FOIL #2022-090560 Appeal (Apple Card Records)

[Gunnar Larson]

Ms. Tomczak:

Hope you are enjoying a good day.

xNY.io - Bank.org heard from NY-DFS yesterday on two matters via email. We
appreciate your office's continued innovation approach to our
communications with NY-DFS.

Ms. Tomczak, however, we did not receive an update yesterday on our
dignified Apple Card records request launched two years ago.

xNY.io - Bank.org is concerned that any further delay in receiving these
Apple Card records could impact our global business enterprise.

When does NY-DFS anticipate any potential update on the Apple Card records
request in the spirit of innovation?

Thank you,

Gunnar

--
Gunnar Larson

xNY.io | Bank.org

MSc - Digital Currency
MBA - Entrepreneurship and Innovation (ip)
G at xNY.io +1-917-580-8053


On Tue, Feb 13, 2024, 12:07 PM Gunnar Larson <g at xny.io> wrote:

> Dear Ms. Tomczak:
>
> Concerning the Apple Card records mentioned in your letter dated July 25,
> 2023, today xNY.io - Bank.org kindly seeks an update on this important
> matter.
>
> Mitigating all risk, we do not want the Apple Card scenario to further
> complicate excess D&O matters at xNY.io - Bank.org. As I understand it, the
> Eastern District of New York has a deferred agreement with Apple Card that
> NY-DFS' character and fitness guidelines require xNY.io - Bank.org to
> respect.
>
> We are not exactly sure on the deferred agreement's expiration date, it
> may have been within the last two weeks. If the date has expired, xNY.io -
> Bank.org would need NY- DFS to further facilitate a copy of correspondence
> with the Eastern District of New York, given the nature of federal and
> international law expressed by the deferred agreement (fun fact, I was a
> founding producer of the UN's Audio Visual Library of International Law).
>
> Does NY-DFS have an update on the Apple Card concern?
>
> If not, can you please provide xNY.io - Bank.org confirmation that NY-DFS
> has communicated with the Eastern District of New York and that we are not
> party to the deferred agreement's scope of influence by EOD tomorrow,
> February 14, 2024?
>
> Thank you,
>
> Gunnar
>
> --
> Gunnar Larson
> xNY.io - Bank.org
> 917-580-8053
>
>
> On Fri, Nov 10, 2023, 4:52 PM Gunnar Larson <g at xny.io> wrote:
>
>> Ms. Tomczak:
>>
>> Hope you are well. Can you please update xNY.io - Bank.org on our Apple
>> Card records request?
>>
>> Ms. Tomczak, this matter has been going on over 600 days. It involves a
>> D&O condition of the past Superintendent. We have a similar problem
>> concerning another D&O matter that Ms. James and Ms. Harris are aware of.
>>
>> Mitigating all risk, we do not want the Apple Card scenario to further
>> complicate excess D&O matters at xNY.io - Bank.org. As I understand it, the
>> Eastern District of New York has a deferred agreement with Apple Card that
>> NY-DFS' character and fitness guidelines require xNY.io - Bank.org to
>> respect.
>>
>> We are not exactly sure on the deferred agreement's expiration date, it
>> may have been within the last two weeks. If the date has expired, xNY.io -
>> Bank.org would need NY- DFS to further facilitate a copy of correspondence
>> with the Eastern District of New York, given the nature of federal and
>> international law expressed by the deferred agreement (fun fact, I was a
>> founding producer of the UN's Audio Visual Library of International Law).
>>
>> Does NY-DFS have an update on the Apple Card concern? If not, can you
>> please provide xNY.io - Bank.org confirmation that NY-DFS has communicated
>> with the Eastern District of New York and that we are not party to the
>> deferred agreement's scope of influence by EOD, Monday November 13, 2023?
>>
>> Have a great weekend and Happy Veterans Day.
>>
>> Thank you,
>>
>> Gunnar
>>
>> Gunnar Larson
>> xNY.io - Bank.org
>> 917-580-8053
>>
>>
>>
>>
>> On Mon, Oct 16, 2023, 12:06 PM Tomczak, Christine (DFS) <
>> christine.tomczak at dfs.ny.gov> wrote:
>>
>>> Hello Mr. Larson,
>>>
>>>
>>>
>>> I will check into this.  Sorry for the delay.
>>>
>>>
>>>
>>> Christine
>>>
>>>
>>>
>>> Christine M. Tomczak
>>>
>>> Assistant Counsel
>>>
>>>
>>>
>>> New York State Department of Financial Services
>>>
>>> 1 State Street, New York, New York   10004
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> *From:* Gunnar Larson <g at xny.io>
>>> *Sent:* Monday, October 16, 2023 9:35 AM
>>> *To:* Tomczak, Christine (DFS) <christine.tomczak at dfs.ny.gov>
>>> *Subject:* Re: FOIL #2022-090560 Appeal
>>>
>>>
>>>
>>> *ATTENTION: This email came from an external source. Do not open
>>> attachments or click on links from unknown senders or unexpected emails.*
>>>
>>>
>>>
>>> Dear Ms. Tomczak:
>>>
>>>
>>>
>>> Hope this email finds you well.
>>>
>>>
>>>
>>> Concerning the Apple Card records mentioned in your letter dated July
>>> 25, 2023, today xNY.io - Bank.org kindly seeks an update on this
>>> important matter.
>>>
>>>
>>>
>>> Please let us know when the time is convenient for you.
>>>
>>>
>>>
>>> Sending you the best wishes.
>>>
>>>
>>>
>>> Thank you very much,
>>>
>>>
>>>
>>> Gunnar
>>>
>>>
>>>
>>> Gunnar Larson
>>>
>>> xNY.io - Bank.org
>>>
>>> 917-580-8053
>>>
>>>
>>>
>>> ue, Jul 25, 2023, 2:54 PM Tomczak, Christine (DFS) <
>>> christine.tomczak at dfs.ny.gov> wrote:
>>>
>>> Dear Mr. Larson,
>>>
>>>
>>>
>>> See attached letter.
>>>
>>>
>>>
>>> Best regards,
>>>
>>>
>>>
>>> Christine Tomczak
>>>
>>>
>>>
>>>
>>>
>>> Christine M. Tomczak
>>>
>>> Assistant Counsel
>>>
>>>
>>>
>>> New York State Department of Financial Services
>>>
>>> 1 State Street, New York, New York   10004
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
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