7.William J. O'Keefe, Jr. — Direct
224 linesWILLIAM J. O'KEEFE, JR., duly sworn
COURT CLERK: Have a seat. State your name and spell your last name for the record and keep your voice up and speak into the mic.
WILLIAM J. O'KEEFE, JR.: Sure. It's William J. O'Keefe, Jr., O-'-K-E-E-F-E.
DIRECT EXAMINATION BY MS. PELLEGRINI:
MS. PELLEGRINI: Good afternoon, Mr. O'Keefe.
WILLIAM J. O'KEEFE, JR.: Good afternoon.
MS. PELLEGRINI: Will you tell the jury by whom you are employed.
WILLIAM J. O'KEEFE, JR.: I'm employed by Bank of America.
MS. PELLEGRINI: And what is your position at Bank of America?
WILLIAM J. O'KEEFE, JR.: I'm vice president for corporate security for the Protective Service Division assigned to Boston.
MS. PELLEGRINI: Before getting into the details of your position, can you give us a little bit of your educational and professional background?
WILLIAM J. O'KEEFE, JR.: I've been in the bank security business for 15 years, and I'm also an admitted attorney for 16 years.
MS. PELLEGRINI: And with respect to bank security, what does that involve?
WILLIAM J. O'KEEFE, JR.: Basically the protection of people, property and assets.
MS. PELLEGRINI: And specifically, with your position for Bank of America as protective services manager, what are your duties?
WILLIAM J. O'KEEFE, JR.: My responsibilities align with the Bank Protection Act which basically is the minimum standards to provide security, such as alarms and video cameras, to our banking centers, to our ATMs and to our buildings based upon the need and the assessment of the risk.
MS. PELLEGRINI: All right. Now, with respect to Bank of America itself, am I correct in saying it is a federally insured financial institution?
WILLIAM J. O'KEEFE, JR.: Yes, it is.
MS. PELLEGRINI: And when I say "federally insured," what do I mean?
WILLIAM J. O'KEEFE, JR.: That we're in the stream of commerce.
MS. PELLEGRINI: And does that mean also that its deposits are insured by the FDIC?
WILLIAM J. O'KEEFE, JR.: Absolutely.
MS. PELLEGRINI: Which stands for what?
WILLIAM J. O'KEEFE, JR.: Federal Deposit Insurance Corporation.
MS. PELLEGRINI: And when you talk about being in the stream of commerce, what are we talking about?
WILLIAM J. O'KEEFE, JR.: In terms of how money is exchanged for business purposes, for personal purposes, throughout the nexus of the Commonwealth of Massachusetts, the United States and globally throughout the world.
MS. PELLEGRINI: Now, with respect to your particular position, what is your familiarity, then, with the particular security systems used in Bank of America's ATMs?
WILLIAM J. O'KEEFE, JR.: I'm familiar with the video technology as well as the alarm systems that are set up based upon the standards that have been incorporated by the bank.
MS. PELLEGRINI: All right. And what does that require?
WILLIAM J. O'KEEFE, JR.: A digital video recorder for all transactions that occur in ATMs as well as an alarm system to protect the money at those particular ATMs or banking centers.
MS. PELLEGRINI: Now, I know that we say "ATM" because it seems to be part of our vocabulary, because it stands for what?
WILLIAM J. O'KEEFE, JR.: Automatic transaction machine. Automated or automatic.
MS. PELLEGRINI: All right. And with respect to the types of ATMs, there are some that are in banks themselves and others that are in their own little space. Am I correct about that?
WILLIAM J. O'KEEFE, JR.: Yes, there are remote locations based upon the marketability of a particular location, which they do demographic studies in order to basically support the customers' needs.
MS. PELLEGRINI: Now, going back, then, to the types of video systems, in your time with Bank of America, have you had occasion to review video retrieved from the surveillance systems in the ATMs?
WILLIAM J. O'KEEFE, JR.: Yes, I have.
MS. PELLEGRINI: How many times?
WILLIAM J. O'KEEFE, JR.: Countless.
MS. PELLEGRINI: All right.
WILLIAM J. O'KEEFE, JR.: Countless times.
MS. PELLEGRINI: And in your experience, are those -- when you have reviewed them, do they fairly and accurately record what is happening within the ATM space?
WILLIAM J. O'KEEFE, JR.: Oh, absolutely. Absolutely.
MS. PELLEGRINI: All right. Are they dated and timed in any way?
