On Sat, Jul 30, 2022, 10:49 PM Gunnar Larson <g...@xny.io> wrote:
> March 10, 2022 > > BY ELECTRONIC MAIL > > Mr. John Marzulli > United States Department of Justice > Eastern District of New York > 271 Cadman Plaza East > Brooklyn New York, 11201 > john.marzu...@usdoj.gov > > Re: Memo #4 - Goldman Sachs Deferred Prosecution Agreement > > Dear Mr. Marzulli: > > The Department of Justice has yet to respond to Memo #1, Memo #2 and Memo > #3 with our recent inquiry to the 1Malaysia Development Berhad Deferred > Agreement. Goldman Sachs' Deferred Prosecution Agreement > <https://www.justice.gov/usao-edny/pr/goldman-sachs-resolves-foreign-bribery-case-and-agrees-pay-over-29-billion> > with the United States of America is in potential breach, with ethical > enforcement being concerned. > Memo #4 aims to associate the malfeasance in Malaysia with war crimes of > aggression (in the planning, initiation, or execution of a large-scale > and serious act of aggression), leveraging the world’s only military > divided capital city Nicosia, Cyprus. > > 1. > > Additionally, Memo #4 aims to earn the DOJ’s assessment of New York > State’s regulatory marketplace manipulation deriving the war crime against > peace, related to the planning, preparation, initiation, waging or > participation in a common plan or conspiracy related to a war of > aggression, which can only apply in relation to international armed > conflict. > 2. > > In this case, the first challenge is to observe and consider the > simple idea that the DOJ’s Deferred Prosecution Agreement with Goldman > Sachs alone, through means of regulatory arbitrage naively fails to > recognize the ‘cause and effect’ relationship at play at the inception of > Memo #4’s assertion of war crimes. > 3. > > Even with the best of intentions, perhaps unknowingly the DOJ may be > amplifying the effect of potential war crimes by indirectly supplementing > the root cause of the problem and financial model of the Deferred Agreement > being self-policing. > > Mr. Marzulli, there has been an active United Nations peacekeeping mission > in Cyprus since the 1964 Turkish military invasion and occupation of the > northern third of Cyprus. Only Turkey recognises the Turkish Republic of > Northern Cyprus, while there is broad recognition that the ongoing military > presence constitutes occupation of territories that are under Turkish > military control. > > > - > > The graduate education behind Memo #4 is a product of the University > of Nicosia’s (UNIC) main campus, located adjacent to the United Nations > Buffer Zone that separates the invaded Turkish Republic of North Cyprus and > the Republic of Cyprus, which joined the European Union in 2004. > - > > Memo #4 is also a product of United Nations consultancy, based at its > Manhattan headquarters, where (today, what is now xNY.io - Bank.org) > was credited with increasing the breadth and accessibility of reference > content from the world’s most important multinational organization. > - > > Memo #4’s subject of war crimes has preeminent association with such > projects as the Audio Visual Library of International Law. > > Over the following sections, Memo #4 will provide a detailed timeline that > would constitute real concern of the war crime of aggression yielding the > war crime against peace in active war conflict in the world’s only military > divided capital, funded from Manhattan Island. > > The Bank of Cyprus and Illegal Short Selling Irregularities of Turkey’s > Markets > > Mr. Marzulli, turn this matter as we will, and look at it from any side > whatsoever, and it presents the appearance of a cross-border act of > aggression. Goldman Sachs’ potential disrespect to the Deferred Agreement’s > core values has cultivated new crimes that aim to manipulate cross-border > war crime regulatory frameworks. > > - > > On April 02, 2021 the Financial Times reported that Turkey fined > Goldman Sachs over alleged irregularities in short selling, just a week > after foreign investors pulled $1.9B from the country’s stock and bond > markets. Turkey’s Capital Markets Board said that Goldman Sachs was among > 10 securities firms that had placed orders for short selling without proper > notification, violating rules enacted previously that temporarily > prohibited such transactions. > - > > On April 20, 2021 the CyprusMail (Cyprus’ only English Language daily > newspaper) reported Goldman Sachs International acted as Global > Coordinators and Dealer Managers in a $330M bond issuance for the Bank of > Cyprus. > > > Given the active military conflict in Cyprus, Memo #4 notes that there is > one place on the planet you are not supposed to do this sort of thing. > Furthermore, the DOJ’s Deferred Agreement with Goldman Sachs may have been > tainted with the potential war crime of aggression, risking international > peace and the lives of United Nations peacekeepers, while jeopardizing the > United States of America’s financial security. > > Concern of New York Prime Bank Instrument Fraud and Marketplace > Manipulation > > The United States Department of the Treasury warns that Prime Bank > Instrument Fraud schemes have attracted significant international > attention, since individuals and organizations have lost billions of > dollars worldwide. "Prime Bank Instrument Fraud" is the general term given > to prime bank fraud schemes that go by many different names. > > During April 2021, Goldman Sachs could not in good faith (and, plausible > deniability) make any reasonable claim of holding a pristine relationship > with Turkey’s Central Bank or with Cyprus’ largest financial institutions, > given the 1Malaysia Development Berhad scandal and then pending Deferred > Prosecution Agreement with the United States of America. > > - > > Memo #4 suggests that Goldman Sachs developed a Prime Bank Instrument > Fraud program to level out yo-yo market dynamics caused by failed > marketplace manipulation exercises in Turkey and Cyprus. > - > > Systematic bank fraud and/or marketplace manipulation of any kind > between Turkey