discussion 3
In July 2011, two policemen went to my house and asked me to go to the District Attorney's office to have an interview.
But I refused.
[MUSIC] [MUSIC] [MUSIC] [MUSIC] [MUSIC] [MUSIC] Good morning ladies and gentlemen of the jury.
This is a simple case about a bank that was converted into as federal conspiracy jury.
[INAUDIBLE] The defendant engaged in an ongoing mortgage fraud.
They routinely falsified and faked mortgage documents and they the Federal Mortage Association, commonly known as Fannie May.
They took Fannie May's money for loans and [INAUDIBLE].
All the while promising that the loans contained truthful and verified information.
The defendants did this over and over and over.
And between 2005 and 2010, the bank earned millions of dollars serving these fraudulent loans [INAUDIBLE].
The defendants conspired to steal money from Fannie May and did, in fact, steal money from Fannie May.
[MUSIC] one of his favorites went like this.
How many legs does a dog have, and the answer is four.
Surrendered.
Calling Fannie May the victim of grand larceny and fraud is like calling a dog's.
And we have no loss, we have no harm, we have no larceny, we have no fraud.
[MUSIC] [MUSIC] Good morning Mr..
>> Good morning.
>> When the court officer swore you in, he asked you your name.
You said Chi.
Is there another name that you go by?
>> Ken Yu.
[MUSIC] >> Mr.
Yu, I'd like to direct your attention to.
Let's just get right into it.
[MUSIC] [INAUDIBLE] >> I was driving.
>> So that long pause is because you were driving, you were distracted?
That's your testimony?
>> I cannot recall if I was definitely driving.
>> You'll say that if you get in trouble, is that what you mean?
>> I say that because- >> Mr.
Yu, I'm asking you, it's a strange way to answer that question.
And I'm asking you what you mean by it.
[MUSIC] >> I will say that I believe that.
>> Well, the jury can decide.
[MUSIC] [MUSIC] [MUSIC] tells me that he works in local government and that income on his tax returns is $300 a week.
That's not enough to get a motorcycles.
Well, instead of turning him down, [INAUDIBLE] employer.
>> And then you would record that information, did you believe it to be truthful?
>> Of cause not.
>> And who do you turn it to?
>> And who Mr Chan and that is the law [MUSIC] Of course, as I watched my old colleagues lie about me, I was very unhappy, but as a defendant I couldn't do anything.
The only thing I could do was just sit there and watch.
[MUSIC] [MUSIC] [MUSIC] [MUSIC] Did you ever tell the person that you spoke to at Abacus Bank that you were a manager at [INAUDIBLE]?
>> [FOREIGN] >> I was not a manager, a person told me that my income was [INAUDIBLE] so it's better if I [INAUDIBLE] manager, otherwise I can't get a loan.
[MUSIC] >> On this loan file, why does it say you're a manager?
>> I don't know.
>> Did you tell anyone that you were a manager?
>> No.
[MUSIC] >> Mr. Lin, you had your employer sign the verification of employment form for the loan file, is that correct?
>> Yes.
>> And he signed as the co-owner of the China Sun.
Did anybody co-own the restaurant with Mr. Pen?
>> I don't really know.
>> You don't know if Shuuinlyn was also a co-owner of the China Sun Restaurant?
>> I only met this person a few times.
I don't know if this person's the co-owner of the restaurant or not.
>> Shuuinlyn you only met a few times and you don't know if she's the co-owner?
>> She didn't tell me, and I didn't ask.
>> Okay, Shuuinlyn, spelled S-H-U-U-I-N-L-Y-N >> You don't know who that is?
>> I know who that is.
>> You do know who that is.
So who is that?
>> You can say she's like a sister.
>> Is she like a sister or is she your sister?
>> She's my sister.
[MUSIC] [MUSIC] [MUSIC] [MUSIC] Mr Yu, let's talk of this gift letter certification.
It reads that you are making a gift of $9,000 to your cousin, Qi Zhen Chen.
Is Qi Zhen Chen your cousin?
>> No.
>> Did you make a gift of $9,000 to Qi Zhen Chen?
>> He gave me $9,000 in cash, and he went downstairs and he got the certified bank check [INAUDIBLE].
>> Tell us how it came to be that Qi Zhen Chen gave you $9,000 and then you gave him a check.
>> [INAUDIBLE] customer didn't have credit scores.
>> Can you tell us, from this document, who approved this loan?
>> That would be Ms..
[MUSIC] >> [INAUDIBLE], what is this [INAUDIBLE]?
>> But the bank [INAUDIBLE] borrow alone, or [INAUDIBLE].
>> Right, and [INAUDIBLE] for example, after reading the file, before [INAUDIBLE] but not before [INAUDIBLE].
Isn't that right?
>> Very right, sir.
>> So the verification of employment that we [INAUDIBLE], that [INAUDIBLE] were done after [INAUDIBLE] approved this loan on behalf of [INAUDIBLE].
Isn't that right?
>> In this case, yes.
[MUSIC] Not easy?
>> Not easy, for over five years we've been dragged miserably through this.
Just think about it, our bank was doing so well, wasn't it?
Such good business messed up by them.
They should pay the bank for the reputational damage.
They are trying to make fun of us Chinese people.
[MUSIC] >> Ms. Roma is the Federal National Mortgage Association, otherwise known as Fannie Mae, and this is to make money.
>> Fannie Mae is in the business of providing home ownership, and as a result of that, Fannie Mae does make money, yes.
[MUSIC] >> Ms. Roma, Fannie Mae doesn’t wanna lose money, does it?
>> Absolutely not, and it doesn’t want our lenders to lose money, either.
>> And you are familiar with the default rate of Abacus loans during the indictment period, correct?
>> Yes, I am.
[MUSIC] >> Would you say that that was a low default rate?
>> The default rate is low.
>> Would you say it's microscopically low?
>> Objection, to the characterization.
>> Sustained as to the word microscopic.
[MUSIC] [MUSIC] [MUSIC] [MUSIC] In a set, it is their fear that the these time documents are so obviously thought than those and many other authorized, should it capture, Chief Justice, that they were involved.
[INAUDIBLE] The best on the horizon.
All they do all day every day is look at all of the gold standard and they did [INAUDIBLE].
So the factory doesn't see how did that.
[MUSIC] I'm gonna show you again at least enough for 2012 because it shed some light on this very issue.
We recognize that you have very unique needs that are closely linked to the borrowers you serve.
While doing anything customized in this environment is very difficult.
[INAUDIBLE] Is that one of the challenges to the bank.
Absolutely, it would be a lot easier to deal with a body of investment bankers.
That would be easier.
Banks chose to serve [MUSIC] >> [INAUDIBLE] Hardworking first generation in the realization of the American dream.
[INAUDIBLE] Advocates federal safety ranking is 350.
And all the rest on their own.
But they are not free to take risks their people's money and not.
They cannot take those risks and pass it on somebody else without telling the truth.
[MUSIC] [MUSIC] [MUSIC] [INAUDIBLE] [MUSIC] [MUSIC] >> You've gotta eat, and then take a cab, don't take the subway.
You're old man, okay?
You're not a young kid anymore, I've seen you every day for the last five years, this case is killing you.
[MUSIC] [MUSIC] [MUSIC] [MUSIC] [MUSIC] [MUSIC]