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Filing #187370872 E-Filed 12/05/2023 11:40:40 AM
RETURN OF SERVICE
State of Florida County of Miami-Dade Circuit Court
Case Number: 2023-020202-CA-01 Court Date: 12/22/2023 10:00 am
Plaintiff:
CODY KERNS, an individual, KERNS CAPITAL MANAGEMENT, INC., a British
Virgin Islands Company, and WFTMB Holdings, LLC, a Florida Limited Liability
Company,
vs.
Defendant:
FXWINNING, LTD., a Hong Kong Limited Company,
JONATHAN LOPEZ, an individual,
JULIAN KUSCHNER, an individual,
DAVID MERINO, an individual,
RENAN DA ROCHA GOMES BASTOS, an individual,
RAFAEL BRITO CUTIE, an individual,
BBRC REAL ESTATE, LLC,
a Florida Limited Liability Company
For:
David M Levine
Sanchez Fischer Levine Llp
8201 Peters Road
Ste 1000
Plantation, FL 33324
Received by DLE Process Servers, Inc on the 29th day of November, 2023 at 1 ‘3 am to be served on Professional Bank c/o
Michael C. Sontag, Esq., Registered Agent, 5100 PGA Boulevard, Suite 101, Palm Beach Gardens, FL 33418
|, James Cain, do hereby affirm that on the 1st day of December, 2023 at 3:23 pm, I:
served a CORPORATION by delivering a true copy of the Subpoena for Video Deposition Duces Tecum. with the date and hour
of service endorsed thereon by me, to: Lauri Dolan as Authorized to Accept for Professional Bank, at the address of: 815
Colorado Ave, Stuart, FL 34994, and informed said person of the contents therein, in compliance with state statutes.
Additional Information pertaining to this Service:
11/30/2023 10:45 am Attempted service at 5100 PGA Boulevard Suite 101, Palm Beach Gardens, FL 33418, non served at this
address (Permanently closed ) vacant.
12/1/2023 3:23 pm Service Completed at 815 Colorado Ave, Stuart, FL 34994
| certify that | am over the age of 18, have no interest in the above action, and am a Certified Process Server, in good standing, in
the judicial circuit in which the process was served.
Under penalties of perjury, | declare that | have read the foregoing Verified Service and that e facts stated are true. F.S.
92.525. NOTARY NOT REQUIRED PURSUANT TO F.S. 92.525
James Cain
10 28
DLE Process Servers, Inc
936 Sw 1st Avenue
#261
Miami, FL 33130
(786) 220-9705
Our Job Serial Number: DLE-2023060976
Copyright © 1992-2023 DreamBuilt Software, Inc. - Process Server's Toolbox V8.2t
DELIVERED 12/1/2023 3:23 PM
SERVER Jc
LICENSE 10 28
IN THE CIRCUIT COURT OF THE 111
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: 2023-020202-CA-01
CODY KERNS, ef al.,
Plaintiffs,
Vv.
FX WINNING, LTD., ef al.,
Defendants.
/
SUBPOENA FOR VIDEOTAPED DEPOSITION DUCES TECUM
THE STATE OF FLORIDA:
TO: Professional Bank
c/o Michael C. Sontag, Esq., Registered Agent
5100 PGA Boulevard,
Suite 101
Palm Beach Gardens, Florida 33418
YOU ARE COMMANDED to appear at a deposition duces tecum on December 22, 2023
at 10:00 am EST, on the topics set forth in Schedule B at the law offices of Sanchez Fischer
Levine, LLP, 1200 Brickell Avenue, Suite 750, Miami, Florida 33131, and to produce to
undersigned counsel the documents in your possession, custody, or control described in Schedule
A hereto on or before December 13, 2023.' The deposition will be transcribed and videotaped by
Milestone Reporting whose address is 315 East Robinson Street, Suite 510, Orlando, Florida
32801.
You have the right to object to the production pursuant to this subpoena at any time before
1 The undersigned is amenable to rescheduling the deposition to a mutually agreeable date and time.
1
production by giving written notice to the attorney whose name appears on this subpoena.
If you fail to:
(1) appear as specified; or
(2) furnish the records instead of appearing as provided above; or
(3) object to this subpoena,
you may be in contempt of Court. You are subpoenaed to appear by the following attorney, and
unless excused from this subpoena by this attorney or the Court, you shall respond to this subpoena
as directed.
Dated: November 28, 2023 SANCHEZ FISCHER LEVINE, LLP
1200 Brickell Avenue, Suite 750
Miami, Florida 33131
Telephone: (305) 925-9947
By: /s/ DavidM. Levine
David M. Levine, Esq.
Florida Bar No.: 84431
Email: dlevine@sfl-law.com
Secondary: eservice@sfl-law.com
Fausto Sanchez, Esq.
Florida Bar No.: 86229
Email: fsanchez@sfl-law.com
Lauren M. Allen, Esq.
Florida Bar No.: 1018424
Email: lallen@sfl-law.com
Robert Kemper, Esq.
Florida Bar. No.: 1038549
Email: rkemper@sfl-law.com
Counsel for Plaintiffs
DI INITIONS
1 “You”, “Your”, and “Professional Bank” refer to Professional Bank, as well as
any employees. agents, representatives. or other persons acting, or purporting to act, on its behalf.
2 ~FxWinning” refers to Defendant FxWinning, Ltd., as well as any employees,
agents, representatives, or other persons acting. or purporting to act, on its behalf.
3 “Pribabe” refers to Pribabe. LLC, as well as any employees, agents,
representatives, or other persons acting, or purporting to act, on its behalf.
4 “Prime Trust” refers to Prime Trust, LLC, as well as any employees, agents,
representative, or other persons acting, or purporting to act, on its behalf.
5 “Merino” refers to Defendant David Merino, as well as any employees, agents,
representatives, or other persons acting, or purporting to act, on his behalf.
6 “Brito” refers to Defendant Rafael Brito Cutie, as well as any employees, agents,
representatives, or other persons acting, or purporting to act, on his behalf.
7
“Rocha” refers to Defendant Renan da Rocha Gomes Bastos, as well as any
employees, agents, representatives, or other persons acting, or purporting to act, on his behalf.
8 “Kuschner” refers to Defendant Julian Kuschner, as well as any employees, agents,
representatives, or other persons acting, or purporting to act, on his behalf.
9 “Lopez” refers to Defendant Jonathan Lopez, as well as any employees, agents,
representatives, or other persons acting, or purporting to act, on his behalf.
10. “Trading Platform” refers to any and all foreign currency trading platforms owned
and operated by FxWinning, Ltd. including the online platform available at fxwinning.net and/or
fxwinning.pro.
11. “Relationship” refers to any form of connection between or among Persons,
including without limitation, a personal relationship, business relationship, implied relationship,
de facto relationship, and contractual relationship.
12. “Communication” and “communications” means any and all inquiries,
discussions, conferences, conversations, negotiation, agreements, meetings, interviews, telephone
conversations, letters, correspondence, notes, telegrams, facsimiles, electronic mail (e-mail), text
messages (including i-messages and WhatsApp messages), memoranda, documents, writings, or
other forms of communications, including but not limited to both oral and written communications.
13. “Document” is defined to be synonymous in meaning and equal in scope to the
terms “documents” and “things” in Rule 1.350 of the Florida Rules of Civil Procedure. The term
“documents” is intended to be comprehensive and to include, without limitation, all original
writings of any nature whatsoever, copies and drafis which, by reason of notes. changes, initials,
or identification marks are not identical to the or nal and all non-identical ori nal copies thereof.
In all cases where original or non-original copie are not available, “documents also means
identical copies of original documents and copi lhe term this includes, but is not limited to, any
kind of written or graphic matter, however. provided or reproduced, of any kind or description,
whether sent or received or neither, including but not limited to papers, book entries,
correspondence, telegrams, communications. transcripts, minutes, reports and recordings of
telephone or other conversations, or of interviews. or of conferences, or of committee meetings, or
of other meetings, affidavits, statements, summaries. opinions, reports, studies, analyses, formulae,
plans, specifications, evaluations, contracts, licenses, agreements, offers, ledgers, journals, books
of records of account, summaries of accounts. bills, service invoices, receipts. balance sheets,
income statements, questionnaires, answers to questionnaires, statistical records, desk calendars,
appointment books, diaries, lists, tabulations. charts, graphs, maps, surveys, sound recordings,
computer tapes, magnetic tapes, computer printouts, data processing input and output, emails, text
messages, WhatsApp messages, instant messages, microfilms, all other records kept by electronic,
photographic, or mechanical means, and things similar to any of the foregoing, however,
denominated, whether currently in existence or already destroyed. A draft or non-identical copy is
a separate document within the meaning of this term.
