Packet status. This page renders the 12-exhibit spoliation packet (original 11 compiled April 10, 2026 plus EX-12 added April 11, 2026) as a visual, court-admissible presentation. Eleven exhibits are in the evidence corpus and linked directly below. EX-11 (the bank-issued closure confirmation) is the single outstanding item and will be obtained either by direct production from Richard Litman or by subpoena to The Freedom Bank of Virginia.
Why EX-12 is case-changing: Litman was the Chairman of the Freedom Bank Executive Loan Committee (the committee that meets weekly to approve loans) and a Director of the bank. Goldberg closed a trust account at the very bank where Litman formerly chaired loan approvals — the jury will not need to be walked through the inference. Discovered via Apple Vision OCR on 4/11/2026.
Bottom line: NGM operated an undisclosed third trust account at The Freedom Bank of Virginia (account ending 028). On 7/22/2025 at 12:55 CDT — one day after Litman filed suit — NGM sent a $24,495.15 wire from that account with a memo that literally reads “NGM Bank to Bank transfer Close Account.” The account closed approximately six days later. The preservation duty had attached the day before.
EX-12NEW 4/11
Litman = Board
Chairman
Litman = Board
Chairman
EX-1Ownership
Clause (2017)
Clause (2017)
EX-2Text: Two
Trust Accts
Trust Accts
EX-3Closure
Demand
Demand
EX-4Sharjah
Wire
Wire
EX-5KSU
$129,680
$129,680
EX-6Goldberg
Admission
Admission
EX-7Schaefer/Kren
Exclusion
Exclusion
EX-8Trust Register
$24,495.15
$24,495.15
EX-9“Close Acct”
Wire (6 copies)
Wire (6 copies)
EX-10Photo
Evidence (6)
Evidence (6)
EX-11Closure Confirm.
PENDING
PENDING
The Exhibits
EX-12 · NEW 4/11
Litman was Chairman of the Freedom Bank Executive Loan Committee — and Sat on Strategic Planning & Corporate Governance
August 20, 2013 · Director Committees RosterSource
Internal Freedom Bank of Virginia “Director Committees” roster dated As of August 20, 2013. Preserved in two independent archive copies: (a)
evidence/document_photos_2026-04-07/6f2cf7e74687858c81430d9029dcb157.jpg and (b) evidence/virus_scan_archive_20260407/images_2020/2020_ - 50.JPG (from Litman's iCloud). Text extracted via Apple Vision OCR (methodology upgraded 4/11/2026 from Tesseract for higher accuracy on tabular documents).Verbatim — EXECUTIVE LOAN
EXECUTIVE LOAN
Richard C. Litman, Chairman
Norman P. Horn
Michael A. Miranda
Alvin E. Nashman
John T. Rohrback
Craig S. Underhill
(Meets Weekly)
Other seats
STRATEGIC PLANNING (Jason Gold, Chair) — Litman member. | CORPORATE GOVERNANCE (Nomination/Proxy) (Terry L. Collins, Chair) — Litman member. Three board-level committees total, one as Chairman.
Bank roster in full
G. Thomas Collins, Jr. (Audit Chair) · David C. Karlgaard · Norman P. Horn · H. Jason Gold (Strategic Planning Chair) · Cynthia Carter Atwater (Compensation Chair) · Richard C. Litman (Executive Loan Chair) · Alvin E. Nashman · John T. Rohrback · Craig S. Underhill · Michael A. Miranda · Terry L. Collins (Corporate Governance Chair) · Kimberly J. Ryman (CRA Chair) · Karin M. Johns (IT Chair / DR Officer).
Photographic evidence
Freedom Bank of Virginia — Director Committees roster (As of August 20, 2013). Click to enlarge.
What it proves
Richard Litman was not merely a customer of Freedom Bank of Virginia — he was a Director and the Chairman of its Executive Loan Committee (the committee that meets weekly to approve loans). He also sat on Strategic Planning and Corporate Governance. This confirms the nathlaw.com biography reference to Litman serving “for over a decade as chairman of the board of a local bank” — a line Goldberg's own firm published on its website and thereby adopted as a statement of Litman's professional identity.
Legal effect — this is case-changing.
- Spoliation just became fraud on a federally insured institution. Goldberg closed a trust account at the very bank where Litman was formerly a Director and Executive Loan Committee Chairman. Any argument that NGM “didn't know” or “had no reason to think the account was significant” collapses — Freedom Bank is a bank Litman governed.
