FILED NEW YORK COUNTY CLERK 10202015 0718 PM INDEX NO 6534892015

NYSCEF DOC NO 3 RECEIVED NYSCEF 10202015

j FINANCIAL INDUSTRY REGULATORY AUTHORITY

In the Matter of the Arbitration j Between

I DAVID JAMES MURPHY (CRD 4799650)I i

Claimant

1 - and- FINRA Case No 15-02320 i 1 j TILA AZEEM (CRD 5857404) JI

Respondent

1 CLAIMANTS AMENDED STATEMENT OF CLAIM

In conformance with Rule 13309(a)(2) of the FINRA Code of Arbitration Procedure governing l

Industry Disputes (hereinafter the Governing Code) Claimant David James Murphy (CRD i

I 4799650) (hereinafter Mr Murphy or alternatively the Claimant) by his attorneys

I SINGER DEUTSCH LLP as and for his Amended Statement of Claim against Respondent

1 Tila Azeem (CRD 5857404) (hereinafter Azeem or alternatively the Respondent) sets 1

forth and alleges as follows

i ~i

i I ~ i

I I

I I PRELIMINARY STATEMENT

1 Mr Murphy presently forty-five (45) years old - was employed by a) Citigroup Global

Markets Inc (CRD 7059) and b) Citicorp Securities Services Inc (CRD 15387) (hereinafter

together Citigroup or alternatively the Firm or the Company unless specified

otherwise)) from in or about November 2011 until September 252014 at which time his

employment was wrongfully abruptly and improperly terminated as a result of allegedly

imprudent conduct relating to a Citigroup employee named Tila Azeem (again Azeem or

alternatively the Respondent) ie conduct wholly unrelated to the stellar performance of his

duties and responsibilities as Citigroups Global Head of Prime Finance (hereinafter Mr

Murphys Wrongful Termination) At the time of his Wrongful Termination Mr Murphy a

Managing Director a) was responsible for roughly two hundred (200) - three hundred (300)

individuals as Citigroups Global Head of Prime Finance and b) was on pace to generate in

excess of $1 Billion in revenues for the entirety of Calendar Year 2014 for Citigroup and its

Shareholders respectively

) From hereon in Citigroup shall refer to Citigroup Global Markets Inc Citicorp Securities Services Inc and each oftheir respective predecessors successors subsidiaries parents and affiliates unless noted specifically otherwise

2

2 Based upon a September 19 2014 interrogation ofMr Murphy concerning his close

friendship with Azeem by Milagros Henriquez (hereinafter Henriquez) - a Human Resources

Specialist at Citigroup it was clear that Azeems recitation of events to amongst others

Human Resources as to her close friendship with Mr Murphy was replete with outright lies

I half-truths distortions and omissions Put simply Azeem had wilfully and knowingly slandered

Mr Murphy to Citigroup Then upon receiving Citigroups April 29 2015 Answer to the

Statement of Claim in a separate action that Mr Murphy had filed against Citigroup which is

presently pending at FINRA2 it was clear to Mr Murphy that Azeem undaunted had (and has)

I 2 On or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr Murphy did so by serving his Statement of Claim on Citigroup and in tum Citigroup thereafter filed the Statement of Claim with FINRA Said case is styled as David James Murphy vs Citigroup Global Markets Inc and Citicorp Securities Services Inc FINRA Dispute Resolution Arbitration Number 15-00321 (hereinafter the MurphyCitigroup Action) The MurphyCitigroup Action is scheduled to proceed to evidentiary hearings at FWRA on April 12 2016 April 13 2016 April 18 2016 April 19 2016 and April 20 2016 respectively

In the MurphyCitigroup Action on July 30 2015 Mr Murphy Moved to Amend his December 182014 Statement of Claim to name Azeem as a Respondent therein (hereinafter Mr Murphys Motion to Amend) By letter dated AUKust 5 2015 Citigroup noted to FINRA that it would not Oppose Mr Murphys Motion to Amend On AUKust 10 2015 Azeem Opposed Mr Murphys Motion to Amend (hereinafter Azeems Opposition) on the basis that a Panel had already been selected in the MurphyCitigroup action on July 6 2015 and accordingly were Azeem to be added as a Party in said action she would have been deprived of input into Arbitrator Selection On AUKust 122015 Mr Murphy Replied to Azeems Opposition to his Motion to Amend and on September 2 2015 the Panel in the MurphyCitigroup Action denied Mr Murphys Motion to Amend Thus a) the MurphyCitigroup Action is proceeding without Azeem as a Respondent thereto and consequently b) the present separate action is necessary

3

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elected to continue with and perpetuate her outright lies half-truths distortions and omissions

vis-a-vis Mr Murphy Put simply Azeem has continued to wilfully and knowingly slander Mr

Murphy to Citigroup

3 As a result of the overtly slanderous acts in which Azeem wilfully and maliciously

engaged on September 4 2015 Mr Murphy commenced the present action herein whereby he

is seeking inter alia

A Slander Per Se damages - ie damages that are separate and apart from the damages that Mr Murphy is seeking in the MurphyCitigroup Action3

B Unspecified Punitive damages and

3 In the MurphyCitigroup Action Mr Murphy is seeking as follows against Citiamproup a) Quantum MeruitUnjust Enrichment damages of $260000000 representing i) the amount by which Citigroup was enriched unjustly in Calendar Year 2014 by Mr Murphys efforts and ii) the amount oflncentive Compensation to which Mr Murphy was (and is) entitled for Calendar Year 2014 the exact amount to be proven at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon b) damages of $40000000 emanating from Citigroups improper and illegal Cancellation Confiscation and Conversion of deferred cash awards provided to Mr Murphy as part of his Incentive Compensation for Calendar Year 2013 with Statutory Interest thereon c) Libel Per Se damages in an amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon d) Tortious Interference with Prospective Business Relations damages in an amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon e) an Expuneement of the false defamatory language contained on Mr Murphys U-5 f) Unspecified damages emanating from Citigroups myriad of labor law violations -the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon g) Severance in connection with Mr Murphys Wrongful Termination - the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon h) PunitivelTreble damages of at a minimum $900000000 resulting from Citigroups deplorable misconduct the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action and i) the reimbursement of all FINRA fees that the Claimant shall incur in connection with the prosecution of the MurphyCitigroup Action

4

I I PRELIMINARY STATEMENT

1 Mr Murphy presently forty-five (45) years old - was employed by a) Citigroup Global

Markets Inc (CRD 7059) and b) Citicorp Securities Services Inc (CRD 15387) (hereinafter

together Citigroup or alternatively the Firm or the Company unless specified

otherwise)) from in or about November 2011 until September 252014 at which time his

employment was wrongfully abruptly and improperly terminated as a result of allegedly

imprudent conduct relating to a Citigroup employee named Tila Azeem (again Azeem or

alternatively the Respondent) ie conduct wholly unrelated to the stellar performance of his

duties and responsibilities as Citigroups Global Head of Prime Finance (hereinafter Mr

Murphys Wrongful Termination) At the time of his Wrongful Termination Mr Murphy a

Managing Director a) was responsible for roughly two hundred (200) - three hundred (300)

individuals as Citigroups Global Head of Prime Finance and b) was on pace to generate in

excess of $1 Billion in revenues for the entirety of Calendar Year 2014 for Citigroup and its

Shareholders respectively

) From hereon in Citigroup shall refer to Citigroup Global Markets Inc Citicorp Securities Services Inc and each oftheir respective predecessors successors subsidiaries parents and affiliates unless noted specifically otherwise

2

2 Based upon a September 19 2014 interrogation ofMr Murphy concerning his close

friendship with Azeem by Milagros Henriquez (hereinafter Henriquez) - a Human Resources

Specialist at Citigroup it was clear that Azeems recitation of events to amongst others

Human Resources as to her close friendship with Mr Murphy was replete with outright lies

I half-truths distortions and omissions Put simply Azeem had wilfully and knowingly slandered

Mr Murphy to Citigroup Then upon receiving Citigroups April 29 2015 Answer to the

Statement of Claim in a separate action that Mr Murphy had filed against Citigroup which is

presently pending at FINRA2 it was clear to Mr Murphy that Azeem undaunted had (and has)

I 2 On or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr Murphy did so by serving his Statement of Claim on Citigroup and in tum Citigroup thereafter filed the Statement of Claim with FINRA Said case is styled as David James Murphy vs Citigroup Global Markets Inc and Citicorp Securities Services Inc FINRA Dispute Resolution Arbitration Number 15-00321 (hereinafter the MurphyCitigroup Action) The MurphyCitigroup Action is scheduled to proceed to evidentiary hearings at FWRA on April 12 2016 April 13 2016 April 18 2016 April 19 2016 and April 20 2016 respectively

In the MurphyCitigroup Action on July 30 2015 Mr Murphy Moved to Amend his December 182014 Statement of Claim to name Azeem as a Respondent therein (hereinafter Mr Murphys Motion to Amend) By letter dated AUKust 5 2015 Citigroup noted to FINRA that it would not Oppose Mr Murphys Motion to Amend On AUKust 10 2015 Azeem Opposed Mr Murphys Motion to Amend (hereinafter Azeems Opposition) on the basis that a Panel had already been selected in the MurphyCitigroup action on July 6 2015 and accordingly were Azeem to be added as a Party in said action she would have been deprived of input into Arbitrator Selection On AUKust 122015 Mr Murphy Replied to Azeems Opposition to his Motion to Amend and on September 2 2015 the Panel in the MurphyCitigroup Action denied Mr Murphys Motion to Amend Thus a) the MurphyCitigroup Action is proceeding without Azeem as a Respondent thereto and consequently b) the present separate action is necessary

3

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elected to continue with and perpetuate her outright lies half-truths distortions and omissions

vis-a-vis Mr Murphy Put simply Azeem has continued to wilfully and knowingly slander Mr

Murphy to Citigroup

3 As a result of the overtly slanderous acts in which Azeem wilfully and maliciously

engaged on September 4 2015 Mr Murphy commenced the present action herein whereby he

is seeking inter alia

A Slander Per Se damages - ie damages that are separate and apart from the damages that Mr Murphy is seeking in the MurphyCitigroup Action3

B Unspecified Punitive damages and

3 In the MurphyCitigroup Action Mr Murphy is seeking as follows against Citiamproup a) Quantum MeruitUnjust Enrichment damages of $260000000 representing i) the amount by which Citigroup was enriched unjustly in Calendar Year 2014 by Mr Murphys efforts and ii) the amount oflncentive Compensation to which Mr Murphy was (and is) entitled for Calendar Year 2014 the exact amount to be proven at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon b) damages of $40000000 emanating from Citigroups improper and illegal Cancellation Confiscation and Conversion of deferred cash awards provided to Mr Murphy as part of his Incentive Compensation for Calendar Year 2013 with Statutory Interest thereon c) Libel Per Se damages in an amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon d) Tortious Interference with Prospective Business Relations damages in an amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon e) an Expuneement of the false defamatory language contained on Mr Murphys U-5 f) Unspecified damages emanating from Citigroups myriad of labor law violations -the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon g) Severance in connection with Mr Murphys Wrongful Termination - the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon h) PunitivelTreble damages of at a minimum $900000000 resulting from Citigroups deplorable misconduct the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action and i) the reimbursement of all FINRA fees that the Claimant shall incur in connection with the prosecution of the MurphyCitigroup Action

4

2 Based upon a September 19 2014 interrogation ofMr Murphy concerning his close

friendship with Azeem by Milagros Henriquez (hereinafter Henriquez) - a Human Resources

Specialist at Citigroup it was clear that Azeems recitation of events to amongst others

Human Resources as to her close friendship with Mr Murphy was replete with outright lies

I half-truths distortions and omissions Put simply Azeem had wilfully and knowingly slandered

Mr Murphy to Citigroup Then upon receiving Citigroups April 29 2015 Answer to the

Statement of Claim in a separate action that Mr Murphy had filed against Citigroup which is

presently pending at FINRA2 it was clear to Mr Murphy that Azeem undaunted had (and has)

I 2 On or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr Murphy did so by serving his Statement of Claim on Citigroup and in tum Citigroup thereafter filed the Statement of Claim with FINRA Said case is styled as David James Murphy vs Citigroup Global Markets Inc and Citicorp Securities Services Inc FINRA Dispute Resolution Arbitration Number 15-00321 (hereinafter the MurphyCitigroup Action) The MurphyCitigroup Action is scheduled to proceed to evidentiary hearings at FWRA on April 12 2016 April 13 2016 April 18 2016 April 19 2016 and April 20 2016 respectively

In the MurphyCitigroup Action on July 30 2015 Mr Murphy Moved to Amend his December 182014 Statement of Claim to name Azeem as a Respondent therein (hereinafter Mr Murphys Motion to Amend) By letter dated AUKust 5 2015 Citigroup noted to FINRA that it would not Oppose Mr Murphys Motion to Amend On AUKust 10 2015 Azeem Opposed Mr Murphys Motion to Amend (hereinafter Azeems Opposition) on the basis that a Panel had already been selected in the MurphyCitigroup action on July 6 2015 and accordingly were Azeem to be added as a Party in said action she would have been deprived of input into Arbitrator Selection On AUKust 122015 Mr Murphy Replied to Azeems Opposition to his Motion to Amend and on September 2 2015 the Panel in the MurphyCitigroup Action denied Mr Murphys Motion to Amend Thus a) the MurphyCitigroup Action is proceeding without Azeem as a Respondent thereto and consequently b) the present separate action is necessary

3

t I

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elected to continue with and perpetuate her outright lies half-truths distortions and omissions

vis-a-vis Mr Murphy Put simply Azeem has continued to wilfully and knowingly slander Mr

Murphy to Citigroup

3 As a result of the overtly slanderous acts in which Azeem wilfully and maliciously

engaged on September 4 2015 Mr Murphy commenced the present action herein whereby he

is seeking inter alia

A Slander Per Se damages - ie damages that are separate and apart from the damages that Mr Murphy is seeking in the MurphyCitigroup Action3

B Unspecified Punitive damages and

3 In the MurphyCitigroup Action Mr Murphy is seeking as follows against Citiamproup a) Quantum MeruitUnjust Enrichment damages of $260000000 representing i) the amount by which Citigroup was enriched unjustly in Calendar Year 2014 by Mr Murphys efforts and ii) the amount oflncentive Compensation to which Mr Murphy was (and is) entitled for Calendar Year 2014 the exact amount to be proven at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon b) damages of $40000000 emanating from Citigroups improper and illegal Cancellation Confiscation and Conversion of deferred cash awards provided to Mr Murphy as part of his Incentive Compensation for Calendar Year 2013 with Statutory Interest thereon c) Libel Per Se damages in an amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon d) Tortious Interference with Prospective Business Relations damages in an amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon e) an Expuneement of the false defamatory language contained on Mr Murphys U-5 f) Unspecified damages emanating from Citigroups myriad of labor law violations -the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon g) Severance in connection with Mr Murphys Wrongful Termination - the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon h) PunitivelTreble damages of at a minimum $900000000 resulting from Citigroups deplorable misconduct the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action and i) the reimbursement of all FINRA fees that the Claimant shall incur in connection with the prosecution of the MurphyCitigroup Action

4

I ( j

l ~

elected to continue with and perpetuate her outright lies half-truths distortions and omissions

vis-a-vis Mr Murphy Put simply Azeem has continued to wilfully and knowingly slander Mr

Murphy to Citigroup

3 As a result of the overtly slanderous acts in which Azeem wilfully and maliciously

engaged on September 4 2015 Mr Murphy commenced the present action herein whereby he

is seeking inter alia

A Slander Per Se damages - ie damages that are separate and apart from the damages that Mr Murphy is seeking in the MurphyCitigroup Action3

B Unspecified Punitive damages and

3 In the MurphyCitigroup Action Mr Murphy is seeking as follows against Citiamproup a) Quantum MeruitUnjust Enrichment damages of $260000000 representing i) the amount by which Citigroup was enriched unjustly in Calendar Year 2014 by Mr Murphys efforts and ii) the amount oflncentive Compensation to which Mr Murphy was (and is) entitled for Calendar Year 2014 the exact amount to be proven at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon b) damages of $40000000 emanating from Citigroups improper and illegal Cancellation Confiscation and Conversion of deferred cash awards provided to Mr Murphy as part of his Incentive Compensation for Calendar Year 2013 with Statutory Interest thereon c) Libel Per Se damages in an amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon d) Tortious Interference with Prospective Business Relations damages in an amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon e) an Expuneement of the false defamatory language contained on Mr Murphys U-5 f) Unspecified damages emanating from Citigroups myriad of labor law violations -the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon g) Severance in connection with Mr Murphys Wrongful Termination - the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon h) PunitivelTreble damages of at a minimum $900000000 resulting from Citigroups deplorable misconduct the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action and i) the reimbursement of all FINRA fees that the Claimant shall incur in connection with the prosecution of the MurphyCitigroup Action

4

C The reimbursement of all FINRA fees that Mr Murphy shall incur in connection with the prosecution of this matter J i j 1 II THE PARTIES

A THE CLAIMANT

1 4 Mr Murphy was born on October 291969 in Sydney Australia he is presently forty-J

five (45) years old Mr Murphy resides in Sydney Australia with his wife to whom he has 1

been married for nearly fifteen (15) years and their daughter Maya aged seven (7) In 1991I Mr Murphy graduated with First Class Honors from the University of Sydney with a Bachelor

1

I ofEconomics and with Majors in Econometrics and Economics respectively In 1993 Mr

I Murphy graduated with First Class Honors from the University of Sydney with a Bachelor of

1 Law1

I I

5 Prior to joining Citigroup in or about November 2011 Mr Murphy was employed by

andor reampistered with the following financial institutions

5

I I

A Macquarie Bank (May 1994 - AUlust 1999)4 Mr Murphy was an Associate Director in Macquarie Banks Project and Structured Finance Division wherein his responsibilities included inter alia

j

bull Undertaking private equity investments including acquiring the passenger J rail services ofAustralian National

bull Advising numerous Asian corporations on leveraged and project finance transactions across a range of sectors including telecommunications transport and power respectively

bull Advising the public and private sectors on the sale acquisition and financing of infrastructure assets including toll-roads and hospitals respectively and

bull Arranging cross-border leases for a number of Asian lessees including Cathay Pacific

Mr Murphy left Macquarie Bank voluntarily in AUlust 1999 to join Merrill Lynch

B Merrill Lynch (Aulust 1999 - AUlust 2002)5 Mr Murphy was a Director in Merrill Lynchs Structured New Products Group wherein his responsibilities included inter alia

bull The originating and structuring of hybrid capital issuance by banks and insurance companies respectively

bull Debt underwriting to support private equity transactions and

bull The structuring of merger acquisition and financing transactions to optimize the tax accounting and regulatory consequences thereof

Mr Murphy left Merrill Lynch voluntarily in AUlust 2002 to join Deutsche Bank and

4 May 1994 - AUlust 1998 Sydney AUlust 1998 - AUlust 1999 - Hong Kong

5 AUlust 1999 - AUlust 2000 - Hong Kong September 2000 - AUlust 2002 London

6

C Deutsche Bank (August 2002 - November 2011)6 In or about August 2002 Mr Murphy joined Deutsche Bank in London in its Structured Credit Products Group for EuropeMiddle East Africa (hereinafter EMEN) and thereafter he received a litany of significant promotions from the company to wit

l J

I

bull In or about January 2004 Mr Murphy was promoted to Deutsche Banks Structured Capital Markets Group for North America wherein he reshylocated to New York

j bull In or about June 2006 Mr Murphy was promoted to the Head of

Deutsche Banks Structured Capital Markets Group for North America

bull In or about October 2008 Mr Murphy was promoted to the Head ofj

i Deutsche Banks Strategic Equities Transactions Group for North America and

1 bull In or about July 2009 Mr Murphy was promoted to Deutsche Banks

1 I

Asian Head of Prime Finance and 1 I Asian Head of Equity Special Situations respectively wherein he

re-Iocated to Hong Kong

I

i

I

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I I

I 6 According to Mr Murphys publicly-available FINRA CRD Report he was employed by a) Deutsche Bank AG from March 2004 until August 2009 b) Deutsche Bank Securities Inc

I I from April 2004 until August 2009 and c) Deutsche Bank from September 2009 until

November 2011 According to Mr Murphys publicly-available FINRA CRD Report he was registered with Deutsche Bank Securities Inc from June 2004 until September 2009