14. “Relates to,” “related to,” or “relating to” shall mean pertains to, refers to,
contains, concerns, describes, embodies, mentions, constitutes, supports, corroborates,
demonstrates, proves, evidences, shows, refutes. disputes, rebuts, controverts, or contradicts.
15. The use of the singular herein shall include the plural, and vice versa; the use of the
disjunctive shall include the conjunctive. and vice versa; and unless the context indicates
otherwise, the use of any gender includes all other genders.
16. The term “agreement(s)” includes, but is not limited to, contracts, agreements,
understandings, letters of understanding, letters of intent, negotiations, invoices, or other evidence
of any agreement regardless of whether there exists a binding commitment.
17. The connectives “and” and “or” shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of the discovery request all responses that
might otherwise be construed to be outside of its scope.
18. The terms “all” and “each” shall be construed either disjunctively or conjunctively
as necessary to bring within the scope of discovery all responses that might otherwise be construed
to be outside its scope.
INSTRUCTIONS
1 Each document requested shall be produced in its entirety. If any part of a
document is responsive to any of the following requests. the entire document should be produced.
If a document responsive to any request cannot be produced in full, it shall be produced to the
extent possible with an explanation stating why production of the remainder is not possible.
2 You are required to produce all documents that are in your posse: ion, custody, or
control, including documents in the possession, custody. or control of your agents. In producing
these documents, you are to (a) organize and label them to correspond to the numbered paragraphs
in these requests for documents, or (b) as they are regularly maintained in the course of business.
3 These requests are continuing in character so as to require you to supplement the
responses within a reasonable time if you obtain or become aware of any further information
responsive to these requests for documents.
4 With respect to any document being withheld from production on the basis of
attorney-client privilege, work product immunity, or otherwise, you must:
a. Identify the nature of the privilege which is being claimed and the rule of law under
which the privilege is being asserted; and
Provide the following information:
The type of documents (e.g.. letter, memorandum, etc.)
i The subject matter of the document;
ii The date of the document;
lV, The present location and identity of the document’s custodian; and
The author, addressee, and all recipients of copies of the document.
5 With respect to the transfer or receipt of any document, items, tangible or intangible
goods, money, or anything else of value, all such references shall include indirect transfers.
6 The singular includes the plural; and the plural includes the singular, except where
circumstances make it appropriate. The use of any tense of any verb includes all other tenses of
the verb so used, except where circumstances make it inappropriate.
7 Unless otherwise specified, the time period of this request is from January 1, 2021
through the present.
SCHEDULE * ”
DOCUMENTS REQU TED
Any and all documents related to Fx Winning.
Any and all communications between You and any person(s) related to Fx Winning.
Any and all documents related to the Trading Platform.
All documents and/or communications between You and Fx Winning relating to the
Trading Platform.
5 Any and all communications between You and any person(s) related to the Trading
Platform.
6 All documents and/or communications between You and Kuschner relating to
Fx Winning and/or the Trading Platform.
7 All documents and/or communications between You and Lopez relating to
Fx Winning and/or the Trading Platform.
8 All documents and/or communications between You and Merino relating to
Fx Winning and/or the Trading Platform.
9 All documents and/or communications between You and Brito relating to
FxWinning and/or the Trading Platform.
10. All documents and/or communications between You and Rocha relating to
Fx Winning and/or the Trading Platform.
11. All documents and/or communications between You and Prime Trust relating to
FX Winning and/or the Trading Platform.
12. All documents between You and Pribabe relating to FX Winning and/or the Trading
Platform.
13. All documents and/or communications related to any Know Your Customer and/or
anti-money laundering processes that Fx Winning underwent and/or is undergoing.
14. All documents and/or communications related to any Know Your Customer and/or
anti-money laundering processes that the Trading Platform underwent and/or is undergoing.
15. All documents and/or communications related to any transfers of funds from
Merino’s Prime Trust account to the Professional Bank bank account ending in X1495.
16. All documents relating to any wire transfers from Merino's Prime Trust account to
the Professional Bank bank account ending in X1495.
17. Any and all documents and/or communications relating to Your receipt of funds
from FX Winning customer accounts.
18. Any and all documents and/or communications evidencing any meetings between
You and any of the following individuals in relation to Fx Winning and/or the Trading Platform:
Kuschner;
Lopez;
Rocha;
Merino; or
Brito.
19. All documents evidencing any transfer(s) of funds by or to You with respect to
Rocha, Kuschner, Lopez, Merino, and/or Brito, directly or indirectly, and in which FxWinning
and/or the Trading Platform were mentioned in the account opening documents for these
individuals (or their companies), the wire transfer or deposit documents for these individuals (or
their companies), or otherwise mentioned in their account files with You.
20. All documents and/or communications relating to Merino’s use of the Professional
Bank bank account ending in X1495.
21. All documents and/or communications relating to any withdrawal(s) of funds by
Merino from the Professional Bank bank account ending in X1495.
22. All documents and/or communications relating to any deposit(s) of funds by
Merino to the Professional Bank bank account ending in X1495.
23. Any and all documents and/or communications linking Prime Trust to the
Professional Bank bank account ending in X1495.
24. Any and all documents and/or communications relating to the purchase of Unit
3305 at the Lofty Brickell condominium building, including source of funds.
25. Any and all documents and/or communications relating to the purchase of Unit
5801 at the Aria Reserve Condominium, including source of funds.
26. Any and all documents relating to any wire transfer from the Professional Bank
bank account ending in X1495 to Chicago Title Insurance Company.
27. Any and all documents relating to any wire transfer from the Professional Bank
bank account ending in X1495 to First American Title Insurance Company.
28. Any and all documents relating to any wire transfer from the Professional Bank
bank account ending in X1495 to Old Republican National Title Insurance Company.
29 Any and all bank statements related to FX Winning.
30 Any and all bank statements related to Merino.
31 Any and all bank statements related to Rocha.
32 Any and all account opening documents, including know your customer
documents, relating to FX Winning.
33. Any and all account opening documents, including know your customer
documents, relating to Merino.
34. Any and all account opening documents. including know your customer
documents, relating to Rocha.
SCHEDULE "B”
DEPOSITION TOPICS
The deponent(s) or person(s) with the most knowledge will be examined orally as to the
following topics:
1 The facts and circumstances surrounding any deposits of FX Winning customer
funds to You.
2 The facts and circumstances surrounding any meetings You had with FX Winning,
Merino, Rocha, or Brito.
3 The facts and circumstances surrounding any bank accounts in the name of
FX Winning, Merino, Brito, and/or Rocha.
4 The facts and circumstances surrounding any bank accounts opened by Merino in
any corporate name.
5 The facts and circumstances surrounding any transfers of funds from Merino’s
Prime Trust account to the Professional Bank bank account ending in X1495.
6 The facts and circumstances surrounding Your relationship with Fx Winning and/or
the Trading Platform.
7 The facts and circumstances surrounding Your relationship with Kuschner as it
relates to Fx Winning and/or the Trading Platform.
8 The facts and circumstances surrounding Your relationship with Lopez as it relates
to FxWinning and/or the Trading Platform.
9. The facts and circumstances surrounding Your relationship with Merino.
10. The facts and circumstances surrounding Your relationship with Patrick Fuentes.
11. The facts and circumstances surrounding Your relationship with Brito as it relates
to FxWinning and/or the Trading Platform.
10
12 The facts and circumstances surrounding any withdrawal(s) of funds by Merino
from the Professional Bank bank account ending in X1495.
13. The facts and circumstances surrounding any deposit(s) of funds by Merino to the
Professional Bank bank account ending in X1495,
14, The facts and circumstances surrounding any Know Your Customer and/or anti-
money laundering processes that FxWinning and/or the Trading Platform underwent and/or is
undergoing.
15. The facts and circumstances surrounding any deposits of funds from Prime Trust
to the Professional Bank bank account ending in X1495.
