Konstantin: Right.
Arlo: So between July and October when you pled guilty, you met with the government ten or so times, right?
Konstantin: Yes
Konstantin: Yes.
Arlo: But to get the letter, you have to appear as a witness at trial, right? This is the only trial?
Konstantin: Yes [upwards lilt]
Konstantin: It was usually the same questions.
Arlo: You practiced, right? None of the questions were surprising, were they?
Konstantin: It wasn't a role play. A few things were unexpected.
Konstantin: Only if I didn't know the English word.
Arlo: You only met Mark Scott once, right? You did your best to remember everything?
Konstantin: Yes
Konstantin: I remember that drinking water question.
Konstantin: Yes.
Arlo: And you said Ruja instructed you to tell the others to leave, so they could meet alone?
Konstantin: correct.
Arlo: are you 100% sure Irina was there?
Konstantin: Yes
[here it comes]
AUSA: Objection!
Judge Ramos: Overruled.
Arlo: May I approach? [Hands Konstantin Defense Exhibit, an email from Irina to Scott]. Can you read it?
Konstanin: "Hi Mark--
Arlo: Read it to yourself.
Judge Ramos: The offer is denied.
[Long pause.]
Arlo, to the witness: Originally you were only charged with wire fraud, right?
Konstantin: Yes.
[Inner City Press has asked US Attorney Press office @SDNYnews 3 times for this presumptively public exhibit, still don't have it - why?]
Arlo: You had to accept these 4 counts or no cooperation deal, right?
AUSA: Objection!
Judge Ramos: Overruled.
Arlo, to Konstantin: You said -
AUSA, to Judge Ramos: May we approach?
Judge Ramos: OK
[Note: plea transcript not on PACER]
[Which judge? Not Judge Ramos? Secret Mag court proceeding??]
Konstantin: I don't remember exactly. My lawyer helped me with the statement.
Konstantin: No.
[So bank fraud count guilty plea, non-public, not necessarily true - doesn't mean OneCoin not a fraud, but might undermine Konstantin]
Konstantin: I referred to the telephone call I overheard.
Arlo: Ruja called Mark Scott an idiot, you testified.
Konstantin: Yes.
Konstantin: I don't know what a BVI is.
[British. Virgin. Islands.]
Arlo: But you know what an audit is, right?
Konstantin: Yes.
AUSA: Objection
Judge Ramos: Overruled.
Konstantin: I supposed every country does, have a commission.
Konstantin: Yes.
Arlo: But you don't know if Irina ever told Mark Scott that OneCoin was a fraud, right?
Konstantin: I don't know.
Konstantin: I was never part of those discussions.
Arlo: Irina is extremely dishonest, right?
Konstantin: Right.
Konstantin: Right.
Konstantin: About our dogs, about sports. About women.
Arlo: The prosecutors asked you what you meant, that Ruja was following Gilbert "like a black shadow."
Konstantin: Right.
Konstantin: otherwise I would get fired.
Arlo: And you said Gilbert had some bank in Georgia, in Europe, and that he laundered money
Konstantin: Yes.
Konstantin: Yes.
Arlo: You remember the cover or photo of Ruja on Forbes?
Konstantin: Yes, I put it on my Facebook.
Arlo: But it turned out to be just a paid promotion.
Konstantin: Right.
Konstantin: I don't remember where.
Arlo: But in Africa. And you thought it was one of the poorest places you'd ever seen? Did you know you were ripping them off?
Konstantin: At the OneCoin events, yes
Konstantin: Yes, to Uganda.
Arlo: And you believed you were ripping people there off.
Konstantin: Yes.
Judge Ramos: Re-direct examination.
AUSA Folly: Mr. Ignatov, do you recall you were asked on cross about OneCoin's blockchain and when you learned there were problems?
Konstantin: Yes.
Konstantin: There was many red flags. Promises of getting rich quick. I don't see that with Coca-Cola.
AUSA: Did Ruja ever tell you it was a fraud?
Konstantin: No. She said it was legitimate.
Konstantin: Yes.
AUSA: Let's turn to this email, it is where Scott wrote to you he would prefer not to come to Sophia too many times to have it show up on his travel list?
Konstantin: Yes.
Konstantin: Ruja Ignatova.
AUSA: And who was the number two?
Konstantin: Sebastian Greenwood.
Konstantin: No.
AUSA: Who did?
Scott's lawyer: Objection!
Judge Ramos: Overruled.
Konstantin: Ruja, Sebastian, Gilbert, Irina and Mark Scott.
[The implication: Scott was on the inside but didn't know?]
Konstantin: Yes....
AUSA: And you knew OneCoin was telling a lot of banks false things?
Konstantin: Yes.
AUSA Folly: Nothing further.
Konstantin: I used Google.
Arlo: You never opened bank accounts for OneCoin?
Konstantin: United Bank of Dubai, I remember.
Konstantin: I heard things.
Arlo: You told the agents you just assumed... No further questions.
[Inner City Press predicts: Scott will try to say Konstantin's guilty plea to bank fraud is itself fraudulent.]
AUSA: You worked as a special agent for 30 years? On money laundering?
Semesky: Yes.
Semesky: No.
AUSA: Your honor, we offer the witness as an expert.
Judge Ramos: Any objection:
Arlo Devlin-Brown: No, we will not break his record.
Semesky: Creating paperwork to make a transaction appear legitimate, to give a comfort level to the bank.
Arlo Devlin-Brown: You are not testifying about money laundering law, are you?
Semesky: No, I am not
Semesky: Right.
Arlo: For example a law firm's escrow account could be used; clients can lie to their lawyers, right?
Semesky: That is correct.
Q: Did Mark Scott tell you the money in the funds came from OneCoin?
A: No he did not.
[Inner City Press: Hmm, isn't this disparate impact, by analogy? As seen this morning, #OneCoin was not an African fraud, it was a fraud on Africa, etc]
APEX manager: At DMS Bank & Trust in the Cayman Islands. We gave them a so-called comfort letter that "we can confirm that we performed the KYC and AML checks."
[Is jury taking this in? Or is this numbing presentation actually helping Mark Scott?]
After they leave, AUSA Dimase asks if they can stay later tomorrow.
Judge Ramos says no, urges Lozano to edit her direct examination