FOIL #2022-090560 Appeal (Apple Card Records)

Gunnar Larson g at xny.io
Wed Mar 6 07:38:41 PST 2024


Ms. Tomczak:

Do you have an update on the Apple Card records?

Gunnar

On Thu, Feb 15, 2024, 5:23 AM Gunnar Larson <g at xny.io> wrote:

> 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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