16 The facts and circumstances surrounding any transfer of funds by Rocha to You.
17 The facts and circumstances surrounding any transfer of funds by Kuschner to You.
18 The facts and circumstances surrounding any transfer of funds by Lopez to You.
19 The facts and circumstances surrounding any transfer of funds by Merino to You.
20. The facts and circumstances surrounding any transfers of funds from You to
Merino,
21 The facts and circumstances surrounding any transfer of funds by Brito to You.
22. The facts and circumstances surrounding any wire transfer from the Professional
Bank bank account ending in X1495 to Chicago Title Trust Insurance Company.
23. The facts and circumstances surrounding any wire transfer from the Professional
Bank bank account ending in X1495 to First American Title Insurance Company.
24. The facts and circumstance surrounding any wire transfer from the Professional
Bank bank account ending in X1495 to Old Republican National Title Insurance Company.
1]
25. The facts and circumstances surrounding the purchase of Unit 5801 at the Aria
Reserve Condominium, including source of funds.
26. The facts and circumstances surrounding the purchase of Unit 3305 at the Lofty
Brickell condominium building, including source of funds.
27. The facts and circumstances surrounding the purchase of Unit 8403/8C at the 300
Biscayne Residences, including source of funds.
28. The facts and circumstances surrounding the bank statements related to
FX Winning.
29. The facts and circumstances surrounding the bank statements related to Merino.
30. The facts and circumstances surrounding the bank statements related to Rocha.
31. The facts and circumstances surrounding the account opening documents, including
know your customer documents, relating to FX Winning.
32. The facts and circumstances surrounding the account opening documents, including
know your customer documents, relating to Merino.
33. The facts and circumstances surrounding the account opening documents, including
know your customer documents, relating to Rocha.
34. The facts and circumstances surrounding the documents produced pursuant to this
subpoena.
12
IN THE CIRCUIT COURT OF THE 111
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: 2023-020202-CA-01
CODY KERNS, ef al.,
Plaintiffs,
Vv.
FX WINNING, LTD., ef al.,
Defendants.
/
SUBPOENA FOR VIDEOTAPED DEPOSITION DUCES TECUM
THE STATE OF FLORIDA:
TO: Professional Bank
c/o Michael C. Sontag, Esq., Registered Agent
5100 PGA Boulevard,
Suite 101
Palm Beach Gardens, Florida 33418
YOU ARE COMMANDED to appear at a deposition duces tecum on December 22, 2023
at 10:00 am EST, on the topics set forth in Schedule B at the law offices of Sanchez Fischer
Levine, LLP, 1200 Brickell Avenue, Suite 750, Miami, Florida 33131, and to produce to
undersigned counsel the documents in your possession, custody, or control described in Schedule
A hereto on or before December 13, 2023.' The deposition will be transcribed and videotaped by
Milestone Reporting whose address is 315 East Robinson Street, Suite 510, Orlando, Florida
32801.
You have the right to object to the production pursuant to this subpoena at any time before
1 The undersigned is amenable to rescheduling the deposition to a mutually agreeable date and time.
1
production by giving written notice to the attorney whose name appears on this subpoena.
If you fail to:
(1) appear as specified; or
(2) furnish the records instead of appearing as provided above; or
(3) object to this subpoena,
you may be in contempt of Court. You are subpoenaed to appear by the following attorney, and
unless excused from this subpoena by this attorney or the Court, you shall respond to this subpoena
as directed.
Dated: November 28, 2023 SANCHEZ FISCHER LEVINE, LLP
1200 Brickell Avenue, Suite 750
Miami, Florida 33131
Telephone: (305) 925-9947
By: /s/ DavidM. Levine
David M. Levine, Esq.
Florida Bar No.: 84431
Email: dlevine@sfl-law.com
Secondary: eservice@sfl-law.com
Fausto Sanchez, Esq.
Florida Bar No.: 86229
Email: fsanchez@sfl-law.com
Lauren M. Allen, Esq.
Florida Bar No.: 1018424
Email: lallen@sfl-law.com
Robert Kemper, Esq.
Florida Bar. No.: 1038549
Email: rkemper@sfl-law.com
Counsel for Plaintiffs
DI INITIONS
1 “You”, “Your”, and “Professional Bank” refer to Professional Bank, as well as
any employees. agents, representatives. or other persons acting, or purporting to act, on its behalf.
2 ~FxWinning” refers to Defendant FxWinning, Ltd., as well as any employees,
agents, representatives, or other persons acting. or purporting to act, on its behalf.
3 “Pribabe” refers to Pribabe. LLC, as well as any employees, agents,
representatives, or other persons acting, or purporting to act, on its behalf.
4 “Prime Trust” refers to Prime Trust, LLC, as well as any employees, agents,
representative, or other persons acting, or purporting to act, on its behalf.
5 “Merino” refers to Defendant David Merino, as well as any employees, agents,
representatives, or other persons acting, or purporting to act, on his behalf.
6 “Brito” refers to Defendant Rafael Brito Cutie, as well as any employees, agents,
representatives, or other persons acting, or purporting to act, on his behalf.
7
“Rocha” refers to Defendant Renan da Rocha Gomes Bastos, as well as any
employees, agents, representatives, or other persons acting, or purporting to act, on his behalf.
8 “Kuschner” refers to Defendant Julian Kuschner, as well as any employees, agents,
representatives, or other persons acting, or purporting to act, on his behalf.
9 “Lopez” refers to Defendant Jonathan Lopez, as well as any employees, agents,
representatives, or other persons acting, or purporting to act, on his behalf.
10. “Trading Platform” refers to any and all foreign currency trading platforms owned
and operated by FxWinning, Ltd. including the online platform available at fxwinning.net and/or
fxwinning.pro.
11. “Relationship” refers to any form of connection between or among Persons,
including without limitation, a personal relationship, business relationship, implied relationship,
de facto relationship, and contractual relationship.
12. “Communication” and “communications” means any and all inquiries,
discussions, conferences, conversations, negotiation, agreements, meetings, interviews, telephone
conversations, letters, correspondence, notes, telegrams, facsimiles, electronic mail (e-mail), text
messages (including i-messages and WhatsApp messages), memoranda, documents, writings, or
other forms of communications, including but not limited to both oral and written communications.
13. “Document” is defined to be synonymous in meaning and equal in scope to the
terms “documents” and “things” in Rule 1.350 of the Florida Rules of Civil Procedure. The term
“documents” is intended to be comprehensive and to include, without limitation, all original
writings of any nature whatsoever, copies and drafis which, by reason of notes. changes, initials,
or identification marks are not identical to the or nal and all non-identical ori nal copies thereof.
In all cases where original or non-original copie are not available, “documents also means
identical copies of original documents and copi lhe term this includes, but is not limited to, any
kind of written or graphic matter, however. provided or reproduced, of any kind or description,
whether sent or received or neither, including but not limited to papers, book entries,
correspondence, telegrams, communications. transcripts, minutes, reports and recordings of
telephone or other conversations, or of interviews. or of conferences, or of committee meetings, or
of other meetings, affidavits, statements, summaries. opinions, reports, studies, analyses, formulae,
plans, specifications, evaluations, contracts, licenses, agreements, offers, ledgers, journals, books
of records of account, summaries of accounts. bills, service invoices, receipts. balance sheets,
income statements, questionnaires, answers to questionnaires, statistical records, desk calendars,
appointment books, diaries, lists, tabulations. charts, graphs, maps, surveys, sound recordings,
computer tapes, magnetic tapes, computer printouts, data processing input and output, emails, text
messages, WhatsApp messages, instant messages, microfilms, all other records kept by electronic,
photographic, or mechanical means, and things similar to any of the foregoing, however,
denominated, whether currently in existence or already destroyed. A draft or non-identical copy is
a separate document within the meaning of this term.
14. “Relates to,” “related to,” or “relating to” shall mean pertains to, refers to,
contains, concerns, describes, embodies, mentions, constitutes, supports, corroborates,
demonstrates, proves, evidences, shows, refutes. disputes, rebuts, controverts, or contradicts.
15. The use of the singular herein shall include the plural, and vice versa; the use of the
disjunctive shall include the conjunctive. and vice versa; and unless the context indicates
otherwise, the use of any gender includes all other genders.
16. The term “agreement(s)” includes, but is not limited to, contracts, agreements,
understandings, letters of understanding, letters of intent, negotiations, invoices, or other evidence
of any agreement regardless of whether there exists a binding commitment.