WILLIAM J. O'KEEFE, JR.: Yes. They're encrypted with the date and timestamp of the transactions that are made when an individual goes up and swipes or inserts their card into the ATM machine, depending on the type of ATM machine there is.
MS. PELLEGRINI: Which reminds me. If it's an ATM that is in its own space or kiosk, what is required to gain entry into that space?
WILLIAM J. O'KEEFE, JR.: You need an ATM card or a magnetic stripe that has basically your bank information on it. You insert it in. With Bank of America we use a Parabit card-reader system which basically only allows bank network cards to open up the ATM, and then you can go into the ATM and use that same bank card to basically insert it into your ATM in order to basically pull up your account.
MS. PELLEGRINI: And what about a personal identification number, or PIN?
WILLIAM J. O'KEEFE, JR.: Right. That's a unique PIN that's assigned or inputted by the customer. When they open up their bank relationship, they have the opportunity to switch that PIN number at their leisure either through the ATM or through customer service.
MS. PELLEGRINI: And with respect to the information that's contained on, for example, Bank of America debit cards, are you familiar with the type of information stored in the card's magnetic stripe?
MS. PELLEGRINI: And what type of information is that?
WILLIAM J. O'KEEFE, JR.: That's your bank portfolio in terms of your financial relationship with that particular financial institution.
MS. PELLEGRINI: And in your position, are you able to retrieve that information in any way?
WILLIAM J. O'KEEFE, JR.: Yes, we're able to retrieve that based upon our platform system that each bank has.
MS. PELLEGRINI: And with respect also to the video surveillance, are you able to retrieve that?
WILLIAM J. O'KEEFE, JR.: Yes, I am.
MS. PELLEGRINI: All right. So directing your attention, then, to the evening of April the 18th of 2013, in the evening hours where were you?
WILLIAM J. O'KEEFE, JR.: I was home.
MS. PELLEGRINI: All right. And did you receive a request to retrieve information?
WILLIAM J. O'KEEFE, JR.: I received a request to retrieve information with regards to a transaction, yes.
MS. PELLEGRINI: And who did you receive that request from?
WILLIAM J. O'KEEFE, JR.: Our ATM support network group who received a call from law enforcement. I believe it was through the Boston Regional Intelligence Center, Maggie Murphy.
MS. PELLEGRINI: And what did you do in response to receiving that call?
WILLIAM J. O'KEEFE, JR.: I'm able to remotely access into our video system. So I was able to go in, pull the transaction up, pull the video up, download the video to a thumb drive, and then provide that video to the BRIC.
MS. PELLEGRINI: Let's go back a little bit. With respect to what you were asked to retrieve, were you given a particular location?
WILLIAM J. O'KEEFE, JR.: Yes. I was given 39 Main Street, Watertown, Massachusetts.
MS. PELLEGRINI: And is there, in fact, a Bank of America ATM kiosk standalone there?
MS. PELLEGRINI: All right. And are you familiar with that?
MS. PELLEGRINI: And in retrieving that information, as you downloaded it, did you review it yourself?
WILLIAM J. O'KEEFE, JR.: I did review it, yes.
MS. PELLEGRINI: I'm sorry. You did?
WILLIAM J. O'KEEFE, JR.: Yes, I did review it in terms of looking at the video, the timeline that was requested, and then sent it off.
MS. PELLEGRINI: What timeline was requested?
WILLIAM J. O'KEEFE, JR.: You mean -- not offhand, not without seeing the documents, but it was -- it was a certain time during the night that was requested.
MS. PELLEGRINI: All right. Now, in addition to retrieving the video, which we'll come back to, did you also retrieve information relating to the trans- -- any transactions that had occurred within the time period?
WILLIAM J. O'KEEFE, JR.: Yes, we received the customer information which is on our BOSS system, which is the Banking Online Support System, that basically shows the relationship that you have with the bank and the transaction that was made at that particular ATM location.
MS. PELLEGRINI: And what information were you given about the customer?
WILLIAM J. O'KEEFE, JR.: About the customer?
MS. PELLEGRINI: Yes.
WILLIAM J. O'KEEFE, JR.: I was told that he was involved in an incident where I believe he was carjacked and that they were looking to get information in terms of photographs of the individuals that used that particular ATM.
MS. PELLEGRINI: Now, with respect to the records that record ATM transactions, again, did you have remote access to those records?