- Confirms the nathlaw.com “chairman of a local bank” bio line as a verifiable, truthful representation of Litman's professional standing — which NGM continued publishing post-SOL. NGM used (and is still using) Litman's board-level banking credentials to market the firm.
- Jury optics. The defendant chose Litman's former bank, where Litman had personally chaired loan approvals, as the hiding place for an undisclosed trust account. A jury will not need to be walked through the inference.
- Subpoena leverage. Freedom Bank's own director-level records will contain officer, signatory, and relationship history for Litman — strengthening any subpoena return beyond the standard bank-records production.
EX-1
B&P / NGM Amendment — Freedom Bank Ownership Clause
May 12, 2017 (eff. 5/6/2017)Source
B&P/NGM Amendment, executed by Goldberg. Transfers to NGM the “exclusive ownership and legal responsibility of the Freedom Bank Accounts and monies therein or hereinafter deposited in such accounts.” Note the plural — “Accounts.”
What it proves
NGM contractually owned and was legally responsible for the Freedom Bank accounts from 2017 forward. Destroys any “we didn't know” or “that wasn't ours” defense at the outset. The plural “Accounts” locks in the multi-account fact pattern that matches the 8/17/2023 text evidence (EX-2).
Legal effect: Eliminates any good-faith ignorance defense. NGM's contractual ownership attaches Goldberg personally under LLC Law § 609 and the Turane framework.
EX-2
Text: “Two Trust Accounts at Freedom Bank”
August 17, 2023 · 8:46 AMSource
Text message from Litman to Goldberg. Attached as exhibit to the state complaint (NYSCEF Doc #1, 7/21/2025). Photographed in Litman's iCloud as
2020_ - 4001.PNG.Verbatim
“FYI. There is money in trust which needs to be checked. It is a few years old. Plus, there is money in two trust accounts at freedom bank.”
What it proves
Contemporaneous written notice to Goldberg of both Freedom Bank trust accounts nearly two years before the eventual closure. Locks in the “two accounts” count matching the plural “Freedom Bank Accounts” in EX-1.
Legal effect: Establishes actual knowledge on the part of Goldberg. Combined with EX-3 (the formal closure demand five months later), builds the 17-month written-notice record that refutes any administrative-oversight defense.
EX-3
Litman Email — Closure Demand (“Re: January Update”)
February 9, 2024 · 11:00 CSTSource
Email from Litman to Goldberg. Bates
C2051472_ND0000263559 (duplicated at ND0000263560). Extracted OCR text in output/sent_items_hits/ND263559_Re_January_Update.txt.Verbatim
“Have you taken into account payments which went into the Freedom Bank trust account(s)? (I would appreciate you closing them or removing my name.)”
What it proves
Express written closure demand. Goldberg sat on this request for 17 months, then executed closure within one day of suit being filed. The 17-month gap destroys any “good-faith housekeeping” defense and establishes the intentional state of mind required for spoliation sanctions under Voom HD Holdings v. EchoStar.
Legal effect: The single most important non-contemporaneous exhibit in the packet. The 17-month delay is the evidence.
EX-4
Sharjah Wire Forwarding — Earliest Documented Freedom Bank Activity
December 14, 2020Source
Email forwarding incoming Sharjah wire from
info@freedombankva.com. Bates ND0000269838.What it proves
Establishes that the Freedom Bank account was operational and receiving Middle East client funds via Litman's direction continuously from 2020 forward — directly contradicting any argument that the account was dormant or had a narrow, non-trust purpose.
Legal effect: Ties the Freedom Bank account to the post-SOL (6/15/2020) commercial-use period. The account's activity runs the entire duration of the name-use cause of action.
Source:
Bates ND0000269838
EX-5
KSU $129,680 — Routed Through Freedom Bank
May 8, 2024Source
NGM_Litman_Workup (Lawyers Summary).xlsx — Revenue sheet, row 117345. Part of the AAA Lawsuit Package 7/28/2025.
Verbatim cell
“Payment / Trust Freedom Bank Wire from KSU Transferred to Bank of America.”