17. The connectives “and” and “or” shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of the discovery request all responses that
might otherwise be construed to be outside of its scope.
18. The terms “all” and “each” shall be construed either disjunctively or conjunctively
as necessary to bring within the scope of discovery all responses that might otherwise be construed
to be outside its scope.
INSTRUCTIONS
1 Each document requested shall be produced in its entirety. If any part of a
document is responsive to any of the following requests. the entire document should be produced.
If a document responsive to any request cannot be produced in full, it shall be produced to the
extent possible with an explanation stating why production of the remainder is not possible.
2 You are required to produce all documents that are in your posse: ion, custody, or
control, including documents in the possession, custody. or control of your agents. In producing
these documents, you are to (a) organize and label them to correspond to the numbered paragraphs
in these requests for documents, or (b) as they are regularly maintained in the course of business.
3 These requests are continuing in character so as to require you to supplement the
responses within a reasonable time if you obtain or become aware of any further information
responsive to these requests for documents.
4 With respect to any document being withheld from production on the basis of
attorney-client privilege, work product immunity, or otherwise, you must:
a. Identify the nature of the privilege which is being claimed and the rule of law under
which the privilege is being asserted; and
Provide the following information:
The type of documents (e.g.. letter, memorandum, etc.)
i The subject matter of the document;
ii The date of the document;
lV, The present location and identity of the document’s custodian; and
The author, addressee, and all recipients of copies of the document.
5 With respect to the transfer or receipt of any document, items, tangible or intangible
goods, money, or anything else of value, all such references shall include indirect transfers.
6 The singular includes the plural; and the plural includes the singular, except where
circumstances make it appropriate. The use of any tense of any verb includes all other tenses of
the verb so used, except where circumstances make it inappropriate.
7 Unless otherwise specified, the time period of this request is from January 1, 2021
through the present.
SCHEDULE * ”
DOCUMENTS REQU TED
Any and all documents related to Fx Winning.
Any and all communications between You and any person(s) related to Fx Winning.
Any and all documents related to the Trading Platform.
All documents and/or communications between You and Fx Winning relating to the
Trading Platform.
5 Any and all communications between You and any person(s) related to the Trading
Platform.
6 All documents and/or communications between You and Kuschner relating to
Fx Winning and/or the Trading Platform.
7 All documents and/or communications between You and Lopez relating to
Fx Winning and/or the Trading Platform.
8 All documents and/or communications between You and Merino relating to
Fx Winning and/or the Trading Platform.
9 All documents and/or communications between You and Brito relating to
FxWinning and/or the Trading Platform.
10. All documents and/or communications between You and Rocha relating to
Fx Winning and/or the Trading Platform.
11. All documents and/or communications between You and Prime Trust relating to
FX Winning and/or the Trading Platform.
12. All documents between You and Pribabe relating to FX Winning and/or the Trading
Platform.
13. All documents and/or communications related to any Know Your Customer and/or
anti-money laundering processes that Fx Winning underwent and/or is undergoing.
14. All documents and/or communications related to any Know Your Customer and/or
anti-money laundering processes that the Trading Platform underwent and/or is undergoing.
15. All documents and/or communications related to any transfers of funds from
Merino’s Prime Trust account to the Professional Bank bank account ending in X1495.
16. All documents relating to any wire transfers from Merino's Prime Trust account to
the Professional Bank bank account ending in X1495.
17. Any and all documents and/or communications relating to Your receipt of funds
from FX Winning customer accounts.
18. Any and all documents and/or communications evidencing any meetings between
You and any of the following individuals in relation to Fx Winning and/or the Trading Platform:
Kuschner;
Lopez;
Rocha;
Merino; or
Brito.
19. All documents evidencing any transfer(s) of funds by or to You with respect to
Rocha, Kuschner, Lopez, Merino, and/or Brito, directly or indirectly, and in which FxWinning
and/or the Trading Platform were mentioned in the account opening documents for these
individuals (or their companies), the wire transfer or deposit documents for these individuals (or
their companies), or otherwise mentioned in their account files with You.
20. All documents and/or communications relating to Merino’s use of the Professional
Bank bank account ending in X1495.
21. All documents and/or communications relating to any withdrawal(s) of funds by
Merino from the Professional Bank bank account ending in X1495.
22. All documents and/or communications relating to any deposit(s) of funds by
Merino to the Professional Bank bank account ending in X1495.
23. Any and all documents and/or communications linking Prime Trust to the
Professional Bank bank account ending in X1495.
24. Any and all documents and/or communications relating to the purchase of Unit
3305 at the Lofty Brickell condominium building, including source of funds.
25. Any and all documents and/or communications relating to the purchase of Unit
5801 at the Aria Reserve Condominium, including source of funds.
26. Any and all documents relating to any wire transfer from the Professional Bank
bank account ending in X1495 to Chicago Title Insurance Company.
27. Any and all documents relating to any wire transfer from the Professional Bank
bank account ending in X1495 to First American Title Insurance Company.
28. Any and all documents relating to any wire transfer from the Professional Bank
bank account ending in X1495 to Old Republican National Title Insurance Company.
29 Any and all bank statements related to FX Winning.
30 Any and all bank statements related to Merino.
31 Any and all bank statements related to Rocha.
32 Any and all account opening documents, including know your customer
documents, relating to FX Winning.
33. Any and all account opening documents, including know your customer
documents, relating to Merino.
34. Any and all account opening documents. including know your customer
documents, relating to Rocha.
SCHEDULE "B”
DEPOSITION TOPICS
The deponent(s) or person(s) with the most knowledge will be examined orally as to the
following topics:
1 The facts and circumstances surrounding any deposits of FX Winning customer
funds to You.
2 The facts and circumstances surrounding any meetings You had with FX Winning,
Merino, Rocha, or Brito.
3 The facts and circumstances surrounding any bank accounts in the name of
FX Winning, Merino, Brito, and/or Rocha.
4 The facts and circumstances surrounding any bank accounts opened by Merino in
any corporate name.
5 The facts and circumstances surrounding any transfers of funds from Merino’s
Prime Trust account to the Professional Bank bank account ending in X1495.
6 The facts and circumstances surrounding Your relationship with Fx Winning and/or
the Trading Platform.
7 The facts and circumstances surrounding Your relationship with Kuschner as it
relates to Fx Winning and/or the Trading Platform.
8 The facts and circumstances surrounding Your relationship with Lopez as it relates
to FxWinning and/or the Trading Platform.
9. The facts and circumstances surrounding Your relationship with Merino.
10. The facts and circumstances surrounding Your relationship with Patrick Fuentes.
11. The facts and circumstances surrounding Your relationship with Brito as it relates
to FxWinning and/or the Trading Platform.
10
12 The facts and circumstances surrounding any withdrawal(s) of funds by Merino
from the Professional Bank bank account ending in X1495.
13. The facts and circumstances surrounding any deposit(s) of funds by Merino to the
Professional Bank bank account ending in X1495,
14, The facts and circumstances surrounding any Know Your Customer and/or anti-
money laundering processes that FxWinning and/or the Trading Platform underwent and/or is
undergoing.
15. The facts and circumstances surrounding any deposits of funds from Prime Trust
to the Professional Bank bank account ending in X1495.
16 The facts and circumstances surrounding any transfer of funds by Rocha to You.
17 The facts and circumstances surrounding any transfer of funds by Kuschner to You.
18 The facts and circumstances surrounding any transfer of funds by Lopez to You.
19 The facts and circumstances surrounding any transfer of funds by Merino to You.
20. The facts and circumstances surrounding any transfers of funds from You to
Merino,
21 The facts and circumstances surrounding any transfer of funds by Brito to You.
22. The facts and circumstances surrounding any wire transfer from the Professional
Bank bank account ending in X1495 to Chicago Title Trust Insurance Company.
23. The facts and circumstances surrounding any wire transfer from the Professional
Bank bank account ending in X1495 to First American Title Insurance Company.
24. The facts and circumstance surrounding any wire transfer from the Professional
Bank bank account ending in X1495 to Old Republican National Title Insurance Company.
1]
25. The facts and circumstances surrounding the purchase of Unit 5801 at the Aria
Reserve Condominium, including source of funds.
26. The facts and circumstances surrounding the purchase of Unit 3305 at the Lofty
Brickell condominium building, including source of funds.