I I 7

I i

1 1

As a Managing Director and Deutsche Banks i) Asian Head of Prime Finance and ii) Asian Head of Equity Special Situations respectively Mr Murphys duties and responsibilities included inter alia

bull Managing prime finance in Asia including prime brokerage delta one swaps (index and single stock) risk and financing functions stock loan client service and client on-boarding respectively The business generated euro150 million in revenues in 2010 a doubling of revenues from 2009 and

bull Managing a euro300 million legacy book of over twenty (20) private and public deals many distressed across a range of sectors including oil and gas metals and mining power generation and technology services respectively

Mr Murphy left Deutsche Bank voluntarily in November 2011 to join Citigroup

6 According to his publicly-available FINRA CRD Report Mr Murphy - who became

employed by Citigroup in or about November 2011 became reKistered with a) Citigroup

Global Markets Inc (CRD 7059) in June 2013 and b) Citicorp Securities Services Inc (CRD

15387) in April 2014 respectively Mr Murphy who holds a) a Series 7 license (obtained on

or about June 2 2004) b) a Series 24 license (obtained on or about July 29 2013) and c) a

Series 63 license (obtained on or about AUKust 26 2013) respectively

8

A Has never been the subject of a customer complaint

B Has never shy with the exception ofthe MurphyCitigroup Action and the present action respectively shy been a claimant in an arbitration

c Has never been a respondent in an arbitration

D Has never been disciplined or fined by FINRA or by any other regulatory or selfshyregulatory organization

E Has never been disciplined or fined by any employer by whom he has been employed

F Has never been disciplined or fined by any employer with whom he has been registered

G Has never sued anyone

H Has never been sued

L Has never been arrested

J Had never been fined by Citigroup

K Had never been demoted from his position as Managing Director by Citigroup

L Had never received a letter of caution from Citigroup

M Had never received a letter of warning from Citigroup

N Had never received a letter of admonishment from Citigroup and

o Aside from Citigroup had never been terminated by any ofhis prior employers

9

B THE RESPONDENT

7 According to her publicly-available FINRA CRD Report Respondent Tila Azeem (CRD

5857404) (again Azeem) became

A Employed by Citigroup in June 2013 and

B Relistered with Citigroup on AUlust 5 2013

According to her publicly-available FINRA CRD Report Azeem holds a) a Series 7 license

(obtained on or about AUlust 5 2013) b) a Series 63 license (obtained on or about AUlust 8

2013) c) a Series 3 license (obtained on or about September 16 2013) and d) a Series 55

license (obtained on or about September 16 2015) respectively

III JURISDICTION

8 Rule 13200(a) of the Governing Code provides as follows

Except as otherwise provided in the Code a dispute must be arbitrated under the Code if the dispute arises out of the business activities of a member or an associated person and is between or among

bull Members

bull Members and Associated Persons or

bull Associated Persons (emphasis added)

10

9 In accordance with Rule 13200(a) ofthe Governing Code this matter clearly arises out

of the business activities oLAssociated Persons (Mf Murphy and Azeem) and is between or

among Associated Persons (Mr Murphy and Azeem) Therefore the present matter is

arbitrable in this forum

10 In accordance with Rule 13213(a)(1) of the Governing Code

The Director will decide which of FINRAs hearing locations will be the hearing location for the arbitration In cases involving an associated person the Director willlenerally select the hearinllocation closest to where the associated person was employed at the time of the dispute (emphasis added)

11 Here Mr Murphy - an Associated Person was employed by and relistered with

Citigroup in New York City during the time when the events giving rise to this dispute occurred

Therefore in accordance with Rule 13213(a)(1) of the Governing Code the United States

FINRA Hearing Location closest to where the associated person was employed at the time of

the dispute is New York City To this end in conformance with FINRAs September 112015

Service Letter FINRA has selected New York NY as the hearing location for this case

11

IV THE FACTS UNDERLYING THE CLAIMANTS SLANDER PER SE CLAIM

A NOVEMBER 2011 - CITIGROUP HIRES THE CLAIMANT

12 In or about November 2011 as a result of an aggressive recruitment effort Mr Murphy

became employed by Citigroup in Hong Kong7 as a Managing Director and Citigroups Asian

Head of Prime Finance and Futures respectively Over the ensuing two (2) years Mr Murphy-

an inexhaustible worker a highly venerated team member and a superlative performer who had

engendered the respect and admiration from those junior similarly-situated and senior to him

respectively - received two (2) significant promotions at the Company to wit

A On March 12013 Mr Murphy was promoted to Citigroups Head of Prime Finance and Futures for the Americas wherein he re-Iocated to New YorkS and

B On January 12014 Mr Murphy was promoted to Citigroups Global Head of Prime Finance

7 Citibank Tower Citibank Plaza 3 Garden Road Central Hong Kong

8388 Greenwich Street New York New York 10013

12

B NOVEMBER 2011 - DECEMBER 312013 THE CLAIMANTS COMPENSATION FROM CITIGROUP

l3 Mr Murphys annual compensation from Citigroup during the period November 2011 shy

December 31 2013 was as follows

Year Base Salary Incentive Compensation Total

2011 $40000000 $185000000 $225000000 (annualizedt

2012 $40000000 $16000000010 $200000000 11

2013 $40000000 $20000000012 $24000000013

9 In addition to his annualized total compensation of $225000000 for Calendar Year 2011 Mr Murphy received a housing allowance of $19400000

10 Mr Murphy was awarded roughly $160000000 in Incentive Compensation for Calendar Year 2012 The term roughly is utilized because Mr Murphy does not have his Compensation Statement for said year

11 In addition to his total compensation of roughly $200000000 for Calendar Year 2012 Mr Murphy received a housing allowance of $19400000

12 Mr Murphy was awarded $200000000 in Incentive Compensation for Calendar Year 2013 however twenty percent (20) thereof or $40000000 was illegally cancelled confiscated and converted upon Mr Murphys Wrongful Termination

13 Mr Murphy did not receive a housing allowance for Calendar Year 2013 as a result of his re-Iocation to New York concomitant with his promotion to Citigroups Head of Prime Finance and Futures for the Americas

13

I I

A Macquarie Bank (May 1994 - AUlust 1999)4 Mr Murphy was an Associate Director in Macquarie Banks Project and Structured Finance Division wherein his responsibilities included inter alia

j

bull Undertaking private equity investments including acquiring the passenger J rail services ofAustralian National

bull Advising numerous Asian corporations on leveraged and project finance transactions across a range of sectors including telecommunications transport and power respectively

bull Advising the public and private sectors on the sale acquisition and financing of infrastructure assets including toll-roads and hospitals respectively and

bull Arranging cross-border leases for a number of Asian lessees including Cathay Pacific

Mr Murphy left Macquarie Bank voluntarily in AUlust 1999 to join Merrill Lynch

B Merrill Lynch (Aulust 1999 - AUlust 2002)5 Mr Murphy was a Director in Merrill Lynchs Structured New Products Group wherein his responsibilities included inter alia

bull The originating and structuring of hybrid capital issuance by banks and insurance companies respectively

bull Debt underwriting to support private equity transactions and

bull The structuring of merger acquisition and financing transactions to optimize the tax accounting and regulatory consequences thereof

Mr Murphy left Merrill Lynch voluntarily in AUlust 2002 to join Deutsche Bank and

4 May 1994 - AUlust 1998 Sydney AUlust 1998 - AUlust 1999 - Hong Kong

5 AUlust 1999 - AUlust 2000 - Hong Kong September 2000 - AUlust 2002 London

6

C Deutsche Bank (August 2002 - November 2011)6 In or about August 2002 Mr Murphy joined Deutsche Bank in London in its Structured Credit Products Group for EuropeMiddle East Africa (hereinafter EMEN) and thereafter he received a litany of significant promotions from the company to wit

l J

I

bull In or about January 2004 Mr Murphy was promoted to Deutsche Banks Structured Capital Markets Group for North America wherein he reshylocated to New York

j bull In or about June 2006 Mr Murphy was promoted to the Head of

Deutsche Banks Structured Capital Markets Group for North America

bull In or about October 2008 Mr Murphy was promoted to the Head ofj

i Deutsche Banks Strategic Equities Transactions Group for North America and

1 bull In or about July 2009 Mr Murphy was promoted to Deutsche Banks

1 I

Asian Head of Prime Finance and 1 I Asian Head of Equity Special Situations respectively wherein he

re-Iocated to Hong Kong

I

i

I

t l I

I I

I 6 According to Mr Murphys publicly-available FINRA CRD Report he was employed by a) Deutsche Bank AG from March 2004 until August 2009 b) Deutsche Bank Securities Inc

I I from April 2004 until August 2009 and c) Deutsche Bank from September 2009 until

November 2011 According to Mr Murphys publicly-available FINRA CRD Report he was registered with Deutsche Bank Securities Inc from June 2004 until September 2009

I I 7

I i

1 1

As a Managing Director and Deutsche Banks i) Asian Head of Prime Finance and ii) Asian Head of Equity Special Situations respectively Mr Murphys duties and responsibilities included inter alia

bull Managing prime finance in Asia including prime brokerage delta one swaps (index and single stock) risk and financing functions stock loan client service and client on-boarding respectively The business generated euro150 million in revenues in 2010 a doubling of revenues from 2009 and

bull Managing a euro300 million legacy book of over twenty (20) private and public deals many distressed across a range of sectors including oil and gas metals and mining power generation and technology services respectively

Mr Murphy left Deutsche Bank voluntarily in November 2011 to join Citigroup

6 According to his publicly-available FINRA CRD Report Mr Murphy - who became

employed by Citigroup in or about November 2011 became reKistered with a) Citigroup

Global Markets Inc (CRD 7059) in June 2013 and b) Citicorp Securities Services Inc (CRD

15387) in April 2014 respectively Mr Murphy who holds a) a Series 7 license (obtained on

or about June 2 2004) b) a Series 24 license (obtained on or about July 29 2013) and c) a

Series 63 license (obtained on or about AUKust 26 2013) respectively

8

A Has never been the subject of a customer complaint

B Has never shy with the exception ofthe MurphyCitigroup Action and the present action respectively shy been a claimant in an arbitration

c Has never been a respondent in an arbitration

D Has never been disciplined or fined by FINRA or by any other regulatory or selfshyregulatory organization

E Has never been disciplined or fined by any employer by whom he has been employed

F Has never been disciplined or fined by any employer with whom he has been registered

G Has never sued anyone

H Has never been sued

L Has never been arrested

J Had never been fined by Citigroup

K Had never been demoted from his position as Managing Director by Citigroup

L Had never received a letter of caution from Citigroup

M Had never received a letter of warning from Citigroup

N Had never received a letter of admonishment from Citigroup and

o Aside from Citigroup had never been terminated by any ofhis prior employers

9

B THE RESPONDENT

7 According to her publicly-available FINRA CRD Report Respondent Tila Azeem (CRD

5857404) (again Azeem) became

A Employed by Citigroup in June 2013 and

B Relistered with Citigroup on AUlust 5 2013

According to her publicly-available FINRA CRD Report Azeem holds a) a Series 7 license

(obtained on or about AUlust 5 2013) b) a Series 63 license (obtained on or about AUlust 8

2013) c) a Series 3 license (obtained on or about September 16 2013) and d) a Series 55

license (obtained on or about September 16 2015) respectively

III JURISDICTION

8 Rule 13200(a) of the Governing Code provides as follows

Except as otherwise provided in the Code a dispute must be arbitrated under the Code if the dispute arises out of the business activities of a member or an associated person and is between or among

bull Members

bull Members and Associated Persons or

bull Associated Persons (emphasis added)

10

9 In accordance with Rule 13200(a) ofthe Governing Code this matter clearly arises out

of the business activities oLAssociated Persons (Mf Murphy and Azeem) and is between or

among Associated Persons (Mr Murphy and Azeem) Therefore the present matter is

arbitrable in this forum

10 In accordance with Rule 13213(a)(1) of the Governing Code

The Director will decide which of FINRAs hearing locations will be the hearing location for the arbitration In cases involving an associated person the Director willlenerally select the hearinllocation closest to where the associated person was employed at the time of the dispute (emphasis added)

11 Here Mr Murphy - an Associated Person was employed by and relistered with

Citigroup in New York City during the time when the events giving rise to this dispute occurred

Therefore in accordance with Rule 13213(a)(1) of the Governing Code the United States

FINRA Hearing Location closest to where the associated person was employed at the time of

the dispute is New York City To this end in conformance with FINRAs September 112015

Service Letter FINRA has selected New York NY as the hearing location for this case

11

IV THE FACTS UNDERLYING THE CLAIMANTS SLANDER PER SE CLAIM

A NOVEMBER 2011 - CITIGROUP HIRES THE CLAIMANT

12 In or about November 2011 as a result of an aggressive recruitment effort Mr Murphy

became employed by Citigroup in Hong Kong7 as a Managing Director and Citigroups Asian

Head of Prime Finance and Futures respectively Over the ensuing two (2) years Mr Murphy-

an inexhaustible worker a highly venerated team member and a superlative performer who had

engendered the respect and admiration from those junior similarly-situated and senior to him

respectively - received two (2) significant promotions at the Company to wit

A On March 12013 Mr Murphy was promoted to Citigroups Head of Prime Finance and Futures for the Americas wherein he re-Iocated to New YorkS and

B On January 12014 Mr Murphy was promoted to Citigroups Global Head of Prime Finance

7 Citibank Tower Citibank Plaza 3 Garden Road Central Hong Kong

8388 Greenwich Street New York New York 10013

12

B NOVEMBER 2011 - DECEMBER 312013 THE CLAIMANTS COMPENSATION FROM CITIGROUP

l3 Mr Murphys annual compensation from Citigroup during the period November 2011 shy

December 31 2013 was as follows

Year Base Salary Incentive Compensation Total

2011 $40000000 $185000000 $225000000 (annualizedt

2012 $40000000 $16000000010 $200000000 11

2013 $40000000 $20000000012 $24000000013

9 In addition to his annualized total compensation of $225000000 for Calendar Year 2011 Mr Murphy received a housing allowance of $19400000

10 Mr Murphy was awarded roughly $160000000 in Incentive Compensation for Calendar Year 2012 The term roughly is utilized because Mr Murphy does not have his Compensation Statement for said year

11 In addition to his total compensation of roughly $200000000 for Calendar Year 2012 Mr Murphy received a housing allowance of $19400000

12 Mr Murphy was awarded $200000000 in Incentive Compensation for Calendar Year 2013 however twenty percent (20) thereof or $40000000 was illegally cancelled confiscated and converted upon Mr Murphys Wrongful Termination

13 Mr Murphy did not receive a housing allowance for Calendar Year 2013 as a result of his re-Iocation to New York concomitant with his promotion to Citigroups Head of Prime Finance and Futures for the Americas

13

C Deutsche Bank (August 2002 - November 2011)6 In or about August 2002 Mr Murphy joined Deutsche Bank in London in its Structured Credit Products Group for EuropeMiddle East Africa (hereinafter EMEN) and thereafter he received a litany of significant promotions from the company to wit

l J

I

bull In or about January 2004 Mr Murphy was promoted to Deutsche Banks Structured Capital Markets Group for North America wherein he reshylocated to New York

j bull In or about June 2006 Mr Murphy was promoted to the Head of

Deutsche Banks Structured Capital Markets Group for North America

bull In or about October 2008 Mr Murphy was promoted to the Head ofj

i Deutsche Banks Strategic Equities Transactions Group for North America and

1 bull In or about July 2009 Mr Murphy was promoted to Deutsche Banks

1 I

Asian Head of Prime Finance and 1 I Asian Head of Equity Special Situations respectively wherein he

re-Iocated to Hong Kong

I

i

I

t l I

I I

I 6 According to Mr Murphys publicly-available FINRA CRD Report he was employed by a) Deutsche Bank AG from March 2004 until August 2009 b) Deutsche Bank Securities Inc

I I from April 2004 until August 2009 and c) Deutsche Bank from September 2009 until

November 2011 According to Mr Murphys publicly-available FINRA CRD Report he was registered with Deutsche Bank Securities Inc from June 2004 until September 2009

I I 7

I i

1 1

As a Managing Director and Deutsche Banks i) Asian Head of Prime Finance and ii) Asian Head of Equity Special Situations respectively Mr Murphys duties and responsibilities included inter alia

bull Managing prime finance in Asia including prime brokerage delta one swaps (index and single stock) risk and financing functions stock loan client service and client on-boarding respectively The business generated euro150 million in revenues in 2010 a doubling of revenues from 2009 and

bull Managing a euro300 million legacy book of over twenty (20) private and public deals many distressed across a range of sectors including oil and gas metals and mining power generation and technology services respectively

Mr Murphy left Deutsche Bank voluntarily in November 2011 to join Citigroup

6 According to his publicly-available FINRA CRD Report Mr Murphy - who became

employed by Citigroup in or about November 2011 became reKistered with a) Citigroup

Global Markets Inc (CRD 7059) in June 2013 and b) Citicorp Securities Services Inc (CRD

15387) in April 2014 respectively Mr Murphy who holds a) a Series 7 license (obtained on

or about June 2 2004) b) a Series 24 license (obtained on or about July 29 2013) and c) a

Series 63 license (obtained on or about AUKust 26 2013) respectively

8

A Has never been the subject of a customer complaint

B Has never shy with the exception ofthe MurphyCitigroup Action and the present action respectively shy been a claimant in an arbitration

c Has never been a respondent in an arbitration

D Has never been disciplined or fined by FINRA or by any other regulatory or selfshyregulatory organization

E Has never been disciplined or fined by any employer by whom he has been employed

F Has never been disciplined or fined by any employer with whom he has been registered

G Has never sued anyone

H Has never been sued

L Has never been arrested

J Had never been fined by Citigroup

K Had never been demoted from his position as Managing Director by Citigroup

L Had never received a letter of caution from Citigroup

M Had never received a letter of warning from Citigroup

N Had never received a letter of admonishment from Citigroup and

o Aside from Citigroup had never been terminated by any ofhis prior employers

9

B THE RESPONDENT

7 According to her publicly-available FINRA CRD Report Respondent Tila Azeem (CRD

5857404) (again Azeem) became

A Employed by Citigroup in June 2013 and

B Relistered with Citigroup on AUlust 5 2013

According to her publicly-available FINRA CRD Report Azeem holds a) a Series 7 license

(obtained on or about AUlust 5 2013) b) a Series 63 license (obtained on or about AUlust 8

2013) c) a Series 3 license (obtained on or about September 16 2013) and d) a Series 55

license (obtained on or about September 16 2015) respectively

III JURISDICTION

8 Rule 13200(a) of the Governing Code provides as follows

Except as otherwise provided in the Code a dispute must be arbitrated under the Code if the dispute arises out of the business activities of a member or an associated person and is between or among

bull Members

bull Members and Associated Persons or

bull Associated Persons (emphasis added)

10

9 In accordance with Rule 13200(a) ofthe Governing Code this matter clearly arises out

of the business activities oLAssociated Persons (Mf Murphy and Azeem) and is between or

among Associated Persons (Mr Murphy and Azeem) Therefore the present matter is

arbitrable in this forum

10 In accordance with Rule 13213(a)(1) of the Governing Code

The Director will decide which of FINRAs hearing locations will be the hearing location for the arbitration In cases involving an associated person the Director willlenerally select the hearinllocation closest to where the associated person was employed at the time of the dispute (emphasis added)

11 Here Mr Murphy - an Associated Person was employed by and relistered with

Citigroup in New York City during the time when the events giving rise to this dispute occurred

Therefore in accordance with Rule 13213(a)(1) of the Governing Code the United States

FINRA Hearing Location closest to where the associated person was employed at the time of

the dispute is New York City To this end in conformance with FINRAs September 112015

Service Letter FINRA has selected New York NY as the hearing location for this case

11

IV THE FACTS UNDERLYING THE CLAIMANTS SLANDER PER SE CLAIM

A NOVEMBER 2011 - CITIGROUP HIRES THE CLAIMANT

12 In or about November 2011 as a result of an aggressive recruitment effort Mr Murphy

became employed by Citigroup in Hong Kong7 as a Managing Director and Citigroups Asian

Head of Prime Finance and Futures respectively Over the ensuing two (2) years Mr Murphy-

an inexhaustible worker a highly venerated team member and a superlative performer who had

engendered the respect and admiration from those junior similarly-situated and senior to him

respectively - received two (2) significant promotions at the Company to wit

A On March 12013 Mr Murphy was promoted to Citigroups Head of Prime Finance and Futures for the Americas wherein he re-Iocated to New YorkS and

