Page 1 Declaration of Matthew Beville
Ex. 9Page 2 UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
SECURITIES AND EXCHANGE
)
COMMISSION,
)
)
UNDER SEAL
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
one of BAM Trading’s
“key shard” holders for BAM’s crypto asset wallets. 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,
testified, in sum and substance, in
relevant part, as follows:
a.
exercises limited discretion in approving transfer, staking, and
1Page 3 whitelisting requests, all of which come from BAM’s
“the initiator.”
b.
The Apple ID for the shard holder device that the SEC recently reviewed
linked to an email address that appears to be associated with a Binance
employee
4.
Attached as Exhibit A is a true and correct copy of excerpts of the August 31,
2023 deposition of
5.
BAM Trading’s Head of Clearing.
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
PDF Page 1
PlainSite Cover Page
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Case 1:23-cv-01599-ABJ-ZMF Document 141-8 Filed 10/03/23 Page 1 of 3
Declaration of Matthew Beville
Ex. 9
PDF Page 3
Case 1:23-cv-01599-ABJ-ZMF Document 141-8 Filed 10/03/23 Page 2 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
SECURITIES AND EXCHANGE
)
COMMISSION,
)
)
UNDER SEAL
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
one of BAM Trading’s
“key shard” holders for BAM’s crypto asset wallets. 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,
testified, in sum and substance, in
relevant part, as follows:
a.
exercises limited discretion in approving transfer, staking, and
1
PDF Page 4
Case 1:23-cv-01599-ABJ-ZMF Document 141-8 Filed 10/03/23 Page 3 of 3
whitelisting requests, all of which come from BAM’s
“the initiator.”
b.
The Apple ID for the shard holder device that the SEC recently reviewed
linked to an email address that appears to be associated with a Binance
employee
4.
Attached as Exhibit A is a true and correct copy of excerpts of the August 31,
2023 deposition of
5.
BAM Trading’s Head of Clearing.
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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