27. The facts and circumstances surrounding the purchase of Unit 8403/8C at the 300
Biscayne Residences, including source of funds.
28. The facts and circumstances surrounding the bank statements related to
FX Winning.
29. The facts and circumstances surrounding the bank statements related to Merino.
30. The facts and circumstances surrounding the bank statements related to Rocha.
31. The facts and circumstances surrounding the account opening documents, including
know your customer documents, relating to FX Winning.
32. The facts and circumstances surrounding the account opening documents, including
know your customer documents, relating to Merino.
33. The facts and circumstances surrounding the account opening documents, including
know your customer documents, relating to Rocha.
34. The facts and circumstances surrounding the documents produced pursuant to this
subpoena.
12
Preview
Filing #187370872 E-Filed 12/05/2023 11:40:40 AM RETURN OF SERVICE State of Florida County of Miami-Dade Circuit Court Case Number: 2023-020202-CA-01 Court Date: 12/22/2023 10:00 am Plaintiff: CODY KERNS, an individual, KERNS CAPITAL MANAGEMENT, INC., a British Virgin Islands Company, and WFTMB Holdings, LLC, a Florida Limited Liability Company, vs. Defendant: FXWINNING, LTD., a Hong Kong Limited Company, JONATHAN LOPEZ, an individual, JULIAN KUSCHNER, an individual, DAVID MERINO, an individual, RENAN DA ROCHA GOMES BASTOS, an individual, RAFAEL BRITO CUTIE, an individual, BBRC REAL ESTATE, LLC, a Florida Limited Liability Company For: David M Levine Sanchez Fischer Levine Llp 8201 Peters Road Ste 1000 Plantation, FL 33324 Received by DLE Process Servers, Inc on the 29th day of November, 2023 at 1 ‘3 am to be served on Professional Bank c/o Michael C. Sontag, Esq., Registered Agent, 5100 PGA Boulevard, Suite 101, Palm Beach Gardens, FL 33418 |, James Cain, do hereby affirm that on the 1st day of December, 2023 at 3:23 pm, I: served a CORPORATION by delivering a true copy of the Subpoena for Video Deposition Duces Tecum. with the date and hour of service endorsed thereon by me, to: Lauri Dolan as Authorized to Accept for Professional Bank, at the address of: 815 Colorado Ave, Stuart, FL 34994, and informed said person of the contents therein, in compliance with state statutes. Additional Information pertaining to this Service: 11/30/2023 10:45 am Attempted service at 5100 PGA Boulevard Suite 101, Palm Beach Gardens, FL 33418, non served at this address (Permanently closed ) vacant. 12/1/2023 3:23 pm Service Completed at 815 Colorado Ave, Stuart, FL 34994 | certify that | am over the age of 18, have no interest in the above action, and am a Certified Process Server, in good standing, in the judicial circuit in which the process was served. Under penalties of perjury, | declare that | have read the foregoing Verified Service and that e facts stated are true. F.S. 92.525. NOTARY NOT REQUIRED PURSUANT TO F.S. 92.525 James Cain 10 28 DLE Process Servers, Inc 936 Sw 1st Avenue #261 Miami, FL 33130 (786) 220-9705 Our Job Serial Number: DLE-2023060976 Copyright © 1992-2023 DreamBuilt Software, Inc. - Process Server's Toolbox V8.2t DELIVERED 12/1/2023 3:23 PM SERVER Jc LICENSE 10 28 IN THE CIRCUIT COURT OF THE 111 JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: 2023-020202-CA-01 CODY KERNS, ef al., Plaintiffs, Vv. FX WINNING, LTD., ef al., Defendants. / SUBPOENA FOR VIDEOTAPED DEPOSITION DUCES TECUM THE STATE OF FLORIDA: TO: Professional Bank c/o Michael C. Sontag, Esq., Registered Agent 5100 PGA Boulevard, Suite 101 Palm Beach Gardens, Florida 33418 YOU ARE COMMANDED to appear at a deposition duces tecum on December 22, 2023 at 10:00 am EST, on the topics set forth in Schedule B at the law offices of Sanchez Fischer Levine, LLP, 1200 Brickell Avenue, Suite 750, Miami, Florida 33131, and to produce to undersigned counsel the documents in your possession, custody, or control described in Schedule A hereto on or before December 13, 2023.' The deposition will be transcribed and videotaped by Milestone Reporting whose address is 315 East Robinson Street, Suite 510, Orlando, Florida 32801. You have the right to object to the production pursuant to this subpoena at any time before 1 The undersigned is amenable to rescheduling the deposition to a mutually agreeable date and time. 1 production by giving written notice to the attorney whose name appears on this subpoena. If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of Court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the Court, you shall respond to this subpoena as directed. Dated: November 28, 2023 SANCHEZ FISCHER LEVINE, LLP 1200 Brickell Avenue, Suite 750 Miami, Florida 33131 Telephone: (305) 925-9947 By: /s/ DavidM. Levine David M. Levine, Esq. Florida Bar No.: 84431 Email: dlevine@sfl-law.com Secondary: eservice@sfl-law.com Fausto Sanchez, Esq. Florida Bar No.: 86229 Email: fsanchez@sfl-law.com Lauren M. Allen, Esq. Florida Bar No.: 1018424 Email: lallen@sfl-law.com Robert Kemper, Esq. Florida Bar. No.: 1038549 Email: rkemper@sfl-law.com Counsel for Plaintiffs DI INITIONS 1 “You”, “Your”, and “Professional Bank” refer to Professional Bank, as well as any employees. agents, representatives. or other persons acting, or purporting to act, on its behalf. 2 ~FxWinning” refers to Defendant FxWinning, Ltd., as well as any employees, agents, representatives, or other persons acting. or purporting to act, on its behalf. 3 “Pribabe” refers to Pribabe. LLC, as well as any employees, agents, representatives, or other persons acting, or purporting to act, on its behalf. 4 “Prime Trust” refers to Prime Trust, LLC, as well as any employees, agents, representative, or other persons acting, or purporting to act, on its behalf. 5 “Merino” refers to Defendant David Merino, as well as any employees, agents, representatives, or other persons acting, or purporting to act, on his behalf. 6 “Brito” refers to Defendant Rafael Brito Cutie, as well as any employees, agents, representatives, or other persons acting, or purporting to act, on his behalf. 7 “Rocha” refers to Defendant Renan da Rocha Gomes Bastos, as well as any employees, agents, representatives, or other persons acting, or purporting to act, on his behalf. 8 “Kuschner” refers to Defendant Julian Kuschner, as well as any employees, agents, representatives, or other persons acting, or purporting to act, on his behalf. 9 “Lopez” refers to Defendant Jonathan Lopez, as well as any employees, agents, representatives, or other persons acting, or purporting to act, on his behalf. 10. “Trading Platform” refers to any and all foreign currency trading platforms owned and operated by FxWinning, Ltd. including the online platform available at fxwinning.net and/or fxwinning.pro. 11. “Relationship” refers to any form of connection between or among Persons, including without limitation, a personal relationship, business relationship, implied relationship, de facto relationship, and contractual relationship. 12. “Communication” and “communications” means any and all inquiries, discussions, conferences, conversations, negotiation, agreements, meetings, interviews, telephone conversations, letters, correspondence, notes, telegrams, facsimiles, electronic mail (e-mail), text messages (including i-messages and WhatsApp messages), memoranda, documents, writings, or other forms of communications, including but not limited to both oral and written communications. 13. “Document” is defined to be synonymous in meaning and equal in scope to the terms “documents” and “things” in Rule 1.350 of the Florida Rules of Civil Procedure. The term “documents” is intended to be comprehensive and to include, without limitation, all original writings of any nature whatsoever, copies and drafis which, by reason of notes. changes, initials, or identification marks are not identical to the or nal and all non-identical ori nal copies thereof. In all cases where original or non-original copie are not available, “documents also means identical copies of original documents and copi lhe term this includes, but is not limited to, any kind of written or graphic matter, however. provided or reproduced, of any kind or description, whether sent or received or neither, including but not limited to papers, book entries, correspondence, telegrams, communications. transcripts, minutes, reports and recordings of telephone or other conversations, or of interviews. or of conferences, or of committee meetings, or of other meetings, affidavits, statements, summaries. opinions, reports, studies, analyses, formulae, plans, specifications, evaluations, contracts, licenses, agreements, offers, ledgers, journals, books of records of account, summaries of accounts. bills, service invoices, receipts. balance sheets, income statements, questionnaires, answers to questionnaires, statistical records, desk calendars, appointment books, diaries, lists, tabulations. charts, graphs, maps, surveys, sound recordings, computer tapes, magnetic tapes, computer printouts, data processing input and output, emails, text messages, WhatsApp messages, instant messages, microfilms, all other records kept by electronic, photographic, or mechanical means, and things similar to any of the foregoing, however, denominated, whether currently in existence or already destroyed. A draft or non-identical copy is a separate document within the meaning of this term. 14. “Relates to,” “related to,” or “relating to” shall mean pertains to, refers to, contains, concerns, describes, embodies, mentions, constitutes, supports, corroborates, demonstrates, proves, evidences, shows, refutes. disputes, rebuts, controverts, or contradicts. 