARE YOU LOOKING NOW ON THE SCREEN AT EXHIBIT 4845?
ROBERTO AMENTA: YES.
MR. BOSTIC: CAN YOU DESCRIBE FOR US WHAT EXHIBIT 4845 CONTAINS, WHAT IT REFLECTS?
ROBERTO AMENTA: SO IT'S DEFINITELY A FEDWIRE BECAUSE IT HAS IMADS AND OMADS, I-M-A-D AND O-M-A-D, INPUT MESSAGE ACCOUNTABILITY DATA AND OMADS.
JUROR: YOUR HONOR --
ROBERTO AMENTA: I AM SORRY. IS THAT BETTER?
JUDGE DAVILA: OH, THE SCREENS ARE OUT AGAIN. SORRY. IS IT JUST ONE SCREEN? IT'S THAT CORNER.
COURT CLERK: I'M GOING TO SHUT DOWN AND START OVER AGAIN.
(PAUSE IN PROCEEDINGS.)
COURT CLERK: NOPE? NOW NONE OF THEM?
(LAUGHTER.)
JUDGE DAVILA: NOT IN THE CORNER. ARE THE JUROR SCREENS ON?
(PAUSE IN PROCEEDINGS.)
JUDGE DAVILA: WELL, MAYBE THIS IS A GOOD TIME TO TAKE OUR EVENING BREAK AND ALLOW US TO POUR SOME WATER IN THESE DEVICES.
(LAUGHTER.)
JUDGE DAVILA: SORRY. WE'RE GOING TO INTERRUPT YOUR TESTIMONY THIS AFTERNOON, SIR. LET'S TAKE OUR MORNING BREAK NOW, AND WE'LL RESUME TOMORROW AT 9:00 A.M., 9:00 A.M. LADIES AND GENTLEMEN, LET ME ONCE AGAIN GIVE YOU THE ADMONISHMENT. PLEASE DO NOT DO ANY INVESTIGATION ABOUT ANYTHING INVOLVING THIS CASE, DO NOT READ ANYTHING, DO NOT LISTEN TO OR WATCH ANYTHING THAT DEALS WITH THIS CASE. IF THAT DOES HAPPEN, I'M GOING TO ASK YOU TO PLEASE TURN AWAY, CLOSE THE BOOK, WHATEVER YOU ARE READING, AND I'LL ASK YOU TOMORROW MORNING WHETHER ANY OF THOSE THINGS HAVE HAPPENED. THANK YOU FOR YOUR CONTINUED VIGILANCE, AND I APPRECIATE THAT. THANK YOU FOR YOUR AVAILABILITY TOMORROW. WE'LL SEE YOU TOMORROW MORNING AT 9:00 A.M., 9:00 A.M. THANK YOU. YOU CAN STAND DOWN, SIR. THANK YOU.
(JURY OUT AT 3:57 P.M.)
JUDGE DAVILA: PLEASE BE SEATED. THANK YOU. THE RECORD SHOULD REFLECT THAT OUR JURY HAS LEFT FOR THE DAY. THEY'LL RESUME TOMORROW AT 9:00 A.M., AND THE WITNESS HAS NOW LEFT THE COURTROOM. ALL COUNSEL AND MS. HOLMES IS PRESENT. MR. BOSTIC, DO YOU THINK THAT THIS WITNESS IS -- THE TOTALITY OF THE DIRECT IS WHAT LENGTH? I'M SORRY.
MR. BOSTIC: I WOULD SAY APPROXIMATELY ANOTHER 15 MINUTES OR SO.
JUDGE DAVILA: OKAY.
MS. TREFZ: I GUESS IT'S ABOUT TWO MINUTES.
JUDGE DAVILA: OKAY. THANK YOU. THEN WE'LL HAVE THEN THE FULL DAY FOR ANOTHER WITNESS THAT WILL BE READY TO PROCEED, MR. SCHENK?
MR. SCHENK: YES, YES, YOUR HONOR.
JUDGE DAVILA: GREAT. OKAY. AND DO WE ANTICIPATE THAT WITNESS WILL TAKE THE BALANCE OF THE DAY?
MR. SCHENK: CAN I HAVE JUST ONE MOMENT?
JUDGE DAVILA: OF COURSE.
(DISCUSSION AMONGST COUNSEL OFF THE RECORD.)
(PAUSE IN PROCEEDINGS.)
MR. SCHENK: YOUR HONOR, OUR NEXT WITNESS AFTER FEDWIRE IS MR. JHAVERI WHO ALSO WORKED AT WALGREENS. I EXPECT THAT THE DIRECT WILL BE ABOUT 90 MINUTES OR SO. MR. DOWNEY AND I WERE TALKING ABOUT WHETHER THAT WOULD REQUIRE ANOTHER GOVERNMENT WITNESS FOR THE BALANCE OF THE DAY AFTER CROSS-EXAMINATION, AND IT SOUNDS LIKE IT PROBABLY WILL.
MR. DOWNEY: I THINK SO, YOUR HONOR. I THINK JUST TO BE CERTAIN AND TAKE ADVANTAGE OF THE FACT THAT WE'RE HERE, I DON'T KNOW -- I THINK THAT WOULD ANTICIPATE SORT OF A THREE-HOUR CROSS WHICH WOULD TAKE THE REST OF THE DAY OR MAYBE, MORE, WHICH I DON'T THINK WILL BE NECESSARY.