B On January 12014 Mr Murphy was promoted to Citigroups Global Head of Prime Finance

7 Citibank Tower Citibank Plaza 3 Garden Road Central Hong Kong

8388 Greenwich Street New York New York 10013

12

B NOVEMBER 2011 - DECEMBER 312013 THE CLAIMANTS COMPENSATION FROM CITIGROUP

l3 Mr Murphys annual compensation from Citigroup during the period November 2011 shy

December 31 2013 was as follows

Year Base Salary Incentive Compensation Total

2011 $40000000 $185000000 $225000000 (annualizedt

2012 $40000000 $16000000010 $200000000 11

2013 $40000000 $20000000012 $24000000013

9 In addition to his annualized total compensation of $225000000 for Calendar Year 2011 Mr Murphy received a housing allowance of $19400000

10 Mr Murphy was awarded roughly $160000000 in Incentive Compensation for Calendar Year 2012 The term roughly is utilized because Mr Murphy does not have his Compensation Statement for said year

11 In addition to his total compensation of roughly $200000000 for Calendar Year 2012 Mr Murphy received a housing allowance of $19400000

12 Mr Murphy was awarded $200000000 in Incentive Compensation for Calendar Year 2013 however twenty percent (20) thereof or $40000000 was illegally cancelled confiscated and converted upon Mr Murphys Wrongful Termination

13 Mr Murphy did not receive a housing allowance for Calendar Year 2013 as a result of his re-Iocation to New York concomitant with his promotion to Citigroups Head of Prime Finance and Futures for the Americas

13

1 1

As a Managing Director and Deutsche Banks i) Asian Head of Prime Finance and ii) Asian Head of Equity Special Situations respectively Mr Murphys duties and responsibilities included inter alia

bull Managing prime finance in Asia including prime brokerage delta one swaps (index and single stock) risk and financing functions stock loan client service and client on-boarding respectively The business generated euro150 million in revenues in 2010 a doubling of revenues from 2009 and

bull Managing a euro300 million legacy book of over twenty (20) private and public deals many distressed across a range of sectors including oil and gas metals and mining power generation and technology services respectively

Mr Murphy left Deutsche Bank voluntarily in November 2011 to join Citigroup

6 According to his publicly-available FINRA CRD Report Mr Murphy - who became

employed by Citigroup in or about November 2011 became reKistered with a) Citigroup

Global Markets Inc (CRD 7059) in June 2013 and b) Citicorp Securities Services Inc (CRD

15387) in April 2014 respectively Mr Murphy who holds a) a Series 7 license (obtained on

or about June 2 2004) b) a Series 24 license (obtained on or about July 29 2013) and c) a

Series 63 license (obtained on or about AUKust 26 2013) respectively

8

A Has never been the subject of a customer complaint

B Has never shy with the exception ofthe MurphyCitigroup Action and the present action respectively shy been a claimant in an arbitration

c Has never been a respondent in an arbitration

D Has never been disciplined or fined by FINRA or by any other regulatory or selfshyregulatory organization

E Has never been disciplined or fined by any employer by whom he has been employed

F Has never been disciplined or fined by any employer with whom he has been registered

G Has never sued anyone

H Has never been sued

L Has never been arrested

J Had never been fined by Citigroup

K Had never been demoted from his position as Managing Director by Citigroup

L Had never received a letter of caution from Citigroup

M Had never received a letter of warning from Citigroup

N Had never received a letter of admonishment from Citigroup and

o Aside from Citigroup had never been terminated by any ofhis prior employers

9

B THE RESPONDENT

7 According to her publicly-available FINRA CRD Report Respondent Tila Azeem (CRD

5857404) (again Azeem) became

A Employed by Citigroup in June 2013 and

B Relistered with Citigroup on AUlust 5 2013

According to her publicly-available FINRA CRD Report Azeem holds a) a Series 7 license

(obtained on or about AUlust 5 2013) b) a Series 63 license (obtained on or about AUlust 8

2013) c) a Series 3 license (obtained on or about September 16 2013) and d) a Series 55

license (obtained on or about September 16 2015) respectively

III JURISDICTION

8 Rule 13200(a) of the Governing Code provides as follows

Except as otherwise provided in the Code a dispute must be arbitrated under the Code if the dispute arises out of the business activities of a member or an associated person and is between or among

bull Members

bull Members and Associated Persons or

bull Associated Persons (emphasis added)

10

9 In accordance with Rule 13200(a) ofthe Governing Code this matter clearly arises out

of the business activities oLAssociated Persons (Mf Murphy and Azeem) and is between or

among Associated Persons (Mr Murphy and Azeem) Therefore the present matter is

arbitrable in this forum

10 In accordance with Rule 13213(a)(1) of the Governing Code

The Director will decide which of FINRAs hearing locations will be the hearing location for the arbitration In cases involving an associated person the Director willlenerally select the hearinllocation closest to where the associated person was employed at the time of the dispute (emphasis added)

11 Here Mr Murphy - an Associated Person was employed by and relistered with

Citigroup in New York City during the time when the events giving rise to this dispute occurred

Therefore in accordance with Rule 13213(a)(1) of the Governing Code the United States

FINRA Hearing Location closest to where the associated person was employed at the time of

the dispute is New York City To this end in conformance with FINRAs September 112015

Service Letter FINRA has selected New York NY as the hearing location for this case

11

IV THE FACTS UNDERLYING THE CLAIMANTS SLANDER PER SE CLAIM

A NOVEMBER 2011 - CITIGROUP HIRES THE CLAIMANT

12 In or about November 2011 as a result of an aggressive recruitment effort Mr Murphy

became employed by Citigroup in Hong Kong7 as a Managing Director and Citigroups Asian

Head of Prime Finance and Futures respectively Over the ensuing two (2) years Mr Murphy-

an inexhaustible worker a highly venerated team member and a superlative performer who had

engendered the respect and admiration from those junior similarly-situated and senior to him

respectively - received two (2) significant promotions at the Company to wit

A On March 12013 Mr Murphy was promoted to Citigroups Head of Prime Finance and Futures for the Americas wherein he re-Iocated to New YorkS and

B On January 12014 Mr Murphy was promoted to Citigroups Global Head of Prime Finance

7 Citibank Tower Citibank Plaza 3 Garden Road Central Hong Kong

8388 Greenwich Street New York New York 10013

12

B NOVEMBER 2011 - DECEMBER 312013 THE CLAIMANTS COMPENSATION FROM CITIGROUP

l3 Mr Murphys annual compensation from Citigroup during the period November 2011 shy

December 31 2013 was as follows

Year Base Salary Incentive Compensation Total

2011 $40000000 $185000000 $225000000 (annualizedt

2012 $40000000 $16000000010 $200000000 11

2013 $40000000 $20000000012 $24000000013

9 In addition to his annualized total compensation of $225000000 for Calendar Year 2011 Mr Murphy received a housing allowance of $19400000

10 Mr Murphy was awarded roughly $160000000 in Incentive Compensation for Calendar Year 2012 The term roughly is utilized because Mr Murphy does not have his Compensation Statement for said year

11 In addition to his total compensation of roughly $200000000 for Calendar Year 2012 Mr Murphy received a housing allowance of $19400000

12 Mr Murphy was awarded $200000000 in Incentive Compensation for Calendar Year 2013 however twenty percent (20) thereof or $40000000 was illegally cancelled confiscated and converted upon Mr Murphys Wrongful Termination

13 Mr Murphy did not receive a housing allowance for Calendar Year 2013 as a result of his re-Iocation to New York concomitant with his promotion to Citigroups Head of Prime Finance and Futures for the Americas

13

A Has never been the subject of a customer complaint

B Has never shy with the exception ofthe MurphyCitigroup Action and the present action respectively shy been a claimant in an arbitration

c Has never been a respondent in an arbitration

D Has never been disciplined or fined by FINRA or by any other regulatory or selfshyregulatory organization

E Has never been disciplined or fined by any employer by whom he has been employed

F Has never been disciplined or fined by any employer with whom he has been registered

G Has never sued anyone

H Has never been sued

L Has never been arrested

J Had never been fined by Citigroup

K Had never been demoted from his position as Managing Director by Citigroup

L Had never received a letter of caution from Citigroup

M Had never received a letter of warning from Citigroup

N Had never received a letter of admonishment from Citigroup and

o Aside from Citigroup had never been terminated by any ofhis prior employers

9

B THE RESPONDENT

7 According to her publicly-available FINRA CRD Report Respondent Tila Azeem (CRD

5857404) (again Azeem) became

A Employed by Citigroup in June 2013 and

B Relistered with Citigroup on AUlust 5 2013

According to her publicly-available FINRA CRD Report Azeem holds a) a Series 7 license

(obtained on or about AUlust 5 2013) b) a Series 63 license (obtained on or about AUlust 8

2013) c) a Series 3 license (obtained on or about September 16 2013) and d) a Series 55

license (obtained on or about September 16 2015) respectively

III JURISDICTION

8 Rule 13200(a) of the Governing Code provides as follows

Except as otherwise provided in the Code a dispute must be arbitrated under the Code if the dispute arises out of the business activities of a member or an associated person and is between or among

bull Members

bull Members and Associated Persons or

bull Associated Persons (emphasis added)

10

9 In accordance with Rule 13200(a) ofthe Governing Code this matter clearly arises out

of the business activities oLAssociated Persons (Mf Murphy and Azeem) and is between or

among Associated Persons (Mr Murphy and Azeem) Therefore the present matter is

arbitrable in this forum

10 In accordance with Rule 13213(a)(1) of the Governing Code

The Director will decide which of FINRAs hearing locations will be the hearing location for the arbitration In cases involving an associated person the Director willlenerally select the hearinllocation closest to where the associated person was employed at the time of the dispute (emphasis added)

11 Here Mr Murphy - an Associated Person was employed by and relistered with

Citigroup in New York City during the time when the events giving rise to this dispute occurred

Therefore in accordance with Rule 13213(a)(1) of the Governing Code the United States

FINRA Hearing Location closest to where the associated person was employed at the time of

the dispute is New York City To this end in conformance with FINRAs September 112015

Service Letter FINRA has selected New York NY as the hearing location for this case

11

IV THE FACTS UNDERLYING THE CLAIMANTS SLANDER PER SE CLAIM

A NOVEMBER 2011 - CITIGROUP HIRES THE CLAIMANT

12 In or about November 2011 as a result of an aggressive recruitment effort Mr Murphy

became employed by Citigroup in Hong Kong7 as a Managing Director and Citigroups Asian

Head of Prime Finance and Futures respectively Over the ensuing two (2) years Mr Murphy-

an inexhaustible worker a highly venerated team member and a superlative performer who had

engendered the respect and admiration from those junior similarly-situated and senior to him

respectively - received two (2) significant promotions at the Company to wit

A On March 12013 Mr Murphy was promoted to Citigroups Head of Prime Finance and Futures for the Americas wherein he re-Iocated to New YorkS and

B On January 12014 Mr Murphy was promoted to Citigroups Global Head of Prime Finance

7 Citibank Tower Citibank Plaza 3 Garden Road Central Hong Kong

8388 Greenwich Street New York New York 10013

12

B NOVEMBER 2011 - DECEMBER 312013 THE CLAIMANTS COMPENSATION FROM CITIGROUP

l3 Mr Murphys annual compensation from Citigroup during the period November 2011 shy

December 31 2013 was as follows

Year Base Salary Incentive Compensation Total

2011 $40000000 $185000000 $225000000 (annualizedt

2012 $40000000 $16000000010 $200000000 11

2013 $40000000 $20000000012 $24000000013

9 In addition to his annualized total compensation of $225000000 for Calendar Year 2011 Mr Murphy received a housing allowance of $19400000

10 Mr Murphy was awarded roughly $160000000 in Incentive Compensation for Calendar Year 2012 The term roughly is utilized because Mr Murphy does not have his Compensation Statement for said year

11 In addition to his total compensation of roughly $200000000 for Calendar Year 2012 Mr Murphy received a housing allowance of $19400000

12 Mr Murphy was awarded $200000000 in Incentive Compensation for Calendar Year 2013 however twenty percent (20) thereof or $40000000 was illegally cancelled confiscated and converted upon Mr Murphys Wrongful Termination

13 Mr Murphy did not receive a housing allowance for Calendar Year 2013 as a result of his re-Iocation to New York concomitant with his promotion to Citigroups Head of Prime Finance and Futures for the Americas

13

B THE RESPONDENT

7 According to her publicly-available FINRA CRD Report Respondent Tila Azeem (CRD

5857404) (again Azeem) became

A Employed by Citigroup in June 2013 and

B Relistered with Citigroup on AUlust 5 2013

According to her publicly-available FINRA CRD Report Azeem holds a) a Series 7 license

(obtained on or about AUlust 5 2013) b) a Series 63 license (obtained on or about AUlust 8

2013) c) a Series 3 license (obtained on or about September 16 2013) and d) a Series 55

license (obtained on or about September 16 2015) respectively

III JURISDICTION

8 Rule 13200(a) of the Governing Code provides as follows

Except as otherwise provided in the Code a dispute must be arbitrated under the Code if the dispute arises out of the business activities of a member or an associated person and is between or among

bull Members

bull Members and Associated Persons or

bull Associated Persons (emphasis added)

10

9 In accordance with Rule 13200(a) ofthe Governing Code this matter clearly arises out

of the business activities oLAssociated Persons (Mf Murphy and Azeem) and is between or

among Associated Persons (Mr Murphy and Azeem) Therefore the present matter is

arbitrable in this forum

10 In accordance with Rule 13213(a)(1) of the Governing Code

The Director will decide which of FINRAs hearing locations will be the hearing location for the arbitration In cases involving an associated person the Director willlenerally select the hearinllocation closest to where the associated person was employed at the time of the dispute (emphasis added)

11 Here Mr Murphy - an Associated Person was employed by and relistered with

Citigroup in New York City during the time when the events giving rise to this dispute occurred

Therefore in accordance with Rule 13213(a)(1) of the Governing Code the United States

FINRA Hearing Location closest to where the associated person was employed at the time of

the dispute is New York City To this end in conformance with FINRAs September 112015

Service Letter FINRA has selected New York NY as the hearing location for this case

11

IV THE FACTS UNDERLYING THE CLAIMANTS SLANDER PER SE CLAIM

A NOVEMBER 2011 - CITIGROUP HIRES THE CLAIMANT

12 In or about November 2011 as a result of an aggressive recruitment effort Mr Murphy

became employed by Citigroup in Hong Kong7 as a Managing Director and Citigroups Asian

Head of Prime Finance and Futures respectively Over the ensuing two (2) years Mr Murphy-

an inexhaustible worker a highly venerated team member and a superlative performer who had

engendered the respect and admiration from those junior similarly-situated and senior to him

respectively - received two (2) significant promotions at the Company to wit

A On March 12013 Mr Murphy was promoted to Citigroups Head of Prime Finance and Futures for the Americas wherein he re-Iocated to New YorkS and

B On January 12014 Mr Murphy was promoted to Citigroups Global Head of Prime Finance

7 Citibank Tower Citibank Plaza 3 Garden Road Central Hong Kong

8388 Greenwich Street New York New York 10013

12

B NOVEMBER 2011 - DECEMBER 312013 THE CLAIMANTS COMPENSATION FROM CITIGROUP

l3 Mr Murphys annual compensation from Citigroup during the period November 2011 shy

December 31 2013 was as follows

Year Base Salary Incentive Compensation Total

2011 $40000000 $185000000 $225000000 (annualizedt

2012 $40000000 $16000000010 $200000000 11

2013 $40000000 $20000000012 $24000000013

9 In addition to his annualized total compensation of $225000000 for Calendar Year 2011 Mr Murphy received a housing allowance of $19400000

10 Mr Murphy was awarded roughly $160000000 in Incentive Compensation for Calendar Year 2012 The term roughly is utilized because Mr Murphy does not have his Compensation Statement for said year

11 In addition to his total compensation of roughly $200000000 for Calendar Year 2012 Mr Murphy received a housing allowance of $19400000

12 Mr Murphy was awarded $200000000 in Incentive Compensation for Calendar Year 2013 however twenty percent (20) thereof or $40000000 was illegally cancelled confiscated and converted upon Mr Murphys Wrongful Termination

13 Mr Murphy did not receive a housing allowance for Calendar Year 2013 as a result of his re-Iocation to New York concomitant with his promotion to Citigroups Head of Prime Finance and Futures for the Americas

13

9 In accordance with Rule 13200(a) ofthe Governing Code this matter clearly arises out

of the business activities oLAssociated Persons (Mf Murphy and Azeem) and is between or

among Associated Persons (Mr Murphy and Azeem) Therefore the present matter is

arbitrable in this forum

10 In accordance with Rule 13213(a)(1) of the Governing Code

The Director will decide which of FINRAs hearing locations will be the hearing location for the arbitration In cases involving an associated person the Director willlenerally select the hearinllocation closest to where the associated person was employed at the time of the dispute (emphasis added)

11 Here Mr Murphy - an Associated Person was employed by and relistered with

Citigroup in New York City during the time when the events giving rise to this dispute occurred

Therefore in accordance with Rule 13213(a)(1) of the Governing Code the United States

FINRA Hearing Location closest to where the associated person was employed at the time of

the dispute is New York City To this end in conformance with FINRAs September 112015

Service Letter FINRA has selected New York NY as the hearing location for this case

11

IV THE FACTS UNDERLYING THE CLAIMANTS SLANDER PER SE CLAIM

A NOVEMBER 2011 - CITIGROUP HIRES THE CLAIMANT

12 In or about November 2011 as a result of an aggressive recruitment effort Mr Murphy

became employed by Citigroup in Hong Kong7 as a Managing Director and Citigroups Asian

Head of Prime Finance and Futures respectively Over the ensuing two (2) years Mr Murphy-

an inexhaustible worker a highly venerated team member and a superlative performer who had

engendered the respect and admiration from those junior similarly-situated and senior to him

respectively - received two (2) significant promotions at the Company to wit

A On March 12013 Mr Murphy was promoted to Citigroups Head of Prime Finance and Futures for the Americas wherein he re-Iocated to New YorkS and

B On January 12014 Mr Murphy was promoted to Citigroups Global Head of Prime Finance

7 Citibank Tower Citibank Plaza 3 Garden Road Central Hong Kong

8388 Greenwich Street New York New York 10013

12

B NOVEMBER 2011 - DECEMBER 312013 THE CLAIMANTS COMPENSATION FROM CITIGROUP

l3 Mr Murphys annual compensation from Citigroup during the period November 2011 shy

December 31 2013 was as follows

Year Base Salary Incentive Compensation Total

2011 $40000000 $185000000 $225000000 (annualizedt

2012 $40000000 $16000000010 $200000000 11

2013 $40000000 $20000000012 $24000000013

9 In addition to his annualized total compensation of $225000000 for Calendar Year 2011 Mr Murphy received a housing allowance of $19400000

10 Mr Murphy was awarded roughly $160000000 in Incentive Compensation for Calendar Year 2012 The term roughly is utilized because Mr Murphy does not have his Compensation Statement for said year

11 In addition to his total compensation of roughly $200000000 for Calendar Year 2012 Mr Murphy received a housing allowance of $19400000

12 Mr Murphy was awarded $200000000 in Incentive Compensation for Calendar Year 2013 however twenty percent (20) thereof or $40000000 was illegally cancelled confiscated and converted upon Mr Murphys Wrongful Termination

13 Mr Murphy did not receive a housing allowance for Calendar Year 2013 as a result of his re-Iocation to New York concomitant with his promotion to Citigroups Head of Prime Finance and Futures for the Americas

13

IV THE FACTS UNDERLYING THE CLAIMANTS SLANDER PER SE CLAIM

A NOVEMBER 2011 - CITIGROUP HIRES THE CLAIMANT

12 In or about November 2011 as a result of an aggressive recruitment effort Mr Murphy

became employed by Citigroup in Hong Kong7 as a Managing Director and Citigroups Asian

Head of Prime Finance and Futures respectively Over the ensuing two (2) years Mr Murphy-

an inexhaustible worker a highly venerated team member and a superlative performer who had

engendered the respect and admiration from those junior similarly-situated and senior to him

respectively - received two (2) significant promotions at the Company to wit

A On March 12013 Mr Murphy was promoted to Citigroups Head of Prime Finance and Futures for the Americas wherein he re-Iocated to New YorkS and

B On January 12014 Mr Murphy was promoted to Citigroups Global Head of Prime Finance