15. The use of the singular herein shall include the plural, and vice versa; the use of the disjunctive shall include the conjunctive. and vice versa; and unless the context indicates otherwise, the use of any gender includes all other genders. 16. The term “agreement(s)” includes, but is not limited to, contracts, agreements, understandings, letters of understanding, letters of intent, negotiations, invoices, or other evidence of any agreement regardless of whether there exists a binding commitment. 17. The connectives “and” and “or” shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope. 18. The terms “all” and “each” shall be construed either disjunctively or conjunctively as necessary to bring within the scope of discovery all responses that might otherwise be construed to be outside its scope. INSTRUCTIONS 1 Each document requested shall be produced in its entirety. If any part of a document is responsive to any of the following requests. the entire document should be produced. If a document responsive to any request cannot be produced in full, it shall be produced to the extent possible with an explanation stating why production of the remainder is not possible. 2 You are required to produce all documents that are in your posse: ion, custody, or control, including documents in the possession, custody. or control of your agents. In producing these documents, you are to (a) organize and label them to correspond to the numbered paragraphs in these requests for documents, or (b) as they are regularly maintained in the course of business. 3 These requests are continuing in character so as to require you to supplement the responses within a reasonable time if you obtain or become aware of any further information responsive to these requests for documents. 4 With respect to any document being withheld from production on the basis of attorney-client privilege, work product immunity, or otherwise, you must: a. Identify the nature of the privilege which is being claimed and the rule of law under which the privilege is being asserted; and Provide the following information: The type of documents (e.g.. letter, memorandum, etc.) i The subject matter of the document; ii The date of the document; lV, The present location and identity of the document’s custodian; and The author, addressee, and all recipients of copies of the document. 5 With respect to the transfer or receipt of any document, items, tangible or intangible goods, money, or anything else of value, all such references shall include indirect transfers. 6 The singular includes the plural; and the plural includes the singular, except where circumstances make it appropriate. The use of any tense of any verb includes all other tenses of the verb so used, except where circumstances make it inappropriate. 7 Unless otherwise specified, the time period of this request is from January 1, 2021 through the present. SCHEDULE * ” DOCUMENTS REQU TED Any and all documents related to Fx Winning. Any and all communications between You and any person(s) related to Fx Winning. Any and all documents related to the Trading Platform. All documents and/or communications between You and Fx Winning relating to the Trading Platform. 5 Any and all communications between You and any person(s) related to the Trading Platform. 6 All documents and/or communications between You and Kuschner relating to Fx Winning and/or the Trading Platform. 7 All documents and/or communications between You and Lopez relating to Fx Winning and/or the Trading Platform. 8 All documents and/or communications between You and Merino relating to Fx Winning and/or the Trading Platform. 9 All documents and/or communications between You and Brito relating to FxWinning and/or the Trading Platform. 10. All documents and/or communications between You and Rocha relating to Fx Winning and/or the Trading Platform. 11. All documents and/or communications between You and Prime Trust relating to FX Winning and/or the Trading Platform. 12. All documents between You and Pribabe relating to FX Winning and/or the Trading Platform. 13. All documents and/or communications related to any Know Your Customer and/or anti-money laundering processes that Fx Winning underwent and/or is undergoing. 14. All documents and/or communications related to any Know Your Customer and/or anti-money laundering processes that the Trading Platform underwent and/or is undergoing. 15. All documents and/or communications related to any transfers of funds from Merino’s Prime Trust account to the Professional Bank bank account ending in X1495. 16. All documents relating to any wire transfers from Merino's Prime Trust account to the Professional Bank bank account ending in X1495. 17. Any and all documents and/or communications relating to Your receipt of funds from FX Winning customer accounts. 18. Any and all documents and/or communications evidencing any meetings between You and any of the following individuals in relation to Fx Winning and/or the Trading Platform: Kuschner; Lopez; Rocha; Merino; or Brito. 19. All documents evidencing any transfer(s) of funds by or to You with respect to Rocha, Kuschner, Lopez, Merino, and/or Brito, directly or indirectly, and in which FxWinning and/or the Trading Platform were mentioned in the account opening documents for these individuals (or their companies), the wire transfer or deposit documents for these individuals (or their companies), or otherwise mentioned in their account files with You. 20. All documents and/or communications relating to Merino’s use of the Professional Bank bank account ending in X1495. 21. All documents and/or communications relating to any withdrawal(s) of funds by Merino from the Professional Bank bank account ending in X1495. 22. All documents and/or communications relating to any deposit(s) of funds by Merino to the Professional Bank bank account ending in X1495. 23. Any and all documents and/or communications linking Prime Trust to the Professional Bank bank account ending in X1495. 24. Any and all documents and/or communications relating to the purchase of Unit 3305 at the Lofty Brickell condominium building, including source of funds. 25. Any and all documents and/or communications relating to the purchase of Unit 5801 at the Aria Reserve Condominium, including source of funds. 26. Any and all documents relating to any wire transfer from the Professional Bank bank account ending in X1495 to Chicago Title Insurance Company. 27. Any and all documents relating to any wire transfer from the Professional Bank bank account ending in X1495 to First American Title Insurance Company. 28. Any and all documents relating to any wire transfer from the Professional Bank bank account ending in X1495 to Old Republican National Title Insurance Company. 29 Any and all bank statements related to FX Winning. 30 Any and all bank statements related to Merino. 31 Any and all bank statements related to Rocha. 32 Any and all account opening documents, including know your customer documents, relating to FX Winning. 33. Any and all account opening documents, including know your customer documents, relating to Merino. 34. Any and all account opening documents. including know your customer documents, relating to Rocha. SCHEDULE "B” DEPOSITION TOPICS The deponent(s) or person(s) with the most knowledge will be examined orally as to the following topics: 1 The facts and circumstances surrounding any deposits of FX Winning customer funds to You. 2 The facts and circumstances surrounding any meetings You had with FX Winning, Merino, Rocha, or Brito. 3 The facts and circumstances surrounding any bank accounts in the name of FX Winning, Merino, Brito, and/or Rocha. 4 The facts and circumstances surrounding any bank accounts opened by Merino in any corporate name. 5 The facts and circumstances surrounding any transfers of funds from Merino’s Prime Trust account to the Professional Bank bank account ending in X1495. 6 The facts and circumstances surrounding Your relationship with Fx Winning and/or the Trading Platform. 7 The facts and circumstances surrounding Your relationship with Kuschner as it relates to Fx Winning and/or the Trading Platform. 8 The facts and circumstances surrounding Your relationship with Lopez as it relates to FxWinning and/or the Trading Platform. 9. The facts and circumstances surrounding Your relationship with Merino. 10. The facts and circumstances surrounding Your relationship with Patrick Fuentes. 11. The facts and circumstances surrounding Your relationship with Brito as it relates to FxWinning and/or the Trading Platform. 10 12 The facts and circumstances surrounding any withdrawal(s) of funds by Merino from the Professional Bank bank account ending in X1495. 13. The facts and circumstances surrounding any deposit(s) of funds by Merino to the Professional Bank bank account ending in X1495, 14, The facts and circumstances surrounding any Know Your Customer and/or anti- money laundering processes that FxWinning and/or the Trading Platform underwent and/or is undergoing. 15. The facts and circumstances surrounding any deposits of funds from Prime Trust to the Professional Bank bank account ending in X1495. 16 The facts and circumstances surrounding any transfer of funds by Rocha to You. 17 The facts and circumstances surrounding any transfer of funds by Kuschner to You. 18 The facts and circumstances surrounding any transfer of funds by Lopez to You. 19 The facts and circumstances surrounding any transfer of funds by Merino to You. 20. The facts and circumstances surrounding any transfers of funds from You to Merino, 21 The facts and circumstances surrounding any transfer of funds by Brito to You. 22. The facts and circumstances surrounding any wire transfer from the Professional Bank bank account ending in X1495 to Chicago Title Trust Insurance Company. 