REPLY to opposition to motion re [102] SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by SECURITIES AND EXCHANGE COMMISSION (This document is SEALED and only available to authorized persons.) filed by SECURITIES AND EXCHANGE COMMISSION. (Attachments: # (1) Declaration of J. Emmett Murphy (Redacted), # (2) Exhibit A, # (3) Exhibit B)(Murphy, John)
Page 1 UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
SECURITIES AND EXCHANGE
)
COMMISSION,
)
)
Plaintiff,
)
)
v.
)
Civil Action No. 1:23-cv-)
BINANCE HOLDINGS LIMITED,
)
BAM TRADING SERVICES INC.,
)
BAM MANAGEMENT US HOLDINGS
)
INC., AND CHANGPENG ZHAO,
)
)
Defendants.
)
__________________________________________)
DECLARATION OF J. EMMETT MURPHY
I, J. Emmett Murphy, declare pursuant to 28 U.S.C. § 1746 as follows:
1.
I am a Trial Attorney for the Plaintiff Securities and Exchange Commission
(“SEC”). I submit this Declaration in support of the SEC’s Reply In Support of its Motion to
Compel Discovery and Other Relief.
2.
I have personal knowledge of the matters set forth in this Declaration, except as
otherwise noted, and, if called as a witness, I could and would competently testify under oath to
the facts stated herein.
3.
On September 13, 2023, the SEC took the deposition of
At this time, an official transcript of the
deposition is unavailable, but based on my personal knowledge of the substance of the
deposition, as supported by my attendance at the deposition and review of an unofficial, or
“rough,” transcript provided by the court reporter,
relevant part, as follows:
a.
in sum and substance, inPage 2 b.
4.
Attached as Exhibit A is a true and correct copy of excerpts of the August 31,
2023 deposition of
5.
Attached as Exhibit B is a true and correct copy of excerpts of the August 24,
2023 deposition of Erik Kellogg, BAM Trading’s Chief Information Security Officer.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed this 18th day of September, 2023, in New York.
s/ J. Emmett Murphy
J. Emmett Murphy
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Case 1:23-cv-01599-ABJ-ZMF Document 113-1 Filed 09/18/23 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
SECURITIES AND EXCHANGE
)
COMMISSION,
)
)
Plaintiff,
)
)
v.
)
Civil Action No. 1:23-cv-01599
)
BINANCE HOLDINGS LIMITED,
)
BAM TRADING SERVICES INC.,
)
BAM MANAGEMENT US HOLDINGS
)
INC., AND CHANGPENG ZHAO,
)
)
Defendants.
)
__________________________________________)
DECLARATION OF J. EMMETT MURPHY
I, J. Emmett Murphy, declare pursuant to 28 U.S.C. § 1746 as follows:
1.
I am a Trial Attorney for the Plaintiff Securities and Exchange Commission
(“SEC”). I submit this Declaration in support of the SEC’s Reply In Support of its Motion to
Compel Discovery and Other Relief.
2.
I have personal knowledge of the matters set forth in this Declaration, except as
otherwise noted, and, if called as a witness, I could and would competently testify under oath to
the facts stated herein.
3.
On September 13, 2023, the SEC took the deposition of
At this time, an official transcript of the
deposition is unavailable, but based on my personal knowledge of the substance of the
deposition, as supported by my attendance at the deposition and review of an unofficial, or
“rough,” transcript provided by the court reporter,
relevant part, as follows:
a.
1
in sum and substance, in
PDF Page 3
Case 1:23-cv-01599-ABJ-ZMF Document 113-1 Filed 09/18/23 Page 2 of 2
b.
4.
Attached as Exhibit A is a true and correct copy of excerpts of the August 31,
2023 deposition of
5.
Attached as Exhibit B is a true and correct copy of excerpts of the August 24,
2023 deposition of Erik Kellogg, BAM Trading’s Chief Information Security Officer.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed this 18th day of September, 2023, in New York.
s/ J. Emmett Murphy
J. Emmett Murphy
2
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