WILLIAM J. O'KEEFE, JR.: I did not have remote access to those records, I only had remote access to the video. So they had to provide me with that information.
MS. PELLEGRINI: All right. With respect to the record for the transaction, did you subsequently review the records relating to that?
WILLIAM J. O'KEEFE, JR.: Yes, I did.
MS. PELLEGRINI: How did you do that?
WILLIAM J. O'KEEFE, JR.: They were provided to me.
MS. PELLEGRINI: All right.
WILLIAM J. O'KEEFE, JR.: So I was able to look at them and correlate between the video as well as the sequence of events on that particular customer's card.
MS. PELLEGRINI: And with respect to those types of financial records, in your time with Bank of America how many occasions have you had to review those types of records?
WILLIAM J. O'KEEFE, JR.: Countless times. Every day.
MS. PELLEGRINI: All right. And are those kept in the normal course of business by Bank of America?
WILLIAM J. O'KEEFE, JR.: Yes, they are.
MS. PELLEGRINI: All right. Now, with respect to, then -- actually, let's start with those records, if we may.
MS. PELLEGRINI: So just for the witness and counsel, your Honor, may we have first starting with exhibit marked for identification 768.
MS. PELLEGRINI: Mr. O'Keefe, do you recognize this document before you?
WILLIAM J. O'KEEFE, JR.: Yes, I do.
MS. PELLEGRINI: And have you had occasion to review this prior to coming to court today?
WILLIAM J. O'KEEFE, JR.: Yes, I have.
MS. PELLEGRINI: And what type of document is this?
WILLIAM J. O'KEEFE, JR.: This is the transaction that occurred at the ATM off our BOSS system, which is, again, the Banking Online Support System that shows the account relationship with our customer Dun Meng.
MS. PELLEGRINI: All right. And does this fairly -- actually, is this, in fact, a copy of the record kept by Bank of America in the normal course of business?
WILLIAM J. O'KEEFE, JR.: Yes, it is.
MS. PELLEGRINI: And just also for the witness and counsel, please, Exhibit 769.
MS. PELLEGRINI: And, Mr. O'Keefe, what is 769? What type of document is this?
WILLIAM J. O'KEEFE, JR.: Same thing. It's the Banking Online Support System that shows the relationship that Bank of America has with this customer.
MS. PELLEGRINI: And again, is this a copy of the record kept in the normal course of business by Bank of America?
WILLIAM J. O'KEEFE, JR.: Yes, it is.
MS. PELLEGRINI: Your Honor, the government would offer 768 and 769 at this time.
MS. CLARKE: No objection.
THE COURT: All right.
(Government Exhibit Nos. 768 and 769 received into evidence.)
MS. PELLEGRINI: Let me go back to 768 and publish for the jury, please.
BY MS. PELLEGRINI:
MS. PELLEGRINI: Mr. O'Keefe, can you tell the jury, what does this document tell you about the transaction?
WILLIAM J. O'KEEFE, JR.: Well, what this tells me about the transaction was that as you go into the ATM, we have a 2318 on 4/18/13, someone accessing this ATM in order to make a transaction.
MS. PELLEGRINI: Mr. O'Keefe, let me just stop you.
MS. PELLEGRINI: Your screen is a touchscreen. And if you use the pad of your finger you can make an arrow or circle or a line. So with respect to the information that you're referring to -- and I'll clear that for a second -- can you just point out to the jury what section of the document you're talking about?
WILLIAM J. O'KEEFE, JR.: Sure. I'm starting from the bottom up.
MS. PELLEGRINI: Okay.
WILLIAM J. O'KEEFE, JR.: And basically, as it indicates, at 2318 that card was put into the ATM machine and it was verified, okay? And then the passcode, in order to access that account, as you see on the left-hand side here, the "rej" means it was rejected.
MS. PELLEGRINI: All right. So you're talking about this right here?
WILLIAM J. O'KEEFE, JR.: Yes. Where your red is, yes.
MS. PELLEGRINI: Okay.
WILLIAM J. O'KEEFE, JR.: Okay? And then again another attempt was made on that particular card where it was accepted as the pass -- PIN code was accepted for the ATM in order to basically begin the bank relationship, and $800 was withdrawn --
MS. PELLEGRINI: All right.
WILLIAM J. O'KEEFE, JR.: -- as you can see over on the other side, to the right here. Let me circle it.