23. The facts and circumstances surrounding any wire transfer from the Professional Bank bank account ending in X1495 to First American Title Insurance Company. 24. The facts and circumstance surrounding any wire transfer from the Professional Bank bank account ending in X1495 to Old Republican National Title Insurance Company. 1] 25. The facts and circumstances surrounding the purchase of Unit 5801 at the Aria Reserve Condominium, including source of funds. 26. The facts and circumstances surrounding the purchase of Unit 3305 at the Lofty Brickell condominium building, including source of funds. 27. The facts and circumstances surrounding the purchase of Unit 8403/8C at the 300 Biscayne Residences, including source of funds. 28. The facts and circumstances surrounding the bank statements related to FX Winning. 29. The facts and circumstances surrounding the bank statements related to Merino. 30. The facts and circumstances surrounding the bank statements related to Rocha. 31. The facts and circumstances surrounding the account opening documents, including know your customer documents, relating to FX Winning. 32. The facts and circumstances surrounding the account opening documents, including know your customer documents, relating to Merino. 33. The facts and circumstances surrounding the account opening documents, including know your customer documents, relating to Rocha. 34. The facts and circumstances surrounding the documents produced pursuant to this subpoena. 12 IN THE CIRCUIT COURT OF THE 111 JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: 2023-020202-CA-01 CODY KERNS, ef al., Plaintiffs, Vv. FX WINNING, LTD., ef al., Defendants. / SUBPOENA FOR VIDEOTAPED DEPOSITION DUCES TECUM THE STATE OF FLORIDA: TO: Professional Bank c/o Michael C. Sontag, Esq., Registered Agent 5100 PGA Boulevard, Suite 101 Palm Beach Gardens, Florida 33418 YOU ARE COMMANDED to appear at a deposition duces tecum on December 22, 2023 at 10:00 am EST, on the topics set forth in Schedule B at the law offices of Sanchez Fischer Levine, LLP, 1200 Brickell Avenue, Suite 750, Miami, Florida 33131, and to produce to undersigned counsel the documents in your possession, custody, or control described in Schedule A hereto on or before December 13, 2023.' The deposition will be transcribed and videotaped by Milestone Reporting whose address is 315 East Robinson Street, Suite 510, Orlando, Florida 32801. You have the right to object to the production pursuant to this subpoena at any time before 1 The undersigned is amenable to rescheduling the deposition to a mutually agreeable date and time. 1 production by giving written notice to the attorney whose name appears on this subpoena. If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of Court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the Court, you shall respond to this subpoena as directed. Dated: November 28, 2023 SANCHEZ FISCHER LEVINE, LLP 1200 Brickell Avenue, Suite 750 Miami, Florida 33131 Telephone: (305) 925-9947 By: /s/ DavidM. Levine David M. Levine, Esq. Florida Bar No.: 84431 Email: dlevine@sfl-law.com Secondary: eservice@sfl-law.com Fausto Sanchez, Esq. Florida Bar No.: 86229 Email: fsanchez@sfl-law.com Lauren M. Allen, Esq. Florida Bar No.: 1018424 Email: lallen@sfl-law.com Robert Kemper, Esq. Florida Bar. No.: 1038549 Email: rkemper@sfl-law.com Counsel for Plaintiffs DI INITIONS 1 “You”, “Your”, and “Professional Bank” refer to Professional Bank, as well as any employees. agents, representatives. or other persons acting, or purporting to act, on its behalf. 2 ~FxWinning” refers to Defendant FxWinning, Ltd., as well as any employees, agents, representatives, or other persons acting. or purporting to act, on its behalf. 3 “Pribabe” refers to Pribabe. LLC, as well as any employees, agents, representatives, or other persons acting, or purporting to act, on its behalf. 4 “Prime Trust” refers to Prime Trust, LLC, as well as any employees, agents, representative, or other persons acting, or purporting to act, on its behalf. 5 “Merino” refers to Defendant David Merino, as well as any employees, agents, representatives, or other persons acting, or purporting to act, on his behalf. 6 “Brito” refers to Defendant Rafael Brito Cutie, as well as any employees, agents, representatives, or other persons acting, or purporting to act, on his behalf. 7 “Rocha” refers to Defendant Renan da Rocha Gomes Bastos, as well as any employees, agents, representatives, or other persons acting, or purporting to act, on his behalf. 8 “Kuschner” refers to Defendant Julian Kuschner, as well as any employees, agents, representatives, or other persons acting, or purporting to act, on his behalf. 9 “Lopez” refers to Defendant Jonathan Lopez, as well as any employees, agents, representatives, or other persons acting, or purporting to act, on his behalf. 10. “Trading Platform” refers to any and all foreign currency trading platforms owned and operated by FxWinning, Ltd. including the online platform available at fxwinning.net and/or fxwinning.pro. 11. “Relationship” refers to any form of connection between or among Persons, including without limitation, a personal relationship, business relationship, implied relationship, de facto relationship, and contractual relationship. 12. “Communication” and “communications” means any and all inquiries, discussions, conferences, conversations, negotiation, agreements, meetings, interviews, telephone conversations, letters, correspondence, notes, telegrams, facsimiles, electronic mail (e-mail), text messages (including i-messages and WhatsApp messages), memoranda, documents, writings, or other forms of communications, including but not limited to both oral and written communications. 13. “Document” is defined to be synonymous in meaning and equal in scope to the terms “documents” and “things” in Rule 1.350 of the Florida Rules of Civil Procedure. The term “documents” is intended to be comprehensive and to include, without limitation, all original writings of any nature whatsoever, copies and drafis which, by reason of notes. changes, initials, or identification marks are not identical to the or nal and all non-identical ori nal copies thereof. In all cases where original or non-original copie are not available, “documents also means identical copies of original documents and copi lhe term this includes, but is not limited to, any kind of written or graphic matter, however. provided or reproduced, of any kind or description, whether sent or received or neither, including but not limited to papers, book entries, correspondence, telegrams, communications. transcripts, minutes, reports and recordings of telephone or other conversations, or of interviews. or of conferences, or of committee meetings, or of other meetings, affidavits, statements, summaries. opinions, reports, studies, analyses, formulae, plans, specifications, evaluations, contracts, licenses, agreements, offers, ledgers, journals, books of records of account, summaries of accounts. bills, service invoices, receipts. balance sheets, income statements, questionnaires, answers to questionnaires, statistical records, desk calendars, appointment books, diaries, lists, tabulations. charts, graphs, maps, surveys, sound recordings, computer tapes, magnetic tapes, computer printouts, data processing input and output, emails, text messages, WhatsApp messages, instant messages, microfilms, all other records kept by electronic, photographic, or mechanical means, and things similar to any of the foregoing, however, denominated, whether currently in existence or already destroyed. A draft or non-identical copy is a separate document within the meaning of this term. 14. “Relates to,” “related to,” or “relating to” shall mean pertains to, refers to, contains, concerns, describes, embodies, mentions, constitutes, supports, corroborates, demonstrates, proves, evidences, shows, refutes. disputes, rebuts, controverts, or contradicts. 15. The use of the singular herein shall include the plural, and vice versa; the use of the disjunctive shall include the conjunctive. and vice versa; and unless the context indicates otherwise, the use of any gender includes all other genders. 16. The term “agreement(s)” includes, but is not limited to, contracts, agreements, understandings, letters of understanding, letters of intent, negotiations, invoices, or other evidence of any agreement regardless of whether there exists a binding commitment. 17. The connectives “and” and “or” shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope. 18. The terms “all” and “each” shall be construed either disjunctively or conjunctively as necessary to bring within the scope of discovery all responses that might otherwise be construed to be outside its scope. INSTRUCTIONS 1 Each document requested shall be produced in its entirety. If any part of a document is responsive to any of the following requests. the entire document should be produced. If a document responsive to any request cannot be produced in full, it shall be produced to the extent possible with an explanation stating why production of the remainder is not possible. 2 You are required to produce all documents that are in your posse: ion, custody, or control, including documents in the possession, custody. or control of your agents. In producing these documents, you are to (a) organize and label them to correspond to the numbered paragraphs in these requests for documents, or (b) as they are regularly maintained in the course of business. 