and Cyprus could constitute the war crime of aggression. > - > > Furthermore, Memo #4 argues that Goldman Sachs may have tried to > bambooze governments in New York, Cyprus and Turkey through regulatory > arbitrage loopholes, while Goldman seemingly may have not considered the > totality of such actions as war crimes. > > > Turkey has the highest inflation in Europe. It has the second-highest rate > of inflation among emerging markets, just behind Argentina. It has the 13th > highest inflation rate in the world, ranking it between South Sudan and > Nigeria. After Goldman Sachs was fined for illegal stock and bond market > short selling by the Turkish government, logic would argue further > malfeasance potentially could have been avoided by the DOJ’s 1Malaysia > Development Berhad investigation. > > > - > > On April 15, 2021 CNBC reported that Goldman Sachs (note, the previous > section’s milestones of April 02, 2021 and April 20, 2021) crucially > removed its bias toward Turkey tightening interest rates. Goldman issued > guidance highlighting the fact that the bank thought that, “…the removal of > the tightening bias against rising inflation expectations suggests that the > TCMB (Turkish Central Bank) now has a more dovish reaction function.” > - > > On August 14, 2021 the CyprusMail reported serious concern among > economists about data reporting from the Turkish Statistical Institute. > Ahmet Takan, a former official with the office of the Turkish prime > minister, acted as a whistle blower, warning that Turkey potentially was > manipulating inflation data. > - > > On September 1, 2021 Reuters reported that Goldman Sachs hiked Turkish > growth forecasts. Goldman economists issued guidance stating, "Overall, the > Turkish economy has been able to grow faster than we thought without a > deterioration in its external balances, as the pickup in foreign demand has > been very supportive." > - > > On November 30, 2021 Reuters reported that Goldman Sachs trimed > Turkey’s 2022 growth forecast. Goldman Sachs' Murat Unur stated, "We think > that the GDP figures released today tell us little about the pace of > economic activity going forward as the recent sell-off in the Lira is > likely to impact economic activity significantly" > > > Mr. Marzulli, the DOJ’s Deferred Prosecution Agreement with Goldman Sachs > was signed on October 21, 2021. The timeline of events above do not > coincide with terms and conditions of the Deferred Agreement mandated by > the United States of America. > > Furthermore, as an international graduate scholars of the world’s only > military divided capital on the planet, xNY.io - Bank.org should be > protected from any association of crimes against peace, related to the > planning, preparation, initiation, waging or participation in a common plan > or conspiracy related to a war of aggression, which can only apply in > relation to international armed conflict. > > > War Crimes Against Humanity > > Mr. Marzulli, xNY.io - Bank.org is concerned that potential breaches to > the Deferred Agreement are impacting our global enterprise. Crimes against > humanity can be committed in peacetime as well as during an armed conflict. > Even a single act could fall under this exclusion ground provided it forms > part of a widespread or systematic attack against a civilian population and > the act is committed by any person (including a civilian) who had knowledge > of the attack and the link of the act to the attack. > > > 1. > > We are looking to learn more about the DOJ’s approach to assessing any > potential breaches to the Deferred Agreement’s mandates as we determine New > York State’s role in cross-border bank regulation and corresponding > innovation beyond war crimes against humanity. > 2. > > In order to establish whether a war crime or a crime against humanity > has been committed, the case officer should consult the relevant > international instruments and case law. > 3. > > Crimes against humanity are fundamentally inhumane acts, committed as > part of a systematic or widespread attack. Inhumane acts, which could reach > this threshold when committed pursuant to or in furtherance of a State or > organizational policy (potentially, New York State bank regulation). > 4. > > Persecution against any identifiable group or collectivity on > political, racial, national, ethnic, cultural, religious, gender, or other > grounds that are universally recognised as impermissible under > international law. > 5. > > Furthermore, we have made 28 highlights to the Deferred Agreement > providing supporting reference to Memo #4’s overarching premise. > > > xNY.io - Bank.org submits Memo #4 for DOJ consideration of other inhumane > acts of a similar character intentionally causing great suffering, or > serious injury to body or to mental or physical health. Some crimes against > humanity would require an additional specific intent, such as Goldman Sachs > willfully disrespecting New York State and/or overall peace and security of > the United States of America. > > Memo #1, Memo #2, Memo #3 and Memo #4 outline instances that correspond > with the associated definitions of the potential war crimes abroad and > jeopardize the future of bank innovation from New York, at great sacrifice > to the Homeland. > > We hope to learn the DOJ’s approach to comment on Memo #4’s subject matter > or, without delay refer these concerns to the International Criminal Court > and/or International Court of Justice for comment. > > Respectfully yours with anticipation, > > Gunnar Larson - xNY.io <http://www.xny.io> | Bank.org > > <http://bank.org>MSc > <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&utm_medium=Search&utm_campaign=MSc-Digital-Currency-North-America&utm_term=blockchain%20unic&gclid=Cj0KCQiAyJOBBhDCARIsAJG2h5ctwwMz0MRbVSk-LaYD-GMU5UgDSw7ynxbGr_a7SkaFAZzJc1-pzxEaAi4NEALw_wcB> > - Digital Currency > MBA > <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovation-mba-1-5-years-or-3-semesters/> > - Entrepreneurship and Innovation (ip) > g...@xny.io +1-646-454-9107 >