MS. PELLEGRINI: All right. So you've drawn a circle around the first 800 that appears from the bottom up. Now, this transaction, though, would require the correct insertion of the PIN number. Is that correct?
WILLIAM J. O'KEEFE, JR.: Absolutely.
MS. PELLEGRINI: All right. So what's the next thing this document tells you?
WILLIAM J. O'KEEFE, JR.: The next thing it tells me is that -- and we're going up to the third line here. I'll put the third line here. That another attempt for $800 was made to be withdrawn and it was rejected based upon the account relationship where it was too much money taken out within a 24-hour period.
MS. PELLEGRINI: Does the code C8 that's right there by the rej mean anything? Is that a particular code for anything?
WILLIAM J. O'KEEFE, JR.: Correct. That's the code that indicates the request is over the limit.
MS. PELLEGRINI: Is over the limit allowed on that account. Is that correct?
WILLIAM J. O'KEEFE, JR.: Based on the relationship with the customer. Now, each customer can have their own relationship in terms of the amount they want to take out of their ATM card. This particular relationship had a minimum.
MS. PELLEGRINI: All right. And I know it sounds kind of obvious, but how does this tell you where this transaction took place; that is, how does it tell you where this ATM was?
WILLIAM J. O'KEEFE, JR.: How does it tell us where the ATM was?
MS. PELLEGRINI: Uh-huh.
WILLIAM J. O'KEEFE, JR.: In terms of location, it has the Watertown, Massachusetts, transaction amount, where it's Watertown, Massachusetts.
MS. PELLEGRINI: Okay. Do you know the particular address of that particular Watertown Bank of America ATM?
WILLIAM J. O'KEEFE, JR.: Yeah, it's 39 Main Street.
MS. PELLEGRINI: All right. Now, before we go on to Exhibit 769, is there a way for you to tell what type of card was used to access the account?
WILLIAM J. O'KEEFE, JR.: I can tell by the account number which is up in the top -- my left-hand side -- it might be your right-hand side -- which basically indicates the account relationship.
MS. PELLEGRINI: All right.
MS. PELLEGRINI: If I may approach, your Honor.
MS. PELLEGRINI: Mr. O'Keefe, I'd like to show you --
MS. PELLEGRINI: First, this is Government Exhibit 755 which I believe is in evidence, your Honor?
THE COURT: Yes.
BY MS. PELLEGRINI:
MS. PELLEGRINI: And, Mr. O'Keefe, do you recognize that item contained in that bag?
WILLIAM J. O'KEEFE, JR.: Yes. It's a Bank of America debit MasterCard.
MS. PELLEGRINI: All right. And is this, in fact, the debit card that was used to make these transactions on the night of April 18th, 2013?
WILLIAM J. O'KEEFE, JR.: Absolutely.
MS. PELLEGRINI: How do you know?
WILLIAM J. O'KEEFE, JR.: I know because the account number on this particular card, which I can read into the record, is the same account number that is on our system that we're looking at right now, which is our BOSS system. So the account number correlates with the card number 5312620002844097.
MS. PELLEGRINI: Okay. And that's what you're saying appears here? I'm just drawing a little red thing --
MS. PELLEGRINI: -- on 768.
MS. PELLEGRINI: May I have 769, please.
MS. PELLEGRINI: And, Mr. O'Keefe, with respect to this document, what is this?
WILLIAM J. O'KEEFE, JR.: This is the account relationship that he has with the bank where -- we have our keep-the-change program. So we round everything up. I'm not making a sales pitch, but we round everything up to the dollar. So that links into your account and also shows the transaction of $800 being debited from his account.
MS. PELLEGRINI: All right. Thank you. Now, Mr. O'Keefe, we talked about the video that you retrieved. That you were able to remotely access that night, correct?
WILLIAM J. O'KEEFE, JR.: Yes. Yes.
MS. PELLEGRINI: And in addition to reviewing it that night, have you reviewed it prior to coming into court today?
WILLIAM J. O'KEEFE, JR.: Yes. Yes.
MS. PELLEGRINI: And is this, in fact, the video that you retrieved and does it fairly and accurately depict what occurred in that ATM in Watertown on the night of April 18, 2013?
WILLIAM J. O'KEEFE, JR.: Absolutely.
MS. PELLEGRINI: All right. So with respect to Government Exhibit 756, your Honor, the government would offer this now and ask that it be published to the jury.
MS. CLARKE: No objection.