What it proves
KSU client funds of $129,680 routed through Freedom Bank and 96% swept to BoA operating within 24 hours (row 117346: $124,785). Docket 35610 (KSU General Matter). Only ~$4,895 left in trust. This is the only Freedom Bank mention in the entire 71-file Excel corpus — meaning the reference was manually typed by the bookkeeper, who knew the bank was a distinct waypoint.
Legal effect: Ties Freedom Bank directly to the KSU trust-allocation diversion pattern documented in Findings #19, #26, #27, #51, #64. The 24-hour sweep-out pattern is the operational fingerprint.
EX-6
Goldberg Party Admission — “Agreed About Freedom”
June 13, 2025Source
Text message from Goldberg to Litman. Photographed in
2020_ - 4027.PNG and 2020_ - 4863.PNG. OCR file hash fd2cb0c525337bd04623b6523c2cf234.txt.Verbatim
“Agreed about Freedom, we know how much is there, the question is what the funds are for.”
What it proves
Direct party admission. 45 days before the closure, Goldberg acknowledges in writing that (a) the account exists, (b) both sides know the balance, and (c) the funds' purpose is disputed/unclear. Same thread: Litman asks for May reports and to wire the money; Goldberg replies “I do and will” — never happens.
Legal effect: A party admission is admissible as a non-hearsay exception (FRE 801(d)(2) / CPLR analog). This single text neutralizes any “I didn't know the account existed” line of defense from Goldberg personally.
EX-7
Schaefer/Kren Report — Freedom Bank EXCLUDED
June 26, 2025Source
Exhibit A to the EDNY federal complaint. Generated 6/26/2025 by CPA Debbie Schaefer (Kren & Co.).
evidence/aaa_lawsuit_package_20250728/Report Grace Sent - Report_20250626_021254.pdf.What it proves
Freedom Bank EXCLUDED from the account summary. The 5/8/2024 KSU Freedom Bank wire appears only at the granular transaction-detail level; no trust-account summary line ever discloses the Freedom Bank balance. Schaefer is a testifying CPA who (a) had access to Soluno, (b) knew Freedom Bank was in the system (the KSU transaction was in her source data), and (c) nonetheless produced a summary report that concealed it.
Legal effect: Moves Schaefer from neutral accountant to potential aider/abettor. Creates the evidentiary collision with EX-8 (the Trust Register that DID include Freedom Bank, printed six days after Schaefer's omission).
EX-8
NGM Trust Register — “t20 – Freedom Trust_1028 24,495.15”
Printed July 2, 2025 ~8:10–8:18 AMSource
NGM's own internal Trust Register Report for June 2025. Pulled and printed by NGM bookkeeper MaryJane Harper six days after Schaefer's Exhibit A omission and 19 days before suit was filed.
Verbatim line
t20 – Freedom Trust_1028 24,495.15 0 0 24,495.15Opening $24,495.15 · money in $0 · money out $0 · closing $24,495.15.
What it proves
The Freedom Bank account was live and on NGM's books inside Soluno at the exact moment the federal complaint's Exhibit A (EX-7) was being finalized for filing. Refutes any argument that the account was already closed, unknown, or off-the-books. Quantifies the minimum spoliated balance at $24,495.15.
Legal effect: The internal-register / external-report mismatch is the evidence. One of these two NGM-generated documents is the concealment instrument; the other is the confession.
EX-9
The “Close Account” Wire — 6 Bates Copies
July 22, 2025 · 12:55 CDTSource
Outgoing Wire Notification from
wires@freedom.bank, sent to litman@4patent.com (the account eliminated four days earlier). Preserved in 6 mailbox copies: Bates C2051472_ND0000071721, 071722, 071984, 071985, 115441, 115442.Wire details
Amount: $24,495.15 · From: Freedom Bank acct ending
028 · To: Nath and Associates at BK AMER NYC · Sequence: 78568 · OMAD: 20250722B6B7HU3R00991707221354FT03 · IMAD: 20250722GMQFMP01017268 · Wire fee: $15Memo (verbatim)
From: Freedom Bank of Virginia <wires@freedom.bank>
To: litman@4patent.com
Subject: Outgoing Wire Notification
Date: 2025-07-22 12:55:34 CDT
Your wire transfer on 07/22/25, in the amount of $24,495.15,
was successfully sent to Nath and Associates at BK AMER NYC.
Wire sequence number 78568.