3 These requests are continuing in character so as to require you to supplement the responses within a reasonable time if you obtain or become aware of any further information responsive to these requests for documents. 4 With respect to any document being withheld from production on the basis of attorney-client privilege, work product immunity, or otherwise, you must: a. Identify the nature of the privilege which is being claimed and the rule of law under which the privilege is being asserted; and Provide the following information: The type of documents (e.g.. letter, memorandum, etc.) i The subject matter of the document; ii The date of the document; lV, The present location and identity of the document’s custodian; and The author, addressee, and all recipients of copies of the document. 5 With respect to the transfer or receipt of any document, items, tangible or intangible goods, money, or anything else of value, all such references shall include indirect transfers. 6 The singular includes the plural; and the plural includes the singular, except where circumstances make it appropriate. The use of any tense of any verb includes all other tenses of the verb so used, except where circumstances make it inappropriate. 7 Unless otherwise specified, the time period of this request is from January 1, 2021 through the present. SCHEDULE * ” DOCUMENTS REQU TED Any and all documents related to Fx Winning. Any and all communications between You and any person(s) related to Fx Winning. Any and all documents related to the Trading Platform. All documents and/or communications between You and Fx Winning relating to the Trading Platform. 5 Any and all communications between You and any person(s) related to the Trading Platform. 6 All documents and/or communications between You and Kuschner relating to Fx Winning and/or the Trading Platform. 7 All documents and/or communications between You and Lopez relating to Fx Winning and/or the Trading Platform. 8 All documents and/or communications between You and Merino relating to Fx Winning and/or the Trading Platform. 9 All documents and/or communications between You and Brito relating to FxWinning and/or the Trading Platform. 10. All documents and/or communications between You and Rocha relating to Fx Winning and/or the Trading Platform. 11. All documents and/or communications between You and Prime Trust relating to FX Winning and/or the Trading Platform. 12. All documents between You and Pribabe relating to FX Winning and/or the Trading Platform. 13. All documents and/or communications related to any Know Your Customer and/or anti-money laundering processes that Fx Winning underwent and/or is undergoing. 14. All documents and/or communications related to any Know Your Customer and/or anti-money laundering processes that the Trading Platform underwent and/or is undergoing. 15. All documents and/or communications related to any transfers of funds from Merino’s Prime Trust account to the Professional Bank bank account ending in X1495. 16. All documents relating to any wire transfers from Merino's Prime Trust account to the Professional Bank bank account ending in X1495. 17. Any and all documents and/or communications relating to Your receipt of funds from FX Winning customer accounts. 18. Any and all documents and/or communications evidencing any meetings between You and any of the following individuals in relation to Fx Winning and/or the Trading Platform: Kuschner; Lopez; Rocha; Merino; or Brito. 19. All documents evidencing any transfer(s) of funds by or to You with respect to Rocha, Kuschner, Lopez, Merino, and/or Brito, directly or indirectly, and in which FxWinning and/or the Trading Platform were mentioned in the account opening documents for these individuals (or their companies), the wire transfer or deposit documents for these individuals (or their companies), or otherwise mentioned in their account files with You. 20. All documents and/or communications relating to Merino’s use of the Professional Bank bank account ending in X1495. 21. All documents and/or communications relating to any withdrawal(s) of funds by Merino from the Professional Bank bank account ending in X1495. 22. All documents and/or communications relating to any deposit(s) of funds by Merino to the Professional Bank bank account ending in X1495. 23. Any and all documents and/or communications linking Prime Trust to the Professional Bank bank account ending in X1495. 24. Any and all documents and/or communications relating to the purchase of Unit 3305 at the Lofty Brickell condominium building, including source of funds. 25. Any and all documents and/or communications relating to the purchase of Unit 5801 at the Aria Reserve Condominium, including source of funds. 26. Any and all documents relating to any wire transfer from the Professional Bank bank account ending in X1495 to Chicago Title Insurance Company. 27. Any and all documents relating to any wire transfer from the Professional Bank bank account ending in X1495 to First American Title Insurance Company. 28. Any and all documents relating to any wire transfer from the Professional Bank bank account ending in X1495 to Old Republican National Title Insurance Company. 29 Any and all bank statements related to FX Winning. 30 Any and all bank statements related to Merino. 31 Any and all bank statements related to Rocha. 32 Any and all account opening documents, including know your customer documents, relating to FX Winning. 33. Any and all account opening documents, including know your customer documents, relating to Merino. 34. Any and all account opening documents. including know your customer documents, relating to Rocha. SCHEDULE "B” DEPOSITION TOPICS The deponent(s) or person(s) with the most knowledge will be examined orally as to the following topics: 1 The facts and circumstances surrounding any deposits of FX Winning customer funds to You. 2 The facts and circumstances surrounding any meetings You had with FX Winning, Merino, Rocha, or Brito. 3 The facts and circumstances surrounding any bank accounts in the name of FX Winning, Merino, Brito, and/or Rocha. 4 The facts and circumstances surrounding any bank accounts opened by Merino in any corporate name. 5 The facts and circumstances surrounding any transfers of funds from Merino’s Prime Trust account to the Professional Bank bank account ending in X1495. 6 The facts and circumstances surrounding Your relationship with Fx Winning and/or the Trading Platform. 7 The facts and circumstances surrounding Your relationship with Kuschner as it relates to Fx Winning and/or the Trading Platform. 8 The facts and circumstances surrounding Your relationship with Lopez as it relates to FxWinning and/or the Trading Platform. 9. The facts and circumstances surrounding Your relationship with Merino. 10. The facts and circumstances surrounding Your relationship with Patrick Fuentes. 11. The facts and circumstances surrounding Your relationship with Brito as it relates to FxWinning and/or the Trading Platform. 10 12 The facts and circumstances surrounding any withdrawal(s) of funds by Merino from the Professional Bank bank account ending in X1495. 13. The facts and circumstances surrounding any deposit(s) of funds by Merino to the Professional Bank bank account ending in X1495, 14, The facts and circumstances surrounding any Know Your Customer and/or anti- money laundering processes that FxWinning and/or the Trading Platform underwent and/or is undergoing. 15. The facts and circumstances surrounding any deposits of funds from Prime Trust to the Professional Bank bank account ending in X1495. 16 The facts and circumstances surrounding any transfer of funds by Rocha to You. 17 The facts and circumstances surrounding any transfer of funds by Kuschner to You. 18 The facts and circumstances surrounding any transfer of funds by Lopez to You. 19 The facts and circumstances surrounding any transfer of funds by Merino to You. 20. The facts and circumstances surrounding any transfers of funds from You to Merino, 21 The facts and circumstances surrounding any transfer of funds by Brito to You. 22. The facts and circumstances surrounding any wire transfer from the Professional Bank bank account ending in X1495 to Chicago Title Trust Insurance Company. 23. The facts and circumstances surrounding any wire transfer from the Professional Bank bank account ending in X1495 to First American Title Insurance Company. 24. The facts and circumstance surrounding any wire transfer from the Professional Bank bank account ending in X1495 to Old Republican National Title Insurance Company. 1] 25. The facts and circumstances surrounding the purchase of Unit 5801 at the Aria Reserve Condominium, including source of funds. 26. The facts and circumstances surrounding the purchase of Unit 3305 at the Lofty Brickell condominium building, including source of funds. 27. The facts and circumstances surrounding the purchase of Unit 8403/8C at the 300 Biscayne Residences, including source of funds. 28. The facts and circumstances surrounding the bank statements related to FX Winning. 29. The facts and circumstances surrounding the bank statements related to Merino. 30. The facts and circumstances surrounding the bank statements related to Rocha. 31. The facts and circumstances surrounding the account opening documents, including know your customer documents, relating to FX Winning. 32. The facts and circumstances surrounding the account opening documents, including know your customer documents, relating to Merino. 33. The facts and circumstances surrounding the account opening documents, including know your customer documents, relating to Rocha. 34. The facts and circumstances surrounding the documents produced pursuant to this subpoena. 12