THE COURT: No objection? Okay.
(Government Exhibit No. 756 received into evidence.)
BY MS. PELLEGRINI:
MS. PELLEGRINI: Before we start, Mr. O'Keefe, do you recognize the screenshot here?
WILLIAM J. O'KEEFE, JR.: Yes; it's the ATM in Watertown.
MS. PELLEGRINI: And also -- so somewhere in the middle is there also -- very faintly, though -- the logo for Bank of America?
WILLIAM J. O'KEEFE, JR.: It's our standard emblem, yes.
MS. PELLEGRINI: If we could play this along, Mr. Bruemmer.
(Video played.)
MS. PELLEGRINI: Mr. O'Keefe, I stopped the video right here. When the person was at the door on the outside, did you know what was happening here in terms of how is this person gaining access?
WILLIAM J. O'KEEFE, JR.: There's a Parabit reader that's outside. He's able to swipe the card in order to open that door that allows him into the ATM based upon the mag stripe that's on the back of the ATM card.
MS. PELLEGRINI: So let me ask you this: If you have the card, the ATM doesn't know who you are unless you have the card and the PIN, correct?
WILLIAM J. O'KEEFE, JR.: Unless you just -- to get into the door here, just the card. You don't need the PIN to get into the door.
MS. PELLEGRINI: Just the card?
MS. PELLEGRINI: All right.
MS. PELLEGRINI: If we could continue.
(Video played.)
MS. PELLEGRINI: Let me just stop it right here.
MS. PELLEGRINI: So with respect to the actual -- whoops. It's not stopping -- ATM itself and the location of the video camera, where is this?
WILLIAM J. O'KEEFE, JR.: Where is this? This is in the vestibule of the ATM outside the banking center.
MS. PELLEGRINI: And where is the actual location of the machine in relation to the person who appears here on the right side of our screen?
WILLIAM J. O'KEEFE, JR.: It's in the wall. So it's a through-the-wall ATM. We have two types of ATM: One's the cash dispenser and one's a full-service ATM. This is a full-service ATM.
MS. PELLEGRINI: All right. We'll continue.
(Video played.)
MS. PELLEGRINI: Mr. O'Keefe, from this video, approximately how long did it take for the individual -- how long did the individual stay within the ATM?
WILLIAM J. O'KEEFE, JR.: About three minutes.
MS. PELLEGRINI: And is there also information on this video that you can see at this point which tells you approximately the time that these transactions were occurring?
WILLIAM J. O'KEEFE, JR.: Yes; it was 2321.
MS. PELLEGRINI: Okay. I'm never good at military time.
WILLIAM J. O'KEEFE, JR.: Yeah. It's 11:21.
MS. PELLEGRINI: Thank you. Mr. O'Keefe, one other question: Do all of the ATMs issue currency in the same denomination?
WILLIAM J. O'KEEFE, JR.: The ATMs that are out in the field all issue $20 denominations.
MS. PELLEGRINI: So the withdrawal of $800 that occurred in this transaction would have occurred all in $20 bills. Is that correct?
WILLIAM J. O'KEEFE, JR.: Correct. Correct. There are ATMs that do tens and 50s, but they're very, very obsolete, and they normally are in private buildings.
MS. PELLEGRINI: All right. But so this ATM --
WILLIAM J. O'KEEFE, JR.: Is 20s.
MS. PELLEGRINI: Is always 20s?
MS. PELLEGRINI: All right. Now, may I have exhibits in this order: 758, please, which I believe is already in evidence.
MS. PELLEGRINI: Mr. O'Keefe, showing you Exhibit 758, an image, do you recognize this as being from the video that we all just watched?
WILLIAM J. O'KEEFE, JR.: Exactly.
MS. PELLEGRINI: And is this, in fact, the same individual who made the transactions at the ATM on April the 18th?
MS. PELLEGRINI: And may I have Exhibit 761, please.
MS. PELLEGRINI: Again, is this a video from the -- I'm sorry -- a still from the video that we just observed?
MS. PELLEGRINI: May I have just a moment?
(Counsel confer off the record.)
MS. PELLEGRINI: Thank you. I have no further questions, Mr. O'Keefe.
MS. CLARKE: No questions.
THE COURT: No questions? All right, sir. Mr. O'Keefe, thank you. You may step down.
(The witness is excused.)
MR. WEINREB: The United States calls Officer Nickerson.