7 Citibank Tower Citibank Plaza 3 Garden Road Central Hong Kong

8388 Greenwich Street New York New York 10013

12

B NOVEMBER 2011 - DECEMBER 312013 THE CLAIMANTS COMPENSATION FROM CITIGROUP

l3 Mr Murphys annual compensation from Citigroup during the period November 2011 shy

December 31 2013 was as follows

Year Base Salary Incentive Compensation Total

2011 $40000000 $185000000 $225000000 (annualizedt

2012 $40000000 $16000000010 $200000000 11

2013 $40000000 $20000000012 $24000000013

9 In addition to his annualized total compensation of $225000000 for Calendar Year 2011 Mr Murphy received a housing allowance of $19400000

10 Mr Murphy was awarded roughly $160000000 in Incentive Compensation for Calendar Year 2012 The term roughly is utilized because Mr Murphy does not have his Compensation Statement for said year

11 In addition to his total compensation of roughly $200000000 for Calendar Year 2012 Mr Murphy received a housing allowance of $19400000

12 Mr Murphy was awarded $200000000 in Incentive Compensation for Calendar Year 2013 however twenty percent (20) thereof or $40000000 was illegally cancelled confiscated and converted upon Mr Murphys Wrongful Termination

13 Mr Murphy did not receive a housing allowance for Calendar Year 2013 as a result of his re-Iocation to New York concomitant with his promotion to Citigroups Head of Prime Finance and Futures for the Americas

13

B NOVEMBER 2011 - DECEMBER 312013 THE CLAIMANTS COMPENSATION FROM CITIGROUP

l3 Mr Murphys annual compensation from Citigroup during the period November 2011 shy

December 31 2013 was as follows

Year Base Salary Incentive Compensation Total

2011 $40000000 $185000000 $225000000 (annualizedt

2012 $40000000 $16000000010 $200000000 11

2013 $40000000 $20000000012 $24000000013

9 In addition to his annualized total compensation of $225000000 for Calendar Year 2011 Mr Murphy received a housing allowance of $19400000

10 Mr Murphy was awarded roughly $160000000 in Incentive Compensation for Calendar Year 2012 The term roughly is utilized because Mr Murphy does not have his Compensation Statement for said year

11 In addition to his total compensation of roughly $200000000 for Calendar Year 2012 Mr Murphy received a housing allowance of $19400000

12 Mr Murphy was awarded $200000000 in Incentive Compensation for Calendar Year 2013 however twenty percent (20) thereof or $40000000 was illegally cancelled confiscated and converted upon Mr Murphys Wrongful Termination

13 Mr Murphy did not receive a housing allowance for Calendar Year 2013 as a result of his re-Iocation to New York concomitant with his promotion to Citigroups Head of Prime Finance and Futures for the Americas

13

C 2014

14 In Calendar Year 2014 Mr Murphy a) a Managing Director and b) Citigroups

Global Head ofPrime Finance respectively - reported directly to

A Okan Pekin (hereinafter Pekin) - a Managing Director and the Global Head of Investor Services respectively at Citigroup (based in London)14 and

B Suni Pedersen Harford (CRD 1879134) (hereinafter Harford)15 - a Managing Director and Citigroups Regional Head of Markets for North America respectively (based in New York)16

14 Citigroup combined its Prime Finance Futures and OTC Clearing Global Custody Global Fund Services and Agency Securities Lending businesses into one (1) entity This new combined division - called Global Investor Services - is headed by Pekin

15 According to Harfords publicly-available FINRA CRD Report she has been - employed by Citigroup from September 1998 until the present and she has been reampistered j

with Citigroup from September 1 1998 until the present

16 In her capacity as Citigroups Regional Head of Markets for North America Harford oversees the North American sales trading and origination businesses of Citigroups securities and banking franchise She is also a Member of Citigroups Pension Plan Investment Committee and a Director on the Board of Citibank Canada respectively Harford originally joined Salomon Brothers a Citigroup predecessor - in 1993 In Calendar Year 2013 prior to his promotion to Citigroups Global Head of Prime Finance Mr Murphy reported to a) Harford and b) Nicholas Roe (hereinafter Roe) based in London who was i) a Managing Director and ii) Citigroups Global Head of Prime Finance Futures and Listed Derivatives respectively Roe was Citigroups Global Head of Prime Finance Futures and Listed Derivatives from in or about 2008 until in or about late 2013 at which time he became Head ofInvestor Services EMEA Roe left Citigroup in or about the Summer of 2014

14

In tum Pekin and Harford reported to Francisco Paco Femandez-De-Ybarra (CRD 2864883)

(hereinafter Ybarra) 17 - a Managing Director and Citigroups Global Head of Markets and

Securities Services respectively (based in London)ls Ybarra reported to James Anthony Forese

(CRD 1406421) (hereinafter Forese)19 a Managing Director and Citigroups Co-President

and Chief Executive Officer of the Institutional Clients Group respectively (based in New

York)20 In tum Forese reported to Michael Louis Corbat (CRD 1176747) (hereinafter

Corbat)21 a Managing Director and Citigroups Chief Executive Officer respectively (based

in New York)22

17 According to Ybarras publicly-available FINRA CRD Report he has been employed by Citigroup from January 2002 until the present and he has been re~istered with Citigroup from December 181998 until the present

18 Ybarra is a Member of Citigroups Operating Committee and he was the Chairman of the Institutional Clients Groups Risk Management Committee respectively He originally joined the Company in 1987 in Spain

19 According to Foreses publicly-available FINRA CRD Report he has been employed by Citigroup from May 1999 until the present and he has been re~istered with Citigroup from December 11 1997 until the present

20 The Institutional Clients Group encompasses the Markets and Securities Services business the Treasury and Trade Solutions business Corporate and Investment Banking and the Citigroup Private Bank respectively Forese is a Member ofCitigroups Operating Committee He originally joined Salomon Brothers - a Citigroup predecessor in 1985

21 According to Corbats publicly-available FINRA CRD Report he has been employed by Citigroup from November 1997 until the present and he has been re~istered with Citigroup from November 281997 until the present

22 Corbat originally joined Salomon Brothers a Citigroup predecessor - in 1983 Corbat is a Member of Citigroups Operating Committee and its Board of Directors respectively

15

15 In Calendar Year 2014 roughly two hundred (200) - three hundred (300) individuals

reported to Mr Murphy which included amongst others the following individuals

A John Cullen Nicholson (CRD 1305888) (hereinafter Nicholson)23 shyManaging Director Global Head of Securities Lending and Global Head of Financing at Citigroup respectively

B Joseph Chang (hereinafter Chang) Managing Director and Asian Head of Prime Finance at Citigroup respectively

C Anthony Francis LaPorta (CRD 1406421) (hereinafter LaPorta)24 Managing Director and Global Head of Risk for Prime Finance and Futures at Citigroup respectively

D John Dewey (hereinafter Dewey) - Managing Director and Global Head of Business Management for Prime Finance at Citigroup respectively

E Richard North (hereinafter North) - Managing Director and EMEA Head of Securities Loan and Financing at Citigroup respectively

F David Martocci (hereinafter Martocci) - Managing Director and Global Head of Agency Lending at Citigroup respectively

G Sanjay Madgavkar (CRD 1406421) (hereinafter Madgavkar)25 - Managing Director and Global Head of Foreign Exchange Prime Brokerage at Citigroup respectively and

23 According to Nicholsons publicly-available FINRA CRD Report he has been employed by Citigroup from June 2010 until the present and he has been relistered with Citigroup from June 29 2010 until the present

24 According to LaPortas publicly-available FINRA CRD Report he has been employed by Citigroup from September 2008 until the present and he has been reampistered with Citigroup from October 92012 until the present

25 According to Madgavkars publicly-available FINRA CRD Report he has been employed by Citigroup from May 2001 until the present and he has been relistered with Citigroup from December 10 2004 until the present

16

H Michael Clement Bitton (eRD 4550898) (hereinafter Bitton)26 - Managing Director and Global Head of Delta One at Citigroup respectively

16 Mr Murphy had a stellar year in Calendar Year 2014 to wit

A As the Global Head of Prime Finance in Calendar Year 2014 Mr Murphy was responsible for in excess of $1 Billion of revenues27 for Citigroup and its Shareholders28 to wit

bull $380 million in Core PrimePrime Brokerage

bull $440 million in Delta One

bull $92 million in Agency Securities Lending and

bull $110 million in Foreign Exchange Prime Brokerage and

26 According to Bittons publicly-available FINRA CRD Report he has been employed by Citigroup from May 2012 until the present and he has been reampistered with Citigroup from July 26 2012 until the present

27 The Net PampL for Core PrimePrime Brokerage Delta One and Agency Securities Lending was roughly $352 million - exclusive of the Foreign Exchange Prime Brokerage business - given that the expenses within Core PrimePrime Brokerage Delta One and Agency Securities Lending were running at around $560 million thus roughly $912 million in revenues (Core PrimePrime Brokerage $380 million + Delta One $440 million + Agency Securities Lending $92 million $912 million) minus roughly $560 million in expenses in Core PrimelPrime Brokerage Delta One and Agency Securities Lending exclusive of the Foreign Exchange Prime Brokerage business which had $110 million in revenues but also expenses Hence the Net PampL for Core PrimePrime Brokerage Delta One Agency Securities Lending and Foreign Exchange Prime Brokerage was roughly $462 million ($352 million Net PampL for Core PrimePrime Brokerage Delta One and Agency Securities Lending + $110 million revenues for the Foreign Exchange Prime Brokerage business) minus the to-be-determined expenses for the Foreign Exchange Prime Brokerage business

28 Annualized given that Mr Murphys Wrongful Termination occurred after roughly seventy-five percent (75) of the year was complete

17

B The revenues for Prime Finance in Calendar Year 2014 of which Mr Murphy was the Global Head increased by roughly 15) from Calendar Year 2013

D AZEEM

17 As noted above according to her publicly-available FINRA CRD Report Azeem

became

A Employed by Citigroup in June 2013 and

B Refistered with Citigroup on AUfust 5 2013

Azeem initially joined Citigroup in SalesFutures Azeems initial rotational team was run by

Matthew Joel Wiffen (CRD 5837918) (hereinafter Wiffen)29 a Director and the Global

Head of Origination Futures and OTC Clearing at Citigroup respectively who in tum reported

to Paul Gerard Muoio (CRD 1622931) (hereinafter MuoioYo a Managing Director and the

former Regional Head of Futures for North America at Citigroup respectively Muoio had a

direct reporting line to Mr Murphy however he also reported to Jerome Kemp (hereinafter

Kemp) a Managing Director and the Global Head ofFutures and OTC Clearing at Citigroup

respectively In reality Citigroups Futures team operated quite separately to wit when Kemp

29 According to Wiffens publicly-available FINRA CRD Report he has been employed by Citigroup from February 2002 until the present and he has been refistered with Citigroup from September 14 2010 until the present

30 According to Muoios publicly-available FThTRA CRD Report he is presently employed by Citigroup which is erroneous and he was refistered with Citigroup from October 1989 until June 2014

18

ultimately removed Muoio from his position he did so without apprising Mr Murphy Upon the

formation ofInvestor Services wherein as noted above Citigroup combined its Prime Finance

Futures and OTC Clearing Global Custody Global Fund Services and Agency Securities

Lending businesses into one (1) entity - of which Pekin was the Global Head - Pekin created a

Generalist Sales team reporting to Alan Pace (CRD 4502143) (hereinafter Pace)3 a

Managing Director and the Global Head ofInvestor Services Sales at Citigroup respectively

Accordingly concomitant with the creation thereof Wiffen Azeem etc no longer reported in a

direct line to Mr Murphy

18 Azeems second rotation was in Securities Lending wherein she was on the International

team To this end Azeems direct linear Supervisor reported to Jon Ottomanelli (CRD

2186753) (hereinafterOttomanelli)32 a Managing Director and the former Americas Head of

Securities Lending at Citigroup respectively who in tum reported to Nicholson a Managing

Director the Global Head of Securities Lending and the Global Head of Financing at Citigroup

respectively As noted above Nicholson reported to Mr Murphy

31 According to Paces publicly-available FINRA CRD Report he has been employed by Citigroup from April 2008 until the present and he has been registered with Citigroup from June 25 2008 until the present

32According to Ottomanellis publicly-available FINRA CRD Report he is presently employed by Citigroup which is erroneous and he was registered with Citigroup from April 1995 until July 2015

19

i THE CLAIMANT AND AZEEM DEVELOP A STRICTLY PLATONIC NONshySEXUAL EXTREMELY CLOSE FRIENDSHIP

19 Over time Mr Murphy and Azeem developed a strictly platonic non-sexual extremely

close friendship that entailed inter alia

a Several dinners

b Several meetings for drinks

c Starbucks visits

d Walks to the Path Station and conversations while at the Path Station respectively

e The provision of extraordinarily inexpensive gifts

f The mutual exchange of text messages and

g The mutual sharing of both intimate and banal details of their respective lives

The relationship while an extremely close one was never sexual nor did Mr Murphy ever

make any overtures towards the formation of a sexual relationship Nor was Mr Murphy ever

desirous of a sexual relationship with Azeem rather he greatly enjoyed her company and she his

and this was simply and exclusively a matter of two (2) adult professionals who despite a large

age gap a) developed strong feelings for one another b) had a significant amount in common

and c) enjoyed spending time with one another Plain and simple In fact a review of the text

messages exchanged between the two reveals no evidence of sexual banter or any type of an

inappropriate relationship rather the multitude of text messages exchanged between the two

reveals primarily fatuous inane and frivolous chatter and banter between two (2) adults - each

20

of whom was in a committed relationship Whereas the strong and close feelings of friendship

harbored between the two were at infrequent times discussed via text messages so too

primarily were mundane benign and non-salacious topics such as inter alia

bull Dessert

bull Ice cream

bull Frozen yogurt

bull Pie (apple lemon meringue)

bull Toffee pudding

bull Bread pudding

bull Brownies

bull Chocolate mousse

bull Cookies

bull Muffins

bull Cereal (Fruit Loops Cheerios Lucky Charms)

bull Peanut butter

bull Jam

bull Donuts

bull Butter

bull Margarine

bull Pizza

bull Pasta

bull Thai noodles

21

bull Chili

bull Bacon

bull Salad

bull Curry

bull Rice

bull Chicken

bull Beef

bull Lobster

bull Bagels

bull Celery

bull Guacamole

bull Eggs

bull Coffee

bull Tea

bull Hot chocolate

bull Milkshakes

bull Milk

bull Over-eating

bull Books

bull Magazines

bull Newspapers

bull Theater

22

1 i ~

~ I

bull Sports

bull Travel

bull Apartment searches

bull Furniture

bull Restaurants

bull Weight

bull Exhaustion

bull Exercise

bull Cooking

bull Dancing

bull The subway

bull Justin Bieber

bull Kanye West

bull Kim Kardashian

bull Marlon Brando

bull Robert Duval

bull Benicio Del Toro

bull Willem Dafoe

bull Gary Busey

bull Sean Connery

bull Martin Sheen

bull Robin Thicke

23

bull Pharrell Williams

bull Dentistry

bull Weather

bull Television

bull An employment opportunity for Azeem at Ralph Lauren

bull Uber and

bull NYC neighborhoods

A review of the text messages exchanged between Mr Murphy and Azeem does not reflect the

existence of a torrid affair or any other type of an affair for that matter (there was no

affair) rather a review of the text messages exchanged between Mr Murphy and Azeem

reveals close friends who inter alia liked food liked to talk about food and liked to discuss

amongst other things the panoply of other run-of-the mill and manifold topics referenced above

24

ii SEPTEMBER 192014 - THE CLAIMANT IS INTERROGATED ABOUT AZEEM BY CITIGROUPS HUMAN RESOURCES DEPARTMENT

20 On the morning of September 192014 Mr Murphy was interrogated by Henriquez - a

Human Resources Specialist at Citigroup - concerning his relationship with Azeem33 The

interrogation (hereinafter the Interrogation) took place in Sara Zobels (hereinafter Zobel)

office Zobel is a Managing Director and a Human Resources Specialist respectively at

Citigroup Zobel was not present for the Interrogation Nor was anyone else with the exception

of Mr Murphy and Henriquez

21 The Interrogation was prompted by a baseless frivolous and slanderous complaint that

Azeem had levied maliciously following drinks that Mr Murphy and Azeem had had on or

about September 5 2014 at Jimmy at the James Hotel in Soho (hereinafter the Jimmys

Drinks) At the Jimmys Drinks Azeem drank alcohol but Mr Murphy did not as he has not

consumed alcohol since shortly after his daughters birth seven (7) years ago As Mr Murphy

and Azeem waited for the elevator upon arriving at the James Hotel Azeem indicated that she

could only meet briefly that evening as she needed to go furniture shopping with her fiance later

that evening however shortly after arriving at Jimmy Azeem texted her fiance to apprise him

that she would not be joining him for furniture shopping that evening - a fact of which she

33 Subsequent to this interrogation on September 19 2014 Mr Murphy had a few follow~up telephone conversations with Henriquez the following week - each of which was brief

25

In tum Pekin and Harford reported to Francisco Paco Femandez-De-Ybarra (CRD 2864883)

(hereinafter Ybarra) 17 - a Managing Director and Citigroups Global Head of Markets and

Securities Services respectively (based in London)ls Ybarra reported to James Anthony Forese

(CRD 1406421) (hereinafter Forese)19 a Managing Director and Citigroups Co-President

and Chief Executive Officer of the Institutional Clients Group respectively (based in New

York)20 In tum Forese reported to Michael Louis Corbat (CRD 1176747) (hereinafter

Corbat)21 a Managing Director and Citigroups Chief Executive Officer respectively (based

in New York)22

17 According to Ybarras publicly-available FINRA CRD Report he has been employed by Citigroup from January 2002 until the present and he has been re~istered with Citigroup from December 181998 until the present

18 Ybarra is a Member of Citigroups Operating Committee and he was the Chairman of the Institutional Clients Groups Risk Management Committee respectively He originally joined the Company in 1987 in Spain

19 According to Foreses publicly-available FINRA CRD Report he has been employed by Citigroup from May 1999 until the present and he has been re~istered with Citigroup from December 11 1997 until the present

20 The Institutional Clients Group encompasses the Markets and Securities Services business the Treasury and Trade Solutions business Corporate and Investment Banking and the Citigroup Private Bank respectively Forese is a Member ofCitigroups Operating Committee He originally joined Salomon Brothers - a Citigroup predecessor in 1985

21 According to Corbats publicly-available FINRA CRD Report he has been employed by Citigroup from November 1997 until the present and he has been re~istered with Citigroup from November 281997 until the present

22 Corbat originally joined Salomon Brothers a Citigroup predecessor - in 1983 Corbat is a Member of Citigroups Operating Committee and its Board of Directors respectively

15

15 In Calendar Year 2014 roughly two hundred (200) - three hundred (300) individuals

reported to Mr Murphy which included amongst others the following individuals

A John Cullen Nicholson (CRD 1305888) (hereinafter Nicholson)23 shyManaging Director Global Head of Securities Lending and Global Head of Financing at Citigroup respectively

B Joseph Chang (hereinafter Chang) Managing Director and Asian Head of Prime Finance at Citigroup respectively

C Anthony Francis LaPorta (CRD 1406421) (hereinafter LaPorta)24 Managing Director and Global Head of Risk for Prime Finance and Futures at Citigroup respectively

D John Dewey (hereinafter Dewey) - Managing Director and Global Head of Business Management for Prime Finance at Citigroup respectively

E Richard North (hereinafter North) - Managing Director and EMEA Head of Securities Loan and Financing at Citigroup respectively

F David Martocci (hereinafter Martocci) - Managing Director and Global Head of Agency Lending at Citigroup respectively

G Sanjay Madgavkar (CRD 1406421) (hereinafter Madgavkar)25 - Managing Director and Global Head of Foreign Exchange Prime Brokerage at Citigroup respectively and

23 According to Nicholsons publicly-available FINRA CRD Report he has been employed by Citigroup from June 2010 until the present and he has been relistered with Citigroup from June 29 2010 until the present

24 According to LaPortas publicly-available FINRA CRD Report he has been employed by Citigroup from September 2008 until the present and he has been reampistered with Citigroup from October 92012 until the present

25 According to Madgavkars publicly-available FINRA CRD Report he has been employed by Citigroup from May 2001 until the present and he has been relistered with Citigroup from December 10 2004 until the present