Debited from account number ending with 028
Wire Fee: $15.00
OMAD: 20250722B6B7HU3R00991707221354FT03
IMAD: 20250722GMQFMP01017268
NGM Bank to Bank transfer Close Acc ount
NOTPROVIDED
What it proves
The memo is the confession. The stray double-space (“Close Acc ount”) is consistent with manual keystroke truncation in the bank's wire-entry form — meaning a human being at NGM typed the memo while initiating the wire. Sent one day after the lawsuits were filed. The notification was routed to the eliminated
litman@4patent.com mailbox — meaning the confirmation was deliberately sent into a black hole of NGM's own making. Six Bates copies exist because the email hit 6 mirrored mailbox containers on NGM's M365 tenant (4 in folder 00029, 2 in folder 00047) despite the elimination.Legal effect: The single cleanest piece of spoliation evidence in the case. Wire sequence 78568 and the OMAD/IMAD pair are independently authenticable by Freedom Bank subpoena.
EX-10
Photographic Evidence — 6 iPhone Screenshots
Captured 7/22/2025 – 8/21/2025Source
Six iPhone screenshots of the wire notification, captured by Richard Litman personally and preserved in the iCloud Photos archive. OCR results stored in
evidence/ocr_results_archive_2020/.Photo inventory
2020_ - 3519.PNG— 14:19 status bar2020_ - 3520.PNG— 14:26, 5G2020_ - 3521.PNG— “Found in 4Patent Inbox 5” label2020_ - 3672.PNG— banner “July 22 14:26”2020_ - 3810.PNG— Apple Markup editor view, 8/21/2025 15:30 annotation bar2020_ - 3876.PNG— screenshot of screenshot (redundant preservation)
What it proves
Independent preservation of the wire notification by Litman personally — creating a parallel chain of custody outside NGM's M365 tenant. The 8/21/2025 Markup editor screenshot shows Litman was actively capturing and annotating Freedom Bank evidence after the closure date, corroborating his declaration (EX-11 pending) that he has a closure-confirming document.
Legal effect: Ensures the wire evidence survives any argument that NGM's mailbox preservation was defective. Six screenshots on Litman's own device authenticate under CPLR 4518 / FRE 901(b)(1).
EX-11
Freedom Bank Closure Confirmation — PENDING
~July 28, 2025Source
Pending production. Per
LITMAN_NON_CONSENT_DECLARATION_DRAFT.md § XXIII, Litman personally attests: “I have a photograph or email communication from Freedom Bank confirming the closure on or about that date, which I am prepared to produce.” Parallel track: subpoena to The Freedom Bank of Virginia at (703) 242-5300 / wires@freedom.bank for the closing statement and final zero-balance confirmation.Expected content
Either a bank-issued closure notice, a final account statement showing zero balance, or a photograph/email in Litman's personal archive memorializing the closure date.
What it will prove
Bank-authenticated closure date. Caps the narrative with an independent third-party (Freedom Bank of Virginia) date stamp on the closure event — closing the evidentiary loop between the 7/22/2025 “Close Account” wire (EX-9) and the final closure approximately six days later.
Status: Not required for the spoliation-sanctions motion. The foundation in EX-1 through EX-10 is complete. EX-11 will be produced before trial via direct production or subpoena return.
Why this packet matters — in one screen
- Spoliation inference at trial under Voom HD Holdings LLC v. EchoStar Satellite L.L.C., 93 A.D.3d 33 (1st Dep't 2012). Every element satisfied: duty (7/21 filing), culpability (“Close Account” memo), relevance (undisclosed trust), prejudice (destroyed transaction history).
- Per se violations of VA RPC 1.15, DC RPC 1.15, and 37 CFR § 11.115 — the three disciplinary fora mapped in CLAUDE.md Finding #68 (USPTO OED, Virginia State Bar, DC Bar).
- Personal liability on Goldberg under LLC Law § 609 and the Turane framework Judge Maslow already applied on 12/5/2025 — knowledge (EX-2, EX-3, EX-6) + concealment (EX-7) + post-filing closure (EX-9) = personal participation.
- Prime subpoena target for the $16.2M erased discrepancy (Finding F-J10e). The Freedom Bank account is the only undisclosed trust in the five-account inventory — making it the default destination for the unaccounted $16.2M gap.
- Punitive damages under Civil Rights Law § 51 — this exhibit packet supplies the “knowing use” scienter element the statute requires for exemplary recovery.
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