Judge Liman: Mr. Gottlieb?
Lively's lawyer Gottlieb: Thanks for setting this on an emergency basis. Ms. Lively should only sit for on deposition, seven hours. At 10:30 am this morning your Honor granted motions to dismiss, for Wallace- now they offer us 3 options
Lively's lawyer Gottlieb: With Jed Wallace and Street Relations being dismissed without prejudice, they asked to attend ad participate at tomorrow's deposition. We want an order that tomorrow will be the only deposition, or that it be rescheduled.
Judge Liman: Have you proposed other dates to [Baldoni's lawyer] Freedman?
Gottlieb: I have called him.
Judge Liman: Let me hear from counsel for the Wayfarer parties.
Wayfarer's lawyer: Three attorneys have flown in from California, and the clients are mid-air
Wayfarer's lawyer: Given Ms. Lively's wealth and NY domicile, I don't know what the burden would be of more than one deposition here. We are ready for tomorrow. Ms. Lively should not be entitled to special treatment due to being a celebrity
Judge Liman: Don't throw around accusations. Your client is also a person of high profile. Neither was known to me, even their names, before this case. Whether they have celebrity for now is irrelevant. Celebrity can be fleeting.
Wayfarer lawyer: OK. We're ready
Judge Liman: What is the harm of putting off the deposition for a few weeks until we know who is in the case?
Wayfarer's counsel Kevin Fritz: We intend to elicit testimony then serve additional requests.
Judge Liman: Mr. Babcock?
Street Relations' lawyer Chip Babcock: I'm at DFW airport already. Our idea was to attend tomorrow and if we had more questions, notice another deposition.
Judge: It seems this is a function of the timing of my order on Wallace
Judge Liman: Mr Gottlieb, what about you amend your complaint tonight or tomorrow morning, without prejudice to a more detailed amendment by the end of July?
Lively's lawyer Gottlieb: I appreciate the creativity of the thought. We also have several attorneys here
Lively's lawyer Gottlieb: Why don't we stipulate, without having to file an amendment so quickly?
Wayfarer's lawyer: Mr Gottlieb & Mr Babcock (for Street Relations and Jed Wallace) should stipulate between themselves.
Judge: You don't object to them being there?
Wayfarer's lawyer: We didn't think he'd get much time, given the minimal allegations against him-
Judge Liman: This is at the 11th and a half hour, requesting more than seven hours.
Mr. Babcock: Not acceptable to us would be adding a RICO claim or something
Street Relations / Wallace lawyer Babcock: I think I could do my part in an hour or so.
Judge: Figure out now if something can be filed tonight to get Mr. Babcock [that is, Wallace and Street Relations] back in the case - confer on that
6:16 pm - they've back
Lively's Gottlieb: We could file a placeholder complaint. Or your Honor could pull back the dismissal order, and refile it in 48 hours. Either way it's doable.
Judge Liman: Mr. Babcock, any objection to me vacating the order?
Babcock: Yes.
Judge Liman: So what if Mr. Gottlieb files what he calls a dummy complaint, your time to respond is adjourned sin die
Babcock: It depends how stupid the dummy is. The problem is if the later amendment expands things such that I need to ask more questions.
Wayfarer's lawyer Kevin Fritz: We tried to reach Mr. Gottlieb during the break.
Gottlieb: We can speak in another break.
Judge Liman: I'm going to give you leave to file an amended complaint, it can be identical, and you can do another complain by the end of July
Judge Liman: So the Wallace parties can participate in tomorrow's deposition. If between you all you can adjourn the deposition, it would avoid the need for Mr. Babcock to move to reopen the deposition.
FBI forensic accountant Jocelyn Reyes runs through records of payroll and bonuses ($13,000 cited) now cross:
Storm's lawyer: Let's look at what you introduced as your summary, Ms. Reyes - this is all withdrawals for 2021, is that right?
FBI Reyes: Yes.
Storm's lawyer: Why doesn't this pie chart add up to 100%?
FBI Reyes: I would have to review my spreadsheet.
Storm's lawyer: So you don't know.
FBI Reyes: I have to review my spreadsheet.
Storm's lawyer: So you can't do it off the top of your head
Reyes: I cannot
Judge Failla: We will be liking to start the trial day on time. Mr. Rehn, you may proceed.
AUSA Rehn: Yesterday I was asking you about these wire transfers. Who else is on your bank account?
Ms. Lin: My husband. I also asked others to invest
AUSA Rehn: Was the last deposit in November 2021?
Ms. Lin: Yes.
AUSA Rehn: What happened a week after your last deposit?
Ms. Lin: He instructed me to make another trade - then everything went down to nil, to negative. Then in Feb 2022 the website disappeared
Judge Failla: The burden of proof never shifts to Mr. Storm - he is presumed innocent. First the government, and then Mr. Storm, will present their opening statements. As jurors, you must not talk to each other about this case until you deliberate at the end
Judge Failla: Mr. Mosley?
Assistant US Attorney Kevin Mosley: In the fall of 2021 a woman got scammed out of $250,000. Hackers broke into the computer of a company here in NYC. Then North Korea stole $600 million from a gaming company: all through Tornado Cash
OK - Now US v Truglia, sentenced to 18 months for stealing $20 million in crypto. Now for not paying restitution - he says couldn't open crypto wallet - he's up for resentencing. Inner City Press covers it and will live tweet, thread below innercitypress.com/sdny38jhellers…
Federal Defender: We need fact finding on the loss amount of $22 million-
Judge Hellerstein: Overruled. Take it to the Court of Appeals.
FD: It should be $8 million
Judge: Overruled
Federal Defender: We object to the guidelines calculation-
Judge: So you're finished with the facts in the Pre-Sentencing Report-
FD: You are not allowing a plenary resentencing
Judge: I adopt the factd in the amended PSR
4:59 pm
In the courtroom, Combs' lawyers Brian Steel and Jason Driscoll are patting each other on the back. Agnifilo is in the holding cell with Combs; his family is i the second row of the gallery.
5:04 pm
Combs' lawyers Agnifilo, Alexandra Shapiro and Teny Geragos emerge from the holding cell. Still waiting for Sean Combs to be brought into the courtroom by US Marshals
9:15 am
Sean Combs is in the courtroom, talking with his lead lawyer Agnifilo. Also in the well: Shapiro, Westmoreland, Driscoll, Steel. Prosecutors nowhere to be seen.
9:30 am
Now Sean Combs is talking with his lawyer Nicole Westmoreland, while four other of this lawyers huddle to the side. Combs stands up, asking Marshals, and is allowed to speak to his family seated in the front row. Now back into holding cell.