16

H Michael Clement Bitton (eRD 4550898) (hereinafter Bitton)26 - Managing Director and Global Head of Delta One at Citigroup respectively

16 Mr Murphy had a stellar year in Calendar Year 2014 to wit

A As the Global Head of Prime Finance in Calendar Year 2014 Mr Murphy was responsible for in excess of $1 Billion of revenues27 for Citigroup and its Shareholders28 to wit

bull $380 million in Core PrimePrime Brokerage

bull $440 million in Delta One

bull $92 million in Agency Securities Lending and

bull $110 million in Foreign Exchange Prime Brokerage and

26 According to Bittons publicly-available FINRA CRD Report he has been employed by Citigroup from May 2012 until the present and he has been reampistered with Citigroup from July 26 2012 until the present

27 The Net PampL for Core PrimePrime Brokerage Delta One and Agency Securities Lending was roughly $352 million - exclusive of the Foreign Exchange Prime Brokerage business - given that the expenses within Core PrimePrime Brokerage Delta One and Agency Securities Lending were running at around $560 million thus roughly $912 million in revenues (Core PrimePrime Brokerage $380 million + Delta One $440 million + Agency Securities Lending $92 million $912 million) minus roughly $560 million in expenses in Core PrimelPrime Brokerage Delta One and Agency Securities Lending exclusive of the Foreign Exchange Prime Brokerage business which had $110 million in revenues but also expenses Hence the Net PampL for Core PrimePrime Brokerage Delta One Agency Securities Lending and Foreign Exchange Prime Brokerage was roughly $462 million ($352 million Net PampL for Core PrimePrime Brokerage Delta One and Agency Securities Lending + $110 million revenues for the Foreign Exchange Prime Brokerage business) minus the to-be-determined expenses for the Foreign Exchange Prime Brokerage business

28 Annualized given that Mr Murphys Wrongful Termination occurred after roughly seventy-five percent (75) of the year was complete

17

B The revenues for Prime Finance in Calendar Year 2014 of which Mr Murphy was the Global Head increased by roughly 15) from Calendar Year 2013

D AZEEM

17 As noted above according to her publicly-available FINRA CRD Report Azeem

became

A Employed by Citigroup in June 2013 and

B Refistered with Citigroup on AUfust 5 2013

Azeem initially joined Citigroup in SalesFutures Azeems initial rotational team was run by

Matthew Joel Wiffen (CRD 5837918) (hereinafter Wiffen)29 a Director and the Global

Head of Origination Futures and OTC Clearing at Citigroup respectively who in tum reported

to Paul Gerard Muoio (CRD 1622931) (hereinafter MuoioYo a Managing Director and the

former Regional Head of Futures for North America at Citigroup respectively Muoio had a

direct reporting line to Mr Murphy however he also reported to Jerome Kemp (hereinafter

Kemp) a Managing Director and the Global Head ofFutures and OTC Clearing at Citigroup

respectively In reality Citigroups Futures team operated quite separately to wit when Kemp

29 According to Wiffens publicly-available FINRA CRD Report he has been employed by Citigroup from February 2002 until the present and he has been refistered with Citigroup from September 14 2010 until the present

30 According to Muoios publicly-available FThTRA CRD Report he is presently employed by Citigroup which is erroneous and he was refistered with Citigroup from October 1989 until June 2014

18

ultimately removed Muoio from his position he did so without apprising Mr Murphy Upon the

formation ofInvestor Services wherein as noted above Citigroup combined its Prime Finance

Futures and OTC Clearing Global Custody Global Fund Services and Agency Securities

Lending businesses into one (1) entity - of which Pekin was the Global Head - Pekin created a

Generalist Sales team reporting to Alan Pace (CRD 4502143) (hereinafter Pace)3 a

Managing Director and the Global Head ofInvestor Services Sales at Citigroup respectively

Accordingly concomitant with the creation thereof Wiffen Azeem etc no longer reported in a

direct line to Mr Murphy

18 Azeems second rotation was in Securities Lending wherein she was on the International

team To this end Azeems direct linear Supervisor reported to Jon Ottomanelli (CRD

2186753) (hereinafterOttomanelli)32 a Managing Director and the former Americas Head of

Securities Lending at Citigroup respectively who in tum reported to Nicholson a Managing

Director the Global Head of Securities Lending and the Global Head of Financing at Citigroup

respectively As noted above Nicholson reported to Mr Murphy

31 According to Paces publicly-available FINRA CRD Report he has been employed by Citigroup from April 2008 until the present and he has been registered with Citigroup from June 25 2008 until the present

32According to Ottomanellis publicly-available FINRA CRD Report he is presently employed by Citigroup which is erroneous and he was registered with Citigroup from April 1995 until July 2015

19

i THE CLAIMANT AND AZEEM DEVELOP A STRICTLY PLATONIC NONshySEXUAL EXTREMELY CLOSE FRIENDSHIP

19 Over time Mr Murphy and Azeem developed a strictly platonic non-sexual extremely

close friendship that entailed inter alia

a Several dinners

b Several meetings for drinks

c Starbucks visits

d Walks to the Path Station and conversations while at the Path Station respectively

e The provision of extraordinarily inexpensive gifts

f The mutual exchange of text messages and

g The mutual sharing of both intimate and banal details of their respective lives

The relationship while an extremely close one was never sexual nor did Mr Murphy ever

make any overtures towards the formation of a sexual relationship Nor was Mr Murphy ever

desirous of a sexual relationship with Azeem rather he greatly enjoyed her company and she his

and this was simply and exclusively a matter of two (2) adult professionals who despite a large

age gap a) developed strong feelings for one another b) had a significant amount in common

and c) enjoyed spending time with one another Plain and simple In fact a review of the text

messages exchanged between the two reveals no evidence of sexual banter or any type of an

inappropriate relationship rather the multitude of text messages exchanged between the two

reveals primarily fatuous inane and frivolous chatter and banter between two (2) adults - each

20

of whom was in a committed relationship Whereas the strong and close feelings of friendship

harbored between the two were at infrequent times discussed via text messages so too

primarily were mundane benign and non-salacious topics such as inter alia

bull Dessert

bull Ice cream

bull Frozen yogurt

bull Pie (apple lemon meringue)

bull Toffee pudding

bull Bread pudding

bull Brownies

bull Chocolate mousse

bull Cookies

bull Muffins

bull Cereal (Fruit Loops Cheerios Lucky Charms)

bull Peanut butter

bull Jam

bull Donuts

bull Butter

bull Margarine

bull Pizza

bull Pasta

bull Thai noodles

21

bull Chili

bull Bacon

bull Salad

bull Curry

bull Rice

bull Chicken

bull Beef

bull Lobster

bull Bagels

bull Celery

bull Guacamole

bull Eggs

bull Coffee

bull Tea

bull Hot chocolate

bull Milkshakes

bull Milk

bull Over-eating

bull Books

bull Magazines

bull Newspapers

bull Theater

22

1 i ~

~ I

bull Sports

bull Travel

bull Apartment searches

bull Furniture

bull Restaurants

bull Weight

bull Exhaustion

bull Exercise

bull Cooking

bull Dancing

bull The subway

bull Justin Bieber

bull Kanye West

bull Kim Kardashian

bull Marlon Brando

bull Robert Duval

bull Benicio Del Toro

bull Willem Dafoe

bull Gary Busey

bull Sean Connery

bull Martin Sheen

bull Robin Thicke

23

bull Pharrell Williams

bull Dentistry

bull Weather

bull Television

bull An employment opportunity for Azeem at Ralph Lauren

bull Uber and

bull NYC neighborhoods

A review of the text messages exchanged between Mr Murphy and Azeem does not reflect the

existence of a torrid affair or any other type of an affair for that matter (there was no

affair) rather a review of the text messages exchanged between Mr Murphy and Azeem

reveals close friends who inter alia liked food liked to talk about food and liked to discuss

amongst other things the panoply of other run-of-the mill and manifold topics referenced above

24

ii SEPTEMBER 192014 - THE CLAIMANT IS INTERROGATED ABOUT AZEEM BY CITIGROUPS HUMAN RESOURCES DEPARTMENT

20 On the morning of September 192014 Mr Murphy was interrogated by Henriquez - a

Human Resources Specialist at Citigroup - concerning his relationship with Azeem33 The

interrogation (hereinafter the Interrogation) took place in Sara Zobels (hereinafter Zobel)

office Zobel is a Managing Director and a Human Resources Specialist respectively at

Citigroup Zobel was not present for the Interrogation Nor was anyone else with the exception

of Mr Murphy and Henriquez

21 The Interrogation was prompted by a baseless frivolous and slanderous complaint that

Azeem had levied maliciously following drinks that Mr Murphy and Azeem had had on or

about September 5 2014 at Jimmy at the James Hotel in Soho (hereinafter the Jimmys

Drinks) At the Jimmys Drinks Azeem drank alcohol but Mr Murphy did not as he has not

consumed alcohol since shortly after his daughters birth seven (7) years ago As Mr Murphy

and Azeem waited for the elevator upon arriving at the James Hotel Azeem indicated that she

could only meet briefly that evening as she needed to go furniture shopping with her fiance later

that evening however shortly after arriving at Jimmy Azeem texted her fiance to apprise him

that she would not be joining him for furniture shopping that evening - a fact of which she

33 Subsequent to this interrogation on September 19 2014 Mr Murphy had a few follow~up telephone conversations with Henriquez the following week - each of which was brief

25

15 In Calendar Year 2014 roughly two hundred (200) - three hundred (300) individuals

reported to Mr Murphy which included amongst others the following individuals

A John Cullen Nicholson (CRD 1305888) (hereinafter Nicholson)23 shyManaging Director Global Head of Securities Lending and Global Head of Financing at Citigroup respectively

B Joseph Chang (hereinafter Chang) Managing Director and Asian Head of Prime Finance at Citigroup respectively

C Anthony Francis LaPorta (CRD 1406421) (hereinafter LaPorta)24 Managing Director and Global Head of Risk for Prime Finance and Futures at Citigroup respectively

D John Dewey (hereinafter Dewey) - Managing Director and Global Head of Business Management for Prime Finance at Citigroup respectively

E Richard North (hereinafter North) - Managing Director and EMEA Head of Securities Loan and Financing at Citigroup respectively

F David Martocci (hereinafter Martocci) - Managing Director and Global Head of Agency Lending at Citigroup respectively

G Sanjay Madgavkar (CRD 1406421) (hereinafter Madgavkar)25 - Managing Director and Global Head of Foreign Exchange Prime Brokerage at Citigroup respectively and

23 According to Nicholsons publicly-available FINRA CRD Report he has been employed by Citigroup from June 2010 until the present and he has been relistered with Citigroup from June 29 2010 until the present

24 According to LaPortas publicly-available FINRA CRD Report he has been employed by Citigroup from September 2008 until the present and he has been reampistered with Citigroup from October 92012 until the present

25 According to Madgavkars publicly-available FINRA CRD Report he has been employed by Citigroup from May 2001 until the present and he has been relistered with Citigroup from December 10 2004 until the present

16

H Michael Clement Bitton (eRD 4550898) (hereinafter Bitton)26 - Managing Director and Global Head of Delta One at Citigroup respectively

16 Mr Murphy had a stellar year in Calendar Year 2014 to wit

A As the Global Head of Prime Finance in Calendar Year 2014 Mr Murphy was responsible for in excess of $1 Billion of revenues27 for Citigroup and its Shareholders28 to wit

bull $380 million in Core PrimePrime Brokerage

bull $440 million in Delta One

bull $92 million in Agency Securities Lending and

bull $110 million in Foreign Exchange Prime Brokerage and

26 According to Bittons publicly-available FINRA CRD Report he has been employed by Citigroup from May 2012 until the present and he has been reampistered with Citigroup from July 26 2012 until the present

27 The Net PampL for Core PrimePrime Brokerage Delta One and Agency Securities Lending was roughly $352 million - exclusive of the Foreign Exchange Prime Brokerage business - given that the expenses within Core PrimePrime Brokerage Delta One and Agency Securities Lending were running at around $560 million thus roughly $912 million in revenues (Core PrimePrime Brokerage $380 million + Delta One $440 million + Agency Securities Lending $92 million $912 million) minus roughly $560 million in expenses in Core PrimelPrime Brokerage Delta One and Agency Securities Lending exclusive of the Foreign Exchange Prime Brokerage business which had $110 million in revenues but also expenses Hence the Net PampL for Core PrimePrime Brokerage Delta One Agency Securities Lending and Foreign Exchange Prime Brokerage was roughly $462 million ($352 million Net PampL for Core PrimePrime Brokerage Delta One and Agency Securities Lending + $110 million revenues for the Foreign Exchange Prime Brokerage business) minus the to-be-determined expenses for the Foreign Exchange Prime Brokerage business

28 Annualized given that Mr Murphys Wrongful Termination occurred after roughly seventy-five percent (75) of the year was complete

17

B The revenues for Prime Finance in Calendar Year 2014 of which Mr Murphy was the Global Head increased by roughly 15) from Calendar Year 2013

D AZEEM

17 As noted above according to her publicly-available FINRA CRD Report Azeem

became

A Employed by Citigroup in June 2013 and

B Refistered with Citigroup on AUfust 5 2013

Azeem initially joined Citigroup in SalesFutures Azeems initial rotational team was run by

Matthew Joel Wiffen (CRD 5837918) (hereinafter Wiffen)29 a Director and the Global

Head of Origination Futures and OTC Clearing at Citigroup respectively who in tum reported

to Paul Gerard Muoio (CRD 1622931) (hereinafter MuoioYo a Managing Director and the

former Regional Head of Futures for North America at Citigroup respectively Muoio had a

direct reporting line to Mr Murphy however he also reported to Jerome Kemp (hereinafter

Kemp) a Managing Director and the Global Head ofFutures and OTC Clearing at Citigroup

respectively In reality Citigroups Futures team operated quite separately to wit when Kemp

29 According to Wiffens publicly-available FINRA CRD Report he has been employed by Citigroup from February 2002 until the present and he has been refistered with Citigroup from September 14 2010 until the present

30 According to Muoios publicly-available FThTRA CRD Report he is presently employed by Citigroup which is erroneous and he was refistered with Citigroup from October 1989 until June 2014

18

ultimately removed Muoio from his position he did so without apprising Mr Murphy Upon the

formation ofInvestor Services wherein as noted above Citigroup combined its Prime Finance

Futures and OTC Clearing Global Custody Global Fund Services and Agency Securities

Lending businesses into one (1) entity - of which Pekin was the Global Head - Pekin created a

Generalist Sales team reporting to Alan Pace (CRD 4502143) (hereinafter Pace)3 a

Managing Director and the Global Head ofInvestor Services Sales at Citigroup respectively

Accordingly concomitant with the creation thereof Wiffen Azeem etc no longer reported in a

direct line to Mr Murphy

18 Azeems second rotation was in Securities Lending wherein she was on the International

team To this end Azeems direct linear Supervisor reported to Jon Ottomanelli (CRD

2186753) (hereinafterOttomanelli)32 a Managing Director and the former Americas Head of

Securities Lending at Citigroup respectively who in tum reported to Nicholson a Managing

Director the Global Head of Securities Lending and the Global Head of Financing at Citigroup

respectively As noted above Nicholson reported to Mr Murphy

31 According to Paces publicly-available FINRA CRD Report he has been employed by Citigroup from April 2008 until the present and he has been registered with Citigroup from June 25 2008 until the present

32According to Ottomanellis publicly-available FINRA CRD Report he is presently employed by Citigroup which is erroneous and he was registered with Citigroup from April 1995 until July 2015

19

i THE CLAIMANT AND AZEEM DEVELOP A STRICTLY PLATONIC NONshySEXUAL EXTREMELY CLOSE FRIENDSHIP

19 Over time Mr Murphy and Azeem developed a strictly platonic non-sexual extremely

close friendship that entailed inter alia

a Several dinners

b Several meetings for drinks

c Starbucks visits

d Walks to the Path Station and conversations while at the Path Station respectively

e The provision of extraordinarily inexpensive gifts

f The mutual exchange of text messages and

g The mutual sharing of both intimate and banal details of their respective lives

The relationship while an extremely close one was never sexual nor did Mr Murphy ever

make any overtures towards the formation of a sexual relationship Nor was Mr Murphy ever

desirous of a sexual relationship with Azeem rather he greatly enjoyed her company and she his

and this was simply and exclusively a matter of two (2) adult professionals who despite a large

age gap a) developed strong feelings for one another b) had a significant amount in common

and c) enjoyed spending time with one another Plain and simple In fact a review of the text

messages exchanged between the two reveals no evidence of sexual banter or any type of an

inappropriate relationship rather the multitude of text messages exchanged between the two

reveals primarily fatuous inane and frivolous chatter and banter between two (2) adults - each

20

of whom was in a committed relationship Whereas the strong and close feelings of friendship

harbored between the two were at infrequent times discussed via text messages so too

primarily were mundane benign and non-salacious topics such as inter alia

bull Dessert

bull Ice cream

bull Frozen yogurt

bull Pie (apple lemon meringue)

bull Toffee pudding

bull Bread pudding

bull Brownies

bull Chocolate mousse

bull Cookies

bull Muffins

bull Cereal (Fruit Loops Cheerios Lucky Charms)

bull Peanut butter

bull Jam

bull Donuts

bull Butter

bull Margarine

bull Pizza

bull Pasta

bull Thai noodles

21

bull Chili

bull Bacon

bull Salad

bull Curry

bull Rice

bull Chicken

bull Beef

bull Lobster

bull Bagels

bull Celery

bull Guacamole

bull Eggs

bull Coffee

bull Tea

bull Hot chocolate

bull Milkshakes

bull Milk

bull Over-eating

bull Books

bull Magazines

bull Newspapers

bull Theater

22

1 i ~

~ I

bull Sports

bull Travel

bull Apartment searches

bull Furniture

bull Restaurants

bull Weight

bull Exhaustion

bull Exercise

bull Cooking

bull Dancing

bull The subway

bull Justin Bieber

bull Kanye West

bull Kim Kardashian

bull Marlon Brando

bull Robert Duval

bull Benicio Del Toro

bull Willem Dafoe

bull Gary Busey

bull Sean Connery

bull Martin Sheen

bull Robin Thicke

23

bull Pharrell Williams

bull Dentistry

bull Weather

bull Television

bull An employment opportunity for Azeem at Ralph Lauren

bull Uber and

bull NYC neighborhoods

A review of the text messages exchanged between Mr Murphy and Azeem does not reflect the

existence of a torrid affair or any other type of an affair for that matter (there was no

affair) rather a review of the text messages exchanged between Mr Murphy and Azeem

reveals close friends who inter alia liked food liked to talk about food and liked to discuss

amongst other things the panoply of other run-of-the mill and manifold topics referenced above

24

ii SEPTEMBER 192014 - THE CLAIMANT IS INTERROGATED ABOUT AZEEM BY CITIGROUPS HUMAN RESOURCES DEPARTMENT

20 On the morning of September 192014 Mr Murphy was interrogated by Henriquez - a

Human Resources Specialist at Citigroup - concerning his relationship with Azeem33 The

interrogation (hereinafter the Interrogation) took place in Sara Zobels (hereinafter Zobel)

office Zobel is a Managing Director and a Human Resources Specialist respectively at

Citigroup Zobel was not present for the Interrogation Nor was anyone else with the exception

of Mr Murphy and Henriquez

21 The Interrogation was prompted by a baseless frivolous and slanderous complaint that

Azeem had levied maliciously following drinks that Mr Murphy and Azeem had had on or

about September 5 2014 at Jimmy at the James Hotel in Soho (hereinafter the Jimmys

Drinks) At the Jimmys Drinks Azeem drank alcohol but Mr Murphy did not as he has not

consumed alcohol since shortly after his daughters birth seven (7) years ago As Mr Murphy

and Azeem waited for the elevator upon arriving at the James Hotel Azeem indicated that she

could only meet briefly that evening as she needed to go furniture shopping with her fiance later

that evening however shortly after arriving at Jimmy Azeem texted her fiance to apprise him

that she would not be joining him for furniture shopping that evening - a fact of which she

33 Subsequent to this interrogation on September 19 2014 Mr Murphy had a few follow~up telephone conversations with Henriquez the following week - each of which was brief

25

H Michael Clement Bitton (eRD 4550898) (hereinafter Bitton)26 - Managing Director and Global Head of Delta One at Citigroup respectively