JUDGE DAVILA: SO YOU THINK WE'LL HAVE -- WE'LL FINISH WITH WITNESS JHAVERI TOMORROW AND THEN HAVE A LITTLE BIT OF TIME LEFT AT THE END OF THE DAY?
MR. SCHENK: YES.
JUDGE DAVILA: AND THEN WILL YOU HAVE A WITNESS ON CALL IN THE ON-DECK CIRCLE?
MR. SCHENK: I WILL SPEND THIS EVENING FINDING THAT PERSON. WE WILL MAKE SURE THAT -- WE WILL AT LEAST DO WHATEVER WE CAN TO IDENTIFY THAT PERSON.
JUDGE DAVILA: OKAY.
MR. SCHENK: AND WE'LL LET THE COURT KNOW IF WE WERE UNSUCCESSFUL AND MR. JHAVERI WILL BE THE DAY.
JUDGE DAVILA: OKAY. AND THEN WE'LL HAVE FRIDAY MIDMORNING UNTIL 1:00 O'CLOCK.
MR. SCHENK: YES.
JUDGE DAVILA: AND YOU'LL EXPLAIN TO MR. BOSTIC THE ON-DECK CIRCLE CONCEPT.
(LAUGHTER.)
MR. DOWNEY: LET ME KNOW.
JUDGE DAVILA: I DO --
MR. DOWNEY: YOUR HONOR, I JUST WANTED TO REMIND YOU OF THE WHAT I'LL TERM "THE KRATZMANN ADMONITION," I DON'T THINK THAT WAS DELIVERED YET. SO IT MIGHT BE TOMORROW.
JUDGE DAVILA: AND TO THAT POINT, LET ME SAY I'D LIKE TO SEE ON THE ISSUE THAT WE TALKED ABOUT THIS MORNING AND THE QUESTIONNAIRE, MS. KRATZMANN IS GOING TO INVITE COUNSEL BACK IN WITH ME ON THAT ISSUE, TOO, AND THAT AGAIN WILL BE A SEALED TRANSCRIPT. IT'S A CONTINUATION OF OUR DISCUSSION.
MR. DOWNEY: OKAY. WILL THAT BE AT 9:00 TOMORROW?
JUDGE DAVILA: IT WILL BE IN FIVE MINUTES.
MR. DOWNEY: FIVE MINUTES.
MR. SCHENK: ONE LAST THING. I THINK WE HAVE A COURT APPEARANCE TOMORROW AFTERNOON AT 1:30 BEFORE MAGISTRATE COUSINS.
JUDGE DAVILA: OH. SO WE SHOULD PROBABLY FINISH, TO GIVE YOU TIME FOR THAT? WHAT DO YOU SUGGEST?
MR. CLINE: YOUR HONOR, I'M HANDLING THAT FOR MS. HOLMES.
JUDGE DAVILA: OKAY. MR. CLINE. THANK YOU.
MR. CLINE: I'M HAPPY TO STEP OUT AND GO DO IT WHILE YOU CONTINUE. I DON'T KNOW IF THE GOVERNMENT IS IN A SIMILAR POSITION.
JUDGE DAVILA: WELL, I WAS GOING TO SAY WE CAN END AT 1:00 IF THAT'S HELPFUL.
MR. SCHENK: MS. VOLKAR IS GOING TO HANDLE THE ARGUMENTS FOR THE GOVERNMENT AT THAT HEARING. SO IF THE COURT IS STILL GOING ON SHE COULD DO LIKEWISE AND STEP OUT AND HANDLE THAT MATTER FOR JUDGE COUSINS. BUT WE ALSO -- I KNOW THAT THE PROSECUTORS ARE ALL PLANNING TO ATTEND THAT HEARING. SO WE'LL DEFER TO THE COURT. IF WE STILL HAVE A WITNESS ON, MAYBE WE SHOULD KEEP THE TRIAL GOING, BUT WE WILL DO WHATEVER THE COURT PREFERS.
JUDGE DAVILA: OKAY.
MR. CLINE: THE HEARING, BY THE WAY, IS BY ZOOM. SO I'M GOING TO GO BACK TO MY HOTEL ROOM TO DO THE HEARING RATHER THAN DOWNSTAIRS.
JUDGE DAVILA: AND DO YOU HAVE A ROOM HERE TO DO THAT ZOOM HEARING?
MR. SCHENK: YES, WE CAN DO THAT FROM THE COURTHOUSE.
JUDGE DAVILA: OKAY. WELL, LET'S SEE IF WE CAN FINISH THINGS FRIDAY AT 1:00.
MR. CLINE: IT'S TOMORROW, YOUR HONOR. IT'S TOMORROW.
JUDGE DAVILA: OH, I BEG YOUR PARDON. OH, WELL, WE'LL KEEP OUR FINGERS CROSSED. LET'S SEE WHAT WE CAN DO. OKAY. THANK YOU.
COURT CLERK: COURT ADJOURNED OTHERWISE EXCEPT FOR THE SEALED HEARING.
(COURT ADJOURNED AT 4:02 P.M.)
(SEALED PROCEEDINGS IN CHAMBERS.)