16 Mr Murphy had a stellar year in Calendar Year 2014 to wit

A As the Global Head of Prime Finance in Calendar Year 2014 Mr Murphy was responsible for in excess of $1 Billion of revenues27 for Citigroup and its Shareholders28 to wit

bull $380 million in Core PrimePrime Brokerage

bull $440 million in Delta One

bull $92 million in Agency Securities Lending and

bull $110 million in Foreign Exchange Prime Brokerage and

26 According to Bittons publicly-available FINRA CRD Report he has been employed by Citigroup from May 2012 until the present and he has been reampistered with Citigroup from July 26 2012 until the present

27 The Net PampL for Core PrimePrime Brokerage Delta One and Agency Securities Lending was roughly $352 million - exclusive of the Foreign Exchange Prime Brokerage business - given that the expenses within Core PrimePrime Brokerage Delta One and Agency Securities Lending were running at around $560 million thus roughly $912 million in revenues (Core PrimePrime Brokerage $380 million + Delta One $440 million + Agency Securities Lending $92 million $912 million) minus roughly $560 million in expenses in Core PrimelPrime Brokerage Delta One and Agency Securities Lending exclusive of the Foreign Exchange Prime Brokerage business which had $110 million in revenues but also expenses Hence the Net PampL for Core PrimePrime Brokerage Delta One Agency Securities Lending and Foreign Exchange Prime Brokerage was roughly $462 million ($352 million Net PampL for Core PrimePrime Brokerage Delta One and Agency Securities Lending + $110 million revenues for the Foreign Exchange Prime Brokerage business) minus the to-be-determined expenses for the Foreign Exchange Prime Brokerage business

28 Annualized given that Mr Murphys Wrongful Termination occurred after roughly seventy-five percent (75) of the year was complete

17

B The revenues for Prime Finance in Calendar Year 2014 of which Mr Murphy was the Global Head increased by roughly 15) from Calendar Year 2013

D AZEEM

17 As noted above according to her publicly-available FINRA CRD Report Azeem

became

A Employed by Citigroup in June 2013 and

B Refistered with Citigroup on AUfust 5 2013

Azeem initially joined Citigroup in SalesFutures Azeems initial rotational team was run by

Matthew Joel Wiffen (CRD 5837918) (hereinafter Wiffen)29 a Director and the Global

Head of Origination Futures and OTC Clearing at Citigroup respectively who in tum reported

to Paul Gerard Muoio (CRD 1622931) (hereinafter MuoioYo a Managing Director and the

former Regional Head of Futures for North America at Citigroup respectively Muoio had a

direct reporting line to Mr Murphy however he also reported to Jerome Kemp (hereinafter

Kemp) a Managing Director and the Global Head ofFutures and OTC Clearing at Citigroup

respectively In reality Citigroups Futures team operated quite separately to wit when Kemp

29 According to Wiffens publicly-available FINRA CRD Report he has been employed by Citigroup from February 2002 until the present and he has been refistered with Citigroup from September 14 2010 until the present

30 According to Muoios publicly-available FThTRA CRD Report he is presently employed by Citigroup which is erroneous and he was refistered with Citigroup from October 1989 until June 2014

18

ultimately removed Muoio from his position he did so without apprising Mr Murphy Upon the

formation ofInvestor Services wherein as noted above Citigroup combined its Prime Finance

Futures and OTC Clearing Global Custody Global Fund Services and Agency Securities

Lending businesses into one (1) entity - of which Pekin was the Global Head - Pekin created a

Generalist Sales team reporting to Alan Pace (CRD 4502143) (hereinafter Pace)3 a

Managing Director and the Global Head ofInvestor Services Sales at Citigroup respectively

Accordingly concomitant with the creation thereof Wiffen Azeem etc no longer reported in a

direct line to Mr Murphy

18 Azeems second rotation was in Securities Lending wherein she was on the International

team To this end Azeems direct linear Supervisor reported to Jon Ottomanelli (CRD

2186753) (hereinafterOttomanelli)32 a Managing Director and the former Americas Head of

Securities Lending at Citigroup respectively who in tum reported to Nicholson a Managing

Director the Global Head of Securities Lending and the Global Head of Financing at Citigroup

respectively As noted above Nicholson reported to Mr Murphy

31 According to Paces publicly-available FINRA CRD Report he has been employed by Citigroup from April 2008 until the present and he has been registered with Citigroup from June 25 2008 until the present

32According to Ottomanellis publicly-available FINRA CRD Report he is presently employed by Citigroup which is erroneous and he was registered with Citigroup from April 1995 until July 2015

19

i THE CLAIMANT AND AZEEM DEVELOP A STRICTLY PLATONIC NONshySEXUAL EXTREMELY CLOSE FRIENDSHIP

19 Over time Mr Murphy and Azeem developed a strictly platonic non-sexual extremely

close friendship that entailed inter alia

a Several dinners

b Several meetings for drinks

c Starbucks visits

d Walks to the Path Station and conversations while at the Path Station respectively

e The provision of extraordinarily inexpensive gifts

f The mutual exchange of text messages and

g The mutual sharing of both intimate and banal details of their respective lives

The relationship while an extremely close one was never sexual nor did Mr Murphy ever

make any overtures towards the formation of a sexual relationship Nor was Mr Murphy ever

desirous of a sexual relationship with Azeem rather he greatly enjoyed her company and she his

and this was simply and exclusively a matter of two (2) adult professionals who despite a large

age gap a) developed strong feelings for one another b) had a significant amount in common

and c) enjoyed spending time with one another Plain and simple In fact a review of the text

messages exchanged between the two reveals no evidence of sexual banter or any type of an

inappropriate relationship rather the multitude of text messages exchanged between the two

reveals primarily fatuous inane and frivolous chatter and banter between two (2) adults - each

20

of whom was in a committed relationship Whereas the strong and close feelings of friendship

harbored between the two were at infrequent times discussed via text messages so too

primarily were mundane benign and non-salacious topics such as inter alia

bull Dessert

bull Ice cream

bull Frozen yogurt

bull Pie (apple lemon meringue)

bull Toffee pudding

bull Bread pudding

bull Brownies

bull Chocolate mousse

bull Cookies

bull Muffins

bull Cereal (Fruit Loops Cheerios Lucky Charms)

bull Peanut butter

bull Jam

bull Donuts

bull Butter

bull Margarine

bull Pizza

bull Pasta

bull Thai noodles

21

bull Chili

bull Bacon

bull Salad

bull Curry

bull Rice

bull Chicken

bull Beef

bull Lobster

bull Bagels

bull Celery

bull Guacamole

bull Eggs

bull Coffee

bull Tea

bull Hot chocolate

bull Milkshakes

bull Milk

bull Over-eating

bull Books

bull Magazines

bull Newspapers

bull Theater

22

1 i ~

~ I

bull Sports

bull Travel

bull Apartment searches

bull Furniture

bull Restaurants

bull Weight

bull Exhaustion

bull Exercise

bull Cooking

bull Dancing

bull The subway

bull Justin Bieber

bull Kanye West

bull Kim Kardashian

bull Marlon Brando

bull Robert Duval

bull Benicio Del Toro

bull Willem Dafoe

bull Gary Busey

bull Sean Connery

bull Martin Sheen

bull Robin Thicke

23

bull Pharrell Williams

bull Dentistry

bull Weather

bull Television

bull An employment opportunity for Azeem at Ralph Lauren

bull Uber and

bull NYC neighborhoods

A review of the text messages exchanged between Mr Murphy and Azeem does not reflect the

existence of a torrid affair or any other type of an affair for that matter (there was no

affair) rather a review of the text messages exchanged between Mr Murphy and Azeem

reveals close friends who inter alia liked food liked to talk about food and liked to discuss

amongst other things the panoply of other run-of-the mill and manifold topics referenced above

24

ii SEPTEMBER 192014 - THE CLAIMANT IS INTERROGATED ABOUT AZEEM BY CITIGROUPS HUMAN RESOURCES DEPARTMENT

20 On the morning of September 192014 Mr Murphy was interrogated by Henriquez - a

Human Resources Specialist at Citigroup - concerning his relationship with Azeem33 The

interrogation (hereinafter the Interrogation) took place in Sara Zobels (hereinafter Zobel)

office Zobel is a Managing Director and a Human Resources Specialist respectively at

Citigroup Zobel was not present for the Interrogation Nor was anyone else with the exception

of Mr Murphy and Henriquez

21 The Interrogation was prompted by a baseless frivolous and slanderous complaint that

Azeem had levied maliciously following drinks that Mr Murphy and Azeem had had on or

about September 5 2014 at Jimmy at the James Hotel in Soho (hereinafter the Jimmys

Drinks) At the Jimmys Drinks Azeem drank alcohol but Mr Murphy did not as he has not

consumed alcohol since shortly after his daughters birth seven (7) years ago As Mr Murphy

and Azeem waited for the elevator upon arriving at the James Hotel Azeem indicated that she

could only meet briefly that evening as she needed to go furniture shopping with her fiance later

that evening however shortly after arriving at Jimmy Azeem texted her fiance to apprise him

that she would not be joining him for furniture shopping that evening - a fact of which she

33 Subsequent to this interrogation on September 19 2014 Mr Murphy had a few follow~up telephone conversations with Henriquez the following week - each of which was brief

25

B The revenues for Prime Finance in Calendar Year 2014 of which Mr Murphy was the Global Head increased by roughly 15) from Calendar Year 2013

D AZEEM

17 As noted above according to her publicly-available FINRA CRD Report Azeem

became

A Employed by Citigroup in June 2013 and

B Refistered with Citigroup on AUfust 5 2013

Azeem initially joined Citigroup in SalesFutures Azeems initial rotational team was run by

Matthew Joel Wiffen (CRD 5837918) (hereinafter Wiffen)29 a Director and the Global

Head of Origination Futures and OTC Clearing at Citigroup respectively who in tum reported

to Paul Gerard Muoio (CRD 1622931) (hereinafter MuoioYo a Managing Director and the

former Regional Head of Futures for North America at Citigroup respectively Muoio had a

direct reporting line to Mr Murphy however he also reported to Jerome Kemp (hereinafter

Kemp) a Managing Director and the Global Head ofFutures and OTC Clearing at Citigroup

respectively In reality Citigroups Futures team operated quite separately to wit when Kemp

29 According to Wiffens publicly-available FINRA CRD Report he has been employed by Citigroup from February 2002 until the present and he has been refistered with Citigroup from September 14 2010 until the present

30 According to Muoios publicly-available FThTRA CRD Report he is presently employed by Citigroup which is erroneous and he was refistered with Citigroup from October 1989 until June 2014

18

ultimately removed Muoio from his position he did so without apprising Mr Murphy Upon the

formation ofInvestor Services wherein as noted above Citigroup combined its Prime Finance

Futures and OTC Clearing Global Custody Global Fund Services and Agency Securities

Lending businesses into one (1) entity - of which Pekin was the Global Head - Pekin created a

Generalist Sales team reporting to Alan Pace (CRD 4502143) (hereinafter Pace)3 a

Managing Director and the Global Head ofInvestor Services Sales at Citigroup respectively

Accordingly concomitant with the creation thereof Wiffen Azeem etc no longer reported in a

direct line to Mr Murphy

18 Azeems second rotation was in Securities Lending wherein she was on the International

team To this end Azeems direct linear Supervisor reported to Jon Ottomanelli (CRD

2186753) (hereinafterOttomanelli)32 a Managing Director and the former Americas Head of

Securities Lending at Citigroup respectively who in tum reported to Nicholson a Managing

Director the Global Head of Securities Lending and the Global Head of Financing at Citigroup

respectively As noted above Nicholson reported to Mr Murphy

31 According to Paces publicly-available FINRA CRD Report he has been employed by Citigroup from April 2008 until the present and he has been registered with Citigroup from June 25 2008 until the present

32According to Ottomanellis publicly-available FINRA CRD Report he is presently employed by Citigroup which is erroneous and he was registered with Citigroup from April 1995 until July 2015

19

i THE CLAIMANT AND AZEEM DEVELOP A STRICTLY PLATONIC NONshySEXUAL EXTREMELY CLOSE FRIENDSHIP

19 Over time Mr Murphy and Azeem developed a strictly platonic non-sexual extremely

close friendship that entailed inter alia

a Several dinners

b Several meetings for drinks

c Starbucks visits

d Walks to the Path Station and conversations while at the Path Station respectively

e The provision of extraordinarily inexpensive gifts

f The mutual exchange of text messages and

g The mutual sharing of both intimate and banal details of their respective lives

The relationship while an extremely close one was never sexual nor did Mr Murphy ever

make any overtures towards the formation of a sexual relationship Nor was Mr Murphy ever

desirous of a sexual relationship with Azeem rather he greatly enjoyed her company and she his

and this was simply and exclusively a matter of two (2) adult professionals who despite a large

age gap a) developed strong feelings for one another b) had a significant amount in common

and c) enjoyed spending time with one another Plain and simple In fact a review of the text

messages exchanged between the two reveals no evidence of sexual banter or any type of an

inappropriate relationship rather the multitude of text messages exchanged between the two

reveals primarily fatuous inane and frivolous chatter and banter between two (2) adults - each

20

of whom was in a committed relationship Whereas the strong and close feelings of friendship

harbored between the two were at infrequent times discussed via text messages so too

primarily were mundane benign and non-salacious topics such as inter alia

bull Dessert

bull Ice cream

bull Frozen yogurt

bull Pie (apple lemon meringue)

bull Toffee pudding

bull Bread pudding

bull Brownies

bull Chocolate mousse

bull Cookies

bull Muffins

bull Cereal (Fruit Loops Cheerios Lucky Charms)

bull Peanut butter

bull Jam

bull Donuts

bull Butter

bull Margarine

bull Pizza

bull Pasta

bull Thai noodles

21

bull Chili

bull Bacon

bull Salad

bull Curry

bull Rice

bull Chicken

bull Beef

bull Lobster

bull Bagels

bull Celery

bull Guacamole

bull Eggs

bull Coffee

bull Tea

bull Hot chocolate

bull Milkshakes

bull Milk

bull Over-eating

bull Books

bull Magazines

bull Newspapers

bull Theater

22

1 i ~

~ I

bull Sports

bull Travel

bull Apartment searches

bull Furniture

bull Restaurants

bull Weight

bull Exhaustion

bull Exercise

bull Cooking

bull Dancing

bull The subway

bull Justin Bieber

bull Kanye West

bull Kim Kardashian

bull Marlon Brando

bull Robert Duval

bull Benicio Del Toro

bull Willem Dafoe

bull Gary Busey

bull Sean Connery

bull Martin Sheen

bull Robin Thicke

23

bull Pharrell Williams

bull Dentistry

bull Weather

bull Television

bull An employment opportunity for Azeem at Ralph Lauren

bull Uber and

bull NYC neighborhoods

A review of the text messages exchanged between Mr Murphy and Azeem does not reflect the

existence of a torrid affair or any other type of an affair for that matter (there was no

affair) rather a review of the text messages exchanged between Mr Murphy and Azeem

reveals close friends who inter alia liked food liked to talk about food and liked to discuss

amongst other things the panoply of other run-of-the mill and manifold topics referenced above

24

ii SEPTEMBER 192014 - THE CLAIMANT IS INTERROGATED ABOUT AZEEM BY CITIGROUPS HUMAN RESOURCES DEPARTMENT

20 On the morning of September 192014 Mr Murphy was interrogated by Henriquez - a

Human Resources Specialist at Citigroup - concerning his relationship with Azeem33 The

interrogation (hereinafter the Interrogation) took place in Sara Zobels (hereinafter Zobel)

office Zobel is a Managing Director and a Human Resources Specialist respectively at

Citigroup Zobel was not present for the Interrogation Nor was anyone else with the exception

of Mr Murphy and Henriquez

21 The Interrogation was prompted by a baseless frivolous and slanderous complaint that

Azeem had levied maliciously following drinks that Mr Murphy and Azeem had had on or

about September 5 2014 at Jimmy at the James Hotel in Soho (hereinafter the Jimmys

Drinks) At the Jimmys Drinks Azeem drank alcohol but Mr Murphy did not as he has not

consumed alcohol since shortly after his daughters birth seven (7) years ago As Mr Murphy

and Azeem waited for the elevator upon arriving at the James Hotel Azeem indicated that she

could only meet briefly that evening as she needed to go furniture shopping with her fiance later

that evening however shortly after arriving at Jimmy Azeem texted her fiance to apprise him

that she would not be joining him for furniture shopping that evening - a fact of which she

33 Subsequent to this interrogation on September 19 2014 Mr Murphy had a few follow~up telephone conversations with Henriquez the following week - each of which was brief

25

ultimately removed Muoio from his position he did so without apprising Mr Murphy Upon the

formation ofInvestor Services wherein as noted above Citigroup combined its Prime Finance

Futures and OTC Clearing Global Custody Global Fund Services and Agency Securities

Lending businesses into one (1) entity - of which Pekin was the Global Head - Pekin created a

Generalist Sales team reporting to Alan Pace (CRD 4502143) (hereinafter Pace)3 a

Managing Director and the Global Head ofInvestor Services Sales at Citigroup respectively

Accordingly concomitant with the creation thereof Wiffen Azeem etc no longer reported in a

direct line to Mr Murphy

18 Azeems second rotation was in Securities Lending wherein she was on the International

team To this end Azeems direct linear Supervisor reported to Jon Ottomanelli (CRD

2186753) (hereinafterOttomanelli)32 a Managing Director and the former Americas Head of

Securities Lending at Citigroup respectively who in tum reported to Nicholson a Managing

Director the Global Head of Securities Lending and the Global Head of Financing at Citigroup

respectively As noted above Nicholson reported to Mr Murphy

31 According to Paces publicly-available FINRA CRD Report he has been employed by Citigroup from April 2008 until the present and he has been registered with Citigroup from June 25 2008 until the present

32According to Ottomanellis publicly-available FINRA CRD Report he is presently employed by Citigroup which is erroneous and he was registered with Citigroup from April 1995 until July 2015

19

i THE CLAIMANT AND AZEEM DEVELOP A STRICTLY PLATONIC NONshySEXUAL EXTREMELY CLOSE FRIENDSHIP

19 Over time Mr Murphy and Azeem developed a strictly platonic non-sexual extremely

close friendship that entailed inter alia

a Several dinners

b Several meetings for drinks

c Starbucks visits

d Walks to the Path Station and conversations while at the Path Station respectively

e The provision of extraordinarily inexpensive gifts

f The mutual exchange of text messages and

g The mutual sharing of both intimate and banal details of their respective lives

The relationship while an extremely close one was never sexual nor did Mr Murphy ever

make any overtures towards the formation of a sexual relationship Nor was Mr Murphy ever

desirous of a sexual relationship with Azeem rather he greatly enjoyed her company and she his

and this was simply and exclusively a matter of two (2) adult professionals who despite a large

age gap a) developed strong feelings for one another b) had a significant amount in common

and c) enjoyed spending time with one another Plain and simple In fact a review of the text

messages exchanged between the two reveals no evidence of sexual banter or any type of an

inappropriate relationship rather the multitude of text messages exchanged between the two

reveals primarily fatuous inane and frivolous chatter and banter between two (2) adults - each

20

of whom was in a committed relationship Whereas the strong and close feelings of friendship

harbored between the two were at infrequent times discussed via text messages so too

primarily were mundane benign and non-salacious topics such as inter alia

bull Dessert

bull Ice cream

bull Frozen yogurt

bull Pie (apple lemon meringue)

bull Toffee pudding

bull Bread pudding

bull Brownies

bull Chocolate mousse

bull Cookies

bull Muffins

bull Cereal (Fruit Loops Cheerios Lucky Charms)

bull Peanut butter

bull Jam

bull Donuts

bull Butter

bull Margarine

bull Pizza

bull Pasta

bull Thai noodles

21

bull Chili

bull Bacon

bull Salad

bull Curry

bull Rice

bull Chicken

bull Beef

bull Lobster

bull Bagels

bull Celery

bull Guacamole

bull Eggs

bull Coffee

bull Tea

bull Hot chocolate

bull Milkshakes

bull Milk

bull Over-eating

bull Books

bull Magazines

bull Newspapers

bull Theater

22

1 i ~

~ I

bull Sports

bull Travel

bull Apartment searches

bull Furniture

bull Restaurants

bull Weight

bull Exhaustion

bull Exercise

bull Cooking

bull Dancing

bull The subway

bull Justin Bieber

bull Kanye West

bull Kim Kardashian

bull Marlon Brando

bull Robert Duval

bull Benicio Del Toro

bull Willem Dafoe

bull Gary Busey

bull Sean Connery

bull Martin Sheen

bull Robin Thicke

23

bull Pharrell Williams

bull Dentistry

bull Weather

bull Television

bull An employment opportunity for Azeem at Ralph Lauren

bull Uber and

bull NYC neighborhoods

A review of the text messages exchanged between Mr Murphy and Azeem does not reflect the

existence of a torrid affair or any other type of an affair for that matter (there was no

affair) rather a review of the text messages exchanged between Mr Murphy and Azeem

reveals close friends who inter alia liked food liked to talk about food and liked to discuss

amongst other things the panoply of other run-of-the mill and manifold topics referenced above

24

ii SEPTEMBER 192014 - THE CLAIMANT IS INTERROGATED ABOUT AZEEM BY CITIGROUPS HUMAN RESOURCES DEPARTMENT

20 On the morning of September 192014 Mr Murphy was interrogated by Henriquez - a

Human Resources Specialist at Citigroup - concerning his relationship with Azeem33 The

interrogation (hereinafter the Interrogation) took place in Sara Zobels (hereinafter Zobel)

office Zobel is a Managing Director and a Human Resources Specialist respectively at

Citigroup Zobel was not present for the Interrogation Nor was anyone else with the exception

of Mr Murphy and Henriquez

21 The Interrogation was prompted by a baseless frivolous and slanderous complaint that

Azeem had levied maliciously following drinks that Mr Murphy and Azeem had had on or

about September 5 2014 at Jimmy at the James Hotel in Soho (hereinafter the Jimmys

Drinks) At the Jimmys Drinks Azeem drank alcohol but Mr Murphy did not as he has not

consumed alcohol since shortly after his daughters birth seven (7) years ago As Mr Murphy

and Azeem waited for the elevator upon arriving at the James Hotel Azeem indicated that she

could only meet briefly that evening as she needed to go furniture shopping with her fiance later

that evening however shortly after arriving at Jimmy Azeem texted her fiance to apprise him

that she would not be joining him for furniture shopping that evening - a fact of which she

33 Subsequent to this interrogation on September 19 2014 Mr Murphy had a few follow~up telephone conversations with Henriquez the following week - each of which was brief

25

i THE CLAIMANT AND AZEEM DEVELOP A STRICTLY PLATONIC NONshySEXUAL EXTREMELY CLOSE FRIENDSHIP

19 Over time Mr Murphy and Azeem developed a strictly platonic non-sexual extremely

close friendship that entailed inter alia

a Several dinners

b Several meetings for drinks

c Starbucks visits

d Walks to the Path Station and conversations while at the Path Station respectively

e The provision of extraordinarily inexpensive gifts

f The mutual exchange of text messages and

g The mutual sharing of both intimate and banal details of their respective lives

The relationship while an extremely close one was never sexual nor did Mr Murphy ever

make any overtures towards the formation of a sexual relationship Nor was Mr Murphy ever

desirous of a sexual relationship with Azeem rather he greatly enjoyed her company and she his

and this was simply and exclusively a matter of two (2) adult professionals who despite a large

age gap a) developed strong feelings for one another b) had a significant amount in common

and c) enjoyed spending time with one another Plain and simple In fact a review of the text

messages exchanged between the two reveals no evidence of sexual banter or any type of an

inappropriate relationship rather the multitude of text messages exchanged between the two

reveals primarily fatuous inane and frivolous chatter and banter between two (2) adults - each

20

of whom was in a committed relationship Whereas the strong and close feelings of friendship

harbored between the two were at infrequent times discussed via text messages so too

primarily were mundane benign and non-salacious topics such as inter alia

bull Dessert

bull Ice cream

bull Frozen yogurt

bull Pie (apple lemon meringue)

bull Toffee pudding

bull Bread pudding

bull Brownies

bull Chocolate mousse

bull Cookies

bull Muffins

bull Cereal (Fruit Loops Cheerios Lucky Charms)

bull Peanut butter

bull Jam

bull Donuts

bull Butter

bull Margarine

bull Pizza

bull Pasta

bull Thai noodles

21

bull Chili

bull Bacon

bull Salad

bull Curry

bull Rice

bull Chicken

bull Beef

bull Lobster

bull Bagels

bull Celery

bull Guacamole

bull Eggs

bull Coffee

bull Tea

bull Hot chocolate

bull Milkshakes

bull Milk

bull Over-eating

bull Books

bull Magazines

bull Newspapers

bull Theater

22

1 i ~

~ I

bull Sports

bull Travel

bull Apartment searches

bull Furniture

bull Restaurants

bull Weight

bull Exhaustion

bull Exercise

bull Cooking

bull Dancing

bull The subway

bull Justin Bieber

bull Kanye West

bull Kim Kardashian

bull Marlon Brando

bull Robert Duval

bull Benicio Del Toro

bull Willem Dafoe

bull Gary Busey

bull Sean Connery

bull Martin Sheen

bull Robin Thicke

23

bull Pharrell Williams

bull Dentistry

bull Weather

bull Television

bull An employment opportunity for Azeem at Ralph Lauren

bull Uber and

bull NYC neighborhoods

A review of the text messages exchanged between Mr Murphy and Azeem does not reflect the

existence of a torrid affair or any other type of an affair for that matter (there was no

affair) rather a review of the text messages exchanged between Mr Murphy and Azeem

reveals close friends who inter alia liked food liked to talk about food and liked to discuss

amongst other things the panoply of other run-of-the mill and manifold topics referenced above

24

ii SEPTEMBER 192014 - THE CLAIMANT IS INTERROGATED ABOUT AZEEM BY CITIGROUPS HUMAN RESOURCES DEPARTMENT

20 On the morning of September 192014 Mr Murphy was interrogated by Henriquez - a

Human Resources Specialist at Citigroup - concerning his relationship with Azeem33 The

interrogation (hereinafter the Interrogation) took place in Sara Zobels (hereinafter Zobel)

office Zobel is a Managing Director and a Human Resources Specialist respectively at

Citigroup Zobel was not present for the Interrogation Nor was anyone else with the exception

of Mr Murphy and Henriquez

21 The Interrogation was prompted by a baseless frivolous and slanderous complaint that

Azeem had levied maliciously following drinks that Mr Murphy and Azeem had had on or

about September 5 2014 at Jimmy at the James Hotel in Soho (hereinafter the Jimmys

Drinks) At the Jimmys Drinks Azeem drank alcohol but Mr Murphy did not as he has not

consumed alcohol since shortly after his daughters birth seven (7) years ago As Mr Murphy

and Azeem waited for the elevator upon arriving at the James Hotel Azeem indicated that she

could only meet briefly that evening as she needed to go furniture shopping with her fiance later

that evening however shortly after arriving at Jimmy Azeem texted her fiance to apprise him

that she would not be joining him for furniture shopping that evening - a fact of which she

33 Subsequent to this interrogation on September 19 2014 Mr Murphy had a few follow~up telephone conversations with Henriquez the following week - each of which was brief

25

of whom was in a committed relationship Whereas the strong and close feelings of friendship

harbored between the two were at infrequent times discussed via text messages so too

primarily were mundane benign and non-salacious topics such as inter alia

bull Dessert

bull Ice cream

bull Frozen yogurt

bull Pie (apple lemon meringue)

bull Toffee pudding

bull Bread pudding

bull Brownies

bull Chocolate mousse

bull Cookies

bull Muffins

bull Cereal (Fruit Loops Cheerios Lucky Charms)

bull Peanut butter

bull Jam

bull Donuts

bull Butter

bull Margarine

bull Pizza

bull Pasta

bull Thai noodles

21

bull Chili

bull Bacon

bull Salad

bull Curry

bull Rice

bull Chicken

bull Beef

bull Lobster

bull Bagels

bull Celery

bull Guacamole

bull Eggs

bull Coffee

bull Tea

bull Hot chocolate

bull Milkshakes

bull Milk

bull Over-eating

bull Books

bull Magazines

bull Newspapers

bull Theater

22

1 i ~

~ I

bull Sports

bull Travel

bull Apartment searches

bull Furniture

bull Restaurants

bull Weight

bull Exhaustion

bull Exercise

bull Cooking

bull Dancing

bull The subway

bull Justin Bieber

bull Kanye West

bull Kim Kardashian

bull Marlon Brando

bull Robert Duval

bull Benicio Del Toro

bull Willem Dafoe

bull Gary Busey

bull Sean Connery

bull Martin Sheen

bull Robin Thicke

23

bull Pharrell Williams

bull Dentistry

bull Weather

bull Television

bull An employment opportunity for Azeem at Ralph Lauren

bull Uber and

bull NYC neighborhoods

A review of the text messages exchanged between Mr Murphy and Azeem does not reflect the

existence of a torrid affair or any other type of an affair for that matter (there was no

affair) rather a review of the text messages exchanged between Mr Murphy and Azeem

reveals close friends who inter alia liked food liked to talk about food and liked to discuss

amongst other things the panoply of other run-of-the mill and manifold topics referenced above

24

ii SEPTEMBER 192014 - THE CLAIMANT IS INTERROGATED ABOUT AZEEM BY CITIGROUPS HUMAN RESOURCES DEPARTMENT

20 On the morning of September 192014 Mr Murphy was interrogated by Henriquez - a

Human Resources Specialist at Citigroup - concerning his relationship with Azeem33 The

interrogation (hereinafter the Interrogation) took place in Sara Zobels (hereinafter Zobel)

office Zobel is a Managing Director and a Human Resources Specialist respectively at

Citigroup Zobel was not present for the Interrogation Nor was anyone else with the exception

of Mr Murphy and Henriquez

21 The Interrogation was prompted by a baseless frivolous and slanderous complaint that

Azeem had levied maliciously following drinks that Mr Murphy and Azeem had had on or

about September 5 2014 at Jimmy at the James Hotel in Soho (hereinafter the Jimmys

Drinks) At the Jimmys Drinks Azeem drank alcohol but Mr Murphy did not as he has not

consumed alcohol since shortly after his daughters birth seven (7) years ago As Mr Murphy

and Azeem waited for the elevator upon arriving at the James Hotel Azeem indicated that she

could only meet briefly that evening as she needed to go furniture shopping with her fiance later

that evening however shortly after arriving at Jimmy Azeem texted her fiance to apprise him

that she would not be joining him for furniture shopping that evening - a fact of which she

33 Subsequent to this interrogation on September 19 2014 Mr Murphy had a few follow~up telephone conversations with Henriquez the following week - each of which was brief

25

bull Chili

bull Bacon

bull Salad

bull Curry

bull Rice

bull Chicken

bull Beef

bull Lobster

bull Bagels

bull Celery

bull Guacamole

bull Eggs

bull Coffee

bull Tea

bull Hot chocolate

bull Milkshakes

bull Milk

bull Over-eating

bull Books

bull Magazines

bull Newspapers

bull Theater

22

1 i ~

~ I

bull Sports

bull Travel

bull Apartment searches

bull Furniture

bull Restaurants

bull Weight

bull Exhaustion

bull Exercise

bull Cooking

bull Dancing

bull The subway

bull Justin Bieber

bull Kanye West

bull Kim Kardashian

bull Marlon Brando

bull Robert Duval

bull Benicio Del Toro

bull Willem Dafoe

bull Gary Busey

bull Sean Connery

bull Martin Sheen

bull Robin Thicke

23

bull Pharrell Williams

bull Dentistry

bull Weather

bull Television

bull An employment opportunity for Azeem at Ralph Lauren

bull Uber and

bull NYC neighborhoods

A review of the text messages exchanged between Mr Murphy and Azeem does not reflect the

existence of a torrid affair or any other type of an affair for that matter (there was no

affair) rather a review of the text messages exchanged between Mr Murphy and Azeem

reveals close friends who inter alia liked food liked to talk about food and liked to discuss

amongst other things the panoply of other run-of-the mill and manifold topics referenced above

24

ii SEPTEMBER 192014 - THE CLAIMANT IS INTERROGATED ABOUT AZEEM BY CITIGROUPS HUMAN RESOURCES DEPARTMENT

20 On the morning of September 192014 Mr Murphy was interrogated by Henriquez - a

Human Resources Specialist at Citigroup - concerning his relationship with Azeem33 The

interrogation (hereinafter the Interrogation) took place in Sara Zobels (hereinafter Zobel)

office Zobel is a Managing Director and a Human Resources Specialist respectively at

Citigroup Zobel was not present for the Interrogation Nor was anyone else with the exception

of Mr Murphy and Henriquez

21 The Interrogation was prompted by a baseless frivolous and slanderous complaint that

Azeem had levied maliciously following drinks that Mr Murphy and Azeem had had on or

about September 5 2014 at Jimmy at the James Hotel in Soho (hereinafter the Jimmys

Drinks) At the Jimmys Drinks Azeem drank alcohol but Mr Murphy did not as he has not

consumed alcohol since shortly after his daughters birth seven (7) years ago As Mr Murphy

and Azeem waited for the elevator upon arriving at the James Hotel Azeem indicated that she

could only meet briefly that evening as she needed to go furniture shopping with her fiance later

that evening however shortly after arriving at Jimmy Azeem texted her fiance to apprise him

that she would not be joining him for furniture shopping that evening - a fact of which she

33 Subsequent to this interrogation on September 19 2014 Mr Murphy had a few follow~up telephone conversations with Henriquez the following week - each of which was brief

25

1 i ~

~ I

bull Sports

bull Travel

bull Apartment searches

bull Furniture

bull Restaurants

bull Weight

bull Exhaustion

bull Exercise

bull Cooking

bull Dancing

bull The subway

bull Justin Bieber

bull Kanye West

bull Kim Kardashian

bull Marlon Brando

bull Robert Duval

bull Benicio Del Toro

bull Willem Dafoe

bull Gary Busey

bull Sean Connery

bull Martin Sheen

bull Robin Thicke

23

bull Pharrell Williams

bull Dentistry

bull Weather

bull Television

bull An employment opportunity for Azeem at Ralph Lauren

bull Uber and

bull NYC neighborhoods

A review of the text messages exchanged between Mr Murphy and Azeem does not reflect the

existence of a torrid affair or any other type of an affair for that matter (there was no

affair) rather a review of the text messages exchanged between Mr Murphy and Azeem

reveals close friends who inter alia liked food liked to talk about food and liked to discuss

amongst other things the panoply of other run-of-the mill and manifold topics referenced above

24

ii SEPTEMBER 192014 - THE CLAIMANT IS INTERROGATED ABOUT AZEEM BY CITIGROUPS HUMAN RESOURCES DEPARTMENT

20 On the morning of September 192014 Mr Murphy was interrogated by Henriquez - a

Human Resources Specialist at Citigroup - concerning his relationship with Azeem33 The

interrogation (hereinafter the Interrogation) took place in Sara Zobels (hereinafter Zobel)

office Zobel is a Managing Director and a Human Resources Specialist respectively at

Citigroup Zobel was not present for the Interrogation Nor was anyone else with the exception

of Mr Murphy and Henriquez

21 The Interrogation was prompted by a baseless frivolous and slanderous complaint that

Azeem had levied maliciously following drinks that Mr Murphy and Azeem had had on or

about September 5 2014 at Jimmy at the James Hotel in Soho (hereinafter the Jimmys

Drinks) At the Jimmys Drinks Azeem drank alcohol but Mr Murphy did not as he has not

consumed alcohol since shortly after his daughters birth seven (7) years ago As Mr Murphy

and Azeem waited for the elevator upon arriving at the James Hotel Azeem indicated that she

could only meet briefly that evening as she needed to go furniture shopping with her fiance later

that evening however shortly after arriving at Jimmy Azeem texted her fiance to apprise him

that she would not be joining him for furniture shopping that evening - a fact of which she

33 Subsequent to this interrogation on September 19 2014 Mr Murphy had a few follow~up telephone conversations with Henriquez the following week - each of which was brief

25

bull Pharrell Williams

bull Dentistry

bull Weather

bull Television

bull An employment opportunity for Azeem at Ralph Lauren

bull Uber and

bull NYC neighborhoods

A review of the text messages exchanged between Mr Murphy and Azeem does not reflect the

existence of a torrid affair or any other type of an affair for that matter (there was no

affair) rather a review of the text messages exchanged between Mr Murphy and Azeem

reveals close friends who inter alia liked food liked to talk about food and liked to discuss

amongst other things the panoply of other run-of-the mill and manifold topics referenced above

24

ii SEPTEMBER 192014 - THE CLAIMANT IS INTERROGATED ABOUT AZEEM BY CITIGROUPS HUMAN RESOURCES DEPARTMENT

20 On the morning of September 192014 Mr Murphy was interrogated by Henriquez - a

Human Resources Specialist at Citigroup - concerning his relationship with Azeem33 The

interrogation (hereinafter the Interrogation) took place in Sara Zobels (hereinafter Zobel)

office Zobel is a Managing Director and a Human Resources Specialist respectively at

Citigroup Zobel was not present for the Interrogation Nor was anyone else with the exception

of Mr Murphy and Henriquez

21 The Interrogation was prompted by a baseless frivolous and slanderous complaint that

Azeem had levied maliciously following drinks that Mr Murphy and Azeem had had on or

about September 5 2014 at Jimmy at the James Hotel in Soho (hereinafter the Jimmys

Drinks) At the Jimmys Drinks Azeem drank alcohol but Mr Murphy did not as he has not

consumed alcohol since shortly after his daughters birth seven (7) years ago As Mr Murphy

and Azeem waited for the elevator upon arriving at the James Hotel Azeem indicated that she

could only meet briefly that evening as she needed to go furniture shopping with her fiance later

that evening however shortly after arriving at Jimmy Azeem texted her fiance to apprise him

that she would not be joining him for furniture shopping that evening - a fact of which she

33 Subsequent to this interrogation on September 19 2014 Mr Murphy had a few follow~up telephone conversations with Henriquez the following week - each of which was brief

25

ii SEPTEMBER 192014 - THE CLAIMANT IS INTERROGATED ABOUT AZEEM BY CITIGROUPS HUMAN RESOURCES DEPARTMENT

20 On the morning of September 192014 Mr Murphy was interrogated by Henriquez - a

Human Resources Specialist at Citigroup - concerning his relationship with Azeem33 The

interrogation (hereinafter the Interrogation) took place in Sara Zobels (hereinafter Zobel)

office Zobel is a Managing Director and a Human Resources Specialist respectively at

Citigroup Zobel was not present for the Interrogation Nor was anyone else with the exception

of Mr Murphy and Henriquez

21 The Interrogation was prompted by a baseless frivolous and slanderous complaint that

Azeem had levied maliciously following drinks that Mr Murphy and Azeem had had on or

about September 5 2014 at Jimmy at the James Hotel in Soho (hereinafter the Jimmys

Drinks) At the Jimmys Drinks Azeem drank alcohol but Mr Murphy did not as he has not

consumed alcohol since shortly after his daughters birth seven (7) years ago As Mr Murphy

and Azeem waited for the elevator upon arriving at the James Hotel Azeem indicated that she

could only meet briefly that evening as she needed to go furniture shopping with her fiance later

that evening however shortly after arriving at Jimmy Azeem texted her fiance to apprise him

that she would not be joining him for furniture shopping that evening - a fact of which she

33 Subsequent to this interrogation on September 19 2014 Mr Murphy had a few follow~up telephone conversations with Henriquez the following week - each of which was brief

25

concomitantly made Mr Murphy aware The Jimmys Drinks ultimately lasted for several hours

during which Azeem inter alia

bull Attempted without provocation on a myriad of occasions to induce and coerce Mr Murphy into revealing his true feelings for her which in actuality were feelings of extremely close friendship only In fact as discussed in great detail below on a litany of prior occasions Azeem would try unsuccessfully to provoke confessions of romantic proclivities from Mr Murphy towards her

bull Consumed without provocation an interminable amount of time discussing how attempts were made to recruit her as a swimsuit model and as a lip model respectively

bull Consumed without provocation an interminable amount of time discussing her efforts to get work as a fit model and the feedback that she had received regarding this ultimately failed effort

bull Boasted without provocation ad nauseum and gleefully about her breasts and how they were undoubtedly larger than Mr Murphy probably realized

bull Bragged without provocation that her breasts were so large that she did not require padding

bull Proclaimed without provocation that while her breasts were exceptional her butt was even better

bull Confided that she and her fiance were having sex every week a fact that she joyfully proclaimed and she also unprovoked shared her preferred lighting arrangements for the performance of said act

bull Thanked Mr Murphy for giving her a book of poetry by Pablo Neruda (hereinafter the Poetry Book) Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it ifit made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

26

bull In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions - a practice to which Mr Murphy had invariably adhered following their first dinner together (see below) - Azeem confinned that

She was having no issues with their interactions

She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential modeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc and

There was nothin~ about the evening not to like insofar as she was able to as she put it to Mr Murphy speak vainly about herself and have him listen

Following the Jimmys Drinks Mr Murphy and Azeem exchanged pleasant text messages and

the evening thus concluded without any incident whatsoever

22 On the morning of September 62014 Mr Murphy innocuously texted Azeem

about a funny conversation that he and his daughter Maya were having at breakfast however

rather than Azeem texting back with a pleasant comment - which she had invariably done in the

past - Azeem texted back that Mr Murphy should no longer text message or speak with her

Perhaps Azeem with a marriage imminently looming felt guilty that she had spent the prior

evening inter alia

a Cancelling a scheduled shopping appointment with her fiance in order to spend more time with Mr Murphy

b Regaling another man with comments about her breasts her butt her lips etc

c Trying to coerce another man into professing his non-existent amorous feelings towards her and

d Disclosing the frequency of her carnal relations with her fiance and her preferred lighting arrangements in relation thereto

27

Or perhaps Azeems fiance after either a) learning of the Poetry Book with which Mr Murphy

had innocuously provided her or b) learning of the exchange of benign text messages between

the two - became perturbed and instructed her not only to cease and desist from communicating

with Mr Murphy but to lodge a merit-less false and slanderous complaint with the Company

Regardless Mr Murphy - who was utterly shocked by this out-of-the-blue edict - of course

respected Azeems wishes and he did not text her again until September 192014 which was

just after he learned that Citigroups Human Resources Department wanted to interrogate him

that morning Mr Murphys polite text was merely seeking Azeems insight into that about

which he would be interrogated in that the request for Mr Murphys appearance in Citigroups

Human Resources offices was vague and nebulousJ4

23 Henriquez commenced the Interrogation by querying about Mr Murphys relationship

with Azeem in response to which Mr Murphy was 100 truthful It was not until well into the

Interrogation when Henriquez revealed that Azeem had shared with her various of the text

messages exchanged between Mr Murphy and Azeem which as noted above contained

primarily jejune inane and unexciting dribble between the two During the Interrogation

Henriquez who took copious albeit selective notes insofar as she oscillated between at times

writing furiously while at other times writing sparingly indicated andor queried inter alia as

follows

34 Mr Murphy presumed that the Interrogation related to Azeem given her aforementioned September 6th text which again came out-of-the-blue and was completely incongruous with the prior evenings interactions Moreover Mr Murphy had no HR issues at said time or at any other time

28

bull In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions - a practice to which Mr Murphy had invariably adhered following their first dinner together (see below) - Azeem confinned that

She was having no issues with their interactions

She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential modeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc and

There was nothin~ about the evening not to like insofar as she was able to as she put it to Mr Murphy speak vainly about herself and have him listen

Following the Jimmys Drinks Mr Murphy and Azeem exchanged pleasant text messages and

the evening thus concluded without any incident whatsoever

22 On the morning of September 62014 Mr Murphy innocuously texted Azeem

about a funny conversation that he and his daughter Maya were having at breakfast however

rather than Azeem texting back with a pleasant comment - which she had invariably done in the

past - Azeem texted back that Mr Murphy should no longer text message or speak with her

Perhaps Azeem with a marriage imminently looming felt guilty that she had spent the prior

evening inter alia

a Cancelling a scheduled shopping appointment with her fiance in order to spend more time with Mr Murphy

b Regaling another man with comments about her breasts her butt her lips etc

c Trying to coerce another man into professing his non-existent amorous feelings towards her and

d Disclosing the frequency of her carnal relations with her fiance and her preferred lighting arrangements in relation thereto

27

Or perhaps Azeems fiance after either a) learning of the Poetry Book with which Mr Murphy

had innocuously provided her or b) learning of the exchange of benign text messages between

the two - became perturbed and instructed her not only to cease and desist from communicating

with Mr Murphy but to lodge a merit-less false and slanderous complaint with the Company

Regardless Mr Murphy - who was utterly shocked by this out-of-the-blue edict - of course

respected Azeems wishes and he did not text her again until September 192014 which was

just after he learned that Citigroups Human Resources Department wanted to interrogate him

that morning Mr Murphys polite text was merely seeking Azeems insight into that about

which he would be interrogated in that the request for Mr Murphys appearance in Citigroups

Human Resources offices was vague and nebulousJ4

23 Henriquez commenced the Interrogation by querying about Mr Murphys relationship

with Azeem in response to which Mr Murphy was 100 truthful It was not until well into the

Interrogation when Henriquez revealed that Azeem had shared with her various of the text

messages exchanged between Mr Murphy and Azeem which as noted above contained

primarily jejune inane and unexciting dribble between the two During the Interrogation

Henriquez who took copious albeit selective notes insofar as she oscillated between at times

writing furiously while at other times writing sparingly indicated andor queried inter alia as

follows

34 Mr Murphy presumed that the Interrogation related to Azeem given her aforementioned September 6th text which again came out-of-the-blue and was completely incongruous with the prior evenings interactions Moreover Mr Murphy had no HR issues at said time or at any other time

28

Or perhaps Azeems fiance after either a) learning of the Poetry Book with which Mr Murphy

had innocuously provided her or b) learning of the exchange of benign text messages between

the two - became perturbed and instructed her not only to cease and desist from communicating

with Mr Murphy but to lodge a merit-less false and slanderous complaint with the Company

Regardless Mr Murphy - who was utterly shocked by this out-of-the-blue edict - of course

respected Azeems wishes and he did not text her again until September 192014 which was

just after he learned that Citigroups Human Resources Department wanted to interrogate him

that morning Mr Murphys polite text was merely seeking Azeems insight into that about

which he would be interrogated in that the request for Mr Murphys appearance in Citigroups

Human Resources offices was vague and nebulousJ4

23 Henriquez commenced the Interrogation by querying about Mr Murphys relationship

with Azeem in response to which Mr Murphy was 100 truthful It was not until well into the

Interrogation when Henriquez revealed that Azeem had shared with her various of the text

messages exchanged between Mr Murphy and Azeem which as noted above contained

primarily jejune inane and unexciting dribble between the two During the Interrogation

Henriquez who took copious albeit selective notes insofar as she oscillated between at times

writing furiously while at other times writing sparingly indicated andor queried inter alia as

follows

34 Mr Murphy presumed that the Interrogation related to Azeem given her aforementioned September 6th text which again came out-of-the-blue and was completely incongruous with the prior evenings interactions Moreover Mr Murphy had no HR issues at said time or at any other time

28

bull Henriquez indicated that Mr Murphy had somehow implied to Azeem that there was a connection or nexus between his relationship with Azeem and Azeems prospects for future advancement at the Company In fact whereas Mr Murphy had a positive view of Azeems potential at work and took an interest in her career along with an interest in the careers of dozens upon dozens ofothers Mr Murphy never once suggested or insinuated that his platonic rum-sexual extremely close friendship with Azeem would correlate to any potential advancement for Azeem at the Company Thus Azeem had clearly lied to the Company It should also be noted that when Azeem sat next to Timothy Joyce McCooey (CRD 2428096) (hereinafter McCooey)35 a Citigroup Director who left the Company in July 2014 Azeem and McCooey frequently went to the staff canteen to purchase breakfast together They would often return with food and eat at their desk Azeem had confided to Mr Murphy that she disliked McCooey but had felt compelled to engage in this frequent breakfast ritual with him because he was her direct linear Supervisor In response thereto Mr Murphy made it crystal clear to Azeem on a plethora of occasions that she should ~ feel compelled to spend time with Mr Murphy in light of his seniority and Azeem invariably responded that she chose to spend time with Mr Murphy because she ostensibly enjoyed his company In sum it was made abundantly clear to Azeem (and to Henriquez) that any hypothetical termination of their strictly platonic rum-sexual extremely close friendship would never eventuate in any deleterious consequences whatsoever to Azeem on the work front Any suggestion of a quid-pro-quo of any type was (and is) utterly and categorically fallacious however Azeem had clearly lied to the Company by sUKeestinK that a quid-oro-quo existed

bull Henriquez queried as to whether Mr Murphy had developed a propensity for communicating with Azeem at her desk to which Mr Murphy conceded truthfully that at one point he and Azeem had spoken with some degree of frequency at her desk Mr Murphy continued by noting that when others commented to Azeem that she had ostensibly become popular with Mr Murphy she expressed discomfort in response to which Mr Murphy immediately ceased speaking with Azeem at her desk Mr Murphy also noted that in response to the immediate cessation of his visits to her desk Azeem - sua sponte and on her own volition - commenced visiting Mr Murphy in his office Whereas Henriquez connoted a vague awareness of Azeem s visits to Mr Murphys office Azeem had clearly not advised her of the frequency m length

35 According to McCooeys publicly-available FINRA CRD Report he was employed by Citigroup from May 2013 until July 2014 and he was reampistered with Citigroup from June 2013 until July 2014 According to McCooeys publicly-available FINRA CRD Report he has been employed by and reampistered with SenaHill Securities Inc (CRD 166477) (hereinafter SenaHill) from July 2014 until the present

29

thereof or at whose volition (hers) that they were conducted Azeem also clearly failed to apprise Henriquez that after she began visiting Mr Murphy in his office he referenced Azeems previous concern about the perception of others and she stated that this no longer bothered her and that she wanted people to know that their friendship was mutuaL Azeem told Mr Murphy that she wanted to indicate to others via her conduct and actions that their friendship was mutual

bull Henriquez queried as to whether Mr Murphy had invited Azeem to dinners to which Mr Murphy conceded truthfully that he had Mr Murphy also stated that he had had lunches and dinners with other Citigroup colleagues as well When Henriquez mentioned that Azeem had allegedly been uncomfortable with a dinner many months prior Mr Murphy conceded truthfully that whereas Azeem was extraordinarily content the evening thereof she had expressed regrets thereafter to which Mr Murphy apologized both verbally and later via a store-purchased card Incidentally with respect to this particular dinner whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to their first meal together Clearly Azeem failed to apprise Henriquez of this Azeem also undoubtedly failed to apprise Henriquez that many subsequent dinners andor drinks were typically impromptu and that obviously whatever alleged discomfort Azeem felt after this initial dinner in question her alleged discomfort was sufficiently vitiated and mollified

bull Henriquez indicated that according to Azeem Mr Murphy had allegedly told her over dinner that he was harboring feelings towards her Henriquez asked if this were true As alluded to above Mr Murphy did not tell Azeem that he loved her or that he wanted to pursue a romantic relationship with her In fact Mr Murphy did not love Azeem nor did he want a romantic relationship with her Rather for much of the time he greatly enjoyed her company he found her interesting and funny and he deemed said feelings unusual given their age gap These were the only feelings that he had harbored towards her Strong feelings ofclose friendship yes but not sexual or romantic feelings of any kind

30

I 1 j

bull Henriquez queried as to whether Mr Murphy had given Azeem gifts to which Mr Murphy conceded truthfully that he had given her

I A grand total of three (3) paperback books36

I I bull The aforementioned Poetry Book

t bull How Fiction Works and

bull nA Passage to India37 and

I One $3 lip balm

I Henriquez focused specifically upon the Poetry Book in response to which Mr Murphy indicated that as set forth above - prior to giving Azeem said book at the Jimmys Drinks - he told Azeem that not only should she refuse it ifit made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it Mr Murphy further conveyed to Henriquez that Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it In addition Mr Murphy told Henriquez that he had given other colleagues (males) books during his tenure at the Company and that he had also generously with his own money purchased two (2) suits for two (2) junior male analysts at his previous employer Deutsche Bank during his tenure there gifts that were exponentially more expensive (roughly $500 per suit) than the three (3) books and $3 lip balm that he had purchased for Azeem Mr Murphy purchased these suits for these male analysts because he had grown up quite poor and had been on the receiving end of a number of vituperative remarks about his shoddy dress when he first entered the securities industry He never wanted anyone else to endure and suffer similar humiliation

36 As noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof

37 Mr Murphy suggested to Azeem that she could treat A Passage to India as a loan if she preferred she indicated that she would keep it

31

bull Henriquez queried as to a) whether Mr Murphy had told Azeem about his sexual history and b) whether Mr Murphy had disclosed to Azeem the present state of his sexual relations with his wife to which Mr Murphy conceded truthfully that he had however Azeem had clearly failed to disclose to Henriquez that on a myriad of occasions she had on her own volition and without provocation shared with Mr Murphy her own sexual history as well as the frequency of her sexual relations with her fiance and her preferred lighting arrangements in relation thereto In fact discussions centered on sexual histories and sexual frequency were oftentimes initiated by Azeem who was wont to not only push the boundaries of their more-often-than-not G Rated insipid conversations but to also dismiss suggestions by Mr Murphy that perhaps some topics should not be discussed It should also be noted that Azeem not only discussed inter alia sex her physique her butt her breasts other Citigroup co-workers who allegedly desired her her alleged Willingness to give herself over to those desires etc with Mr Murphy but also with others at Citigroup as well Some of these individuals still work at the Company some do not Azeem clearly failed to disclose to Henriquez any and all of the above

bull Henriquez indicated that according to Azeem Mr Murphy had allegedly encouraged her not only to take drugs but moreover to allegedly take drugs with him In actuality as Mr Murphy explained to Henriquez Azeem confided to Mr Murphy that she had taken some drugs but not others because her fiance allegedly told her that she should not try cocaine for example because she was apparently ill-suited to it temperamentally Mr Murphys innocuous retort to Azeem was that she should make her own decisions in life By way of example as alluded to above Mr Murphy did not at that time (and does not at present)shymuch to Azeem s chagrin and constant complaints drink alcohol and he explained to Azeem on numerous occasions that everyone must make their own decisions in life just as he had vis-a-vis alcohol In sum Mr Murphy - who did not at that time (and does not at present) use drugs - never encouraged Azeem to take drugs much less with him and for her to have alleged otherwise was an egregiously delusive and slanderous misrepresentation It should also be noted that Azeem not only discussed inter alia sex her physique her butt her breasts other Citigroup co-workers who allegedly desired her her alleged willingness to give herself over to those desires etc with Mr Murphy and others at Citigroup but moreover she also undoubtedly discussed illicit druamp use with others at Citigroup as well Testimony from Azeem and others concerning the same shall be adduced at the evidentiary hearings in this matter and shall go a long way towards establishing the utter falsity ofAzeems allegations against Mr Murphy in respect of supposed drug instigation and otherwise Azeem clearly failed to disclose to Henriquez any and all of the above and her malicious utterances to the Company about Mr Murphys alleged drug instigation and inducement were bold-faced outright lies

32

bull Henriquez placed significant emphasis on the alleged sharing of confidential business information with Azeem In particular Henriquez referenced three (3) items during the Interrogation a) She indicated that Mr Murphy had allegedly shared details of other analysts ratings with Azeem and that he allegedly intervened to secure a higher rating for her b) she indicated that Mr Murphy had allegedly shared details ofa redundancy list with Azeem and c) she indicated that Mr Murphy had allegedly shared proprietary compensation information as well as his own compensation information with Azeem

With respect to ratingsAzeem raised the topic of analyst ratings with Mr Murphy At the time of said invocation she was already well informed of inter alia a) the state of affairs b) the ratings being considered for the various analysts and c) the contentious debate between her direct linear Supervisor and at least one other regarding her rating vis-a-vis that of the other analysts Mr Murphy had not been involved in those discussions up to that time and it was Azeem who was informing Mr Murphy of the situation - not the reverse Whether (and how) Azeem was able to cajole this information from her direct linear Supervisor or from others is something of which Mr Murphy has no knowledge whatsoever however suffice it to say that whatever information that Azeem may have received or garnered concerning other analysts ratings did not emanate from Mr Murphy Moreover Mr Murphy simply leant his support to Azeem receiving the very same rating that her direct linear Supervisor had I

~strongly recommended and for which her direct linear Supervisor was 1

already fighting and advocating I

I

I iWith respect to the redundancy list on or about Auampust 12014 during

a walk to the subway Azeem revealed to Mr Murphy that someone at Citigroup in Chicago had allegedly lost their job and she then queried Mr Murphy as to whether anyone on Citigroups SalesFutures team in New York was on the redundancy list To this end while on the subway under repetitive (and emotional) questioning from Azeem about inter alia ( a succession of individuals on the team Mr Murphys overt discomfort ~ concerning one (1) particular individual later gave rise to his truthful yet regrettable disclosure to Azeem that said individual was not on the final redundancy list For Azeem to have alleged suggested or implied that Mr Murphy had shared extensive details with her about the redundancy list is patently false and utterly chimerical Moreover Azeem clearly failed to mention to Henriquez that it was she who had probed Mr Murphy on this topic instead giving Henriquez the fallacious impression that Mr Murphy had simply offered-up details sua sponte and

33

With respect to compensation information on or about August 28 2014 Mr Murphy and Azeem had dinner at Boqueria in Soho (hereinafter the Boqueria Dinner) For some time prior Azeem had been commenting that she was likely to leave the securities industry and she seemed (or feigned) to have little insight into what she would be foregoing were she to leave the industry Based primarily upon publicly-available information gleaned from headhunters - which was (and is) available to anyone querying - Mr Murphy was able to a) provide compensation ranges to Azeem at this dinner for those above Azeem in the hierarchical titular chain of command i e compensation ranges for Vice-Presidents Directors and Managing Directors respectively and at a later date b) provide an exceedingly wide range based upon the thenshyprevailing market rate for the vacant EMEA Prime role For Azeem to have alleged suggested or implied that Mr Murphy was somehow disclosing proprietary or confidential information is absurd rather as noted above said information was (and is) easily obtainable from any number ofheadhunters concentrating in the securities industry In fact Azeem specifically confirmed that the ranges that Mr Murphy - based primarily upon publicly-available information gleaned from headhunters - had shared with her were entirely consistent and in line with what she had already gleaned from others It should also be noted that whereas Mr Murphy did disclose to Azeem his own compensation such was hardly sinister furtive or aberrational vis-a-vis common industry practice Whereas Mr Murphy was not in the habit of disclosing his compensation details to others discussions regarding compensation were (and are) commonplace at Citigroup and in the securities industry in generaL

34

iii AZEEMS SLANDEROUS RECITATION OF EVENTS IS REPLETE WITH OUTRIGHT LIES HALF-TRUTHS DISTORTIONS AND OMISSIONS

24 Based upon Henriquezs September 19 2014 interrogation of Mr Murphy it can be

stated beyond peradventure that Azeems recitation of events to Human Resources was replete

with outright lies half-truths distortions and omissions Put simply Azeem blatantly

maliciously and intentionally lied to amon2st others Human Resources and in doing so

she wilfully and incontrovertibly slandered Mr Murphy to wit

bull Azeem claimed that she told Mr Murphy on multiple occasions that

She wished to end their friendship and that he did not accept this and

Mr Murphy persisted in his attentions against her expressed preferences

These are outri2ht lies On the paucity of occasions whereupon Azeem expressly stated a desire to end her close friendship with Mr Murphy - the impetus for which was normally prompted by Citigroup colleagues commenting about said burgeoning friendship - Mr Murphy dutifully and unfailingly respected Azeems wishes However on multiple occasions after having suggested that they end their close friendship Azeem would then invariably reshyinitiate contact Moreover while sitting with Mr Murphy at the Path Station one evening towards the later stages oftheir close friendship Azeem expressly recognized that it was always she that had resuscitated their friendship after each such hiatus Azeems assertion to her co-workers that Mr Murphy allegedly failed to honor her expressed desire to end their friendship inter alia

Was (and is) immensely damaging to Mr Murphy

Has contributed significantly to the wreckage of Mr Murphys previously stellar career and reputation respectively and

Was (and is) a false statement of fact which Azeem knowingly and maliciously made

35

bull From some of Azeems earliest interactions with Citigroup co-workers she went out of her way to engage in edgy conversation To this end Azeem spoke not just freely and unencumberedly but also pro-actively about inter alia

Her body parts with her butt being a particular obsession

Sex (her sex life the sex life of others and sex in general respectively) and

Drugs (her drug use the drug use of others and drug use in general respectively)

In doing so she attracted the attention of numerous Citigroup co-workers with whom she might otherwise have had little to do however by her own admission she basked in and invited the attention

In her discussions with Citigroup Azeem cited a small number of stories that Mr Murphy had shared with her about his sex life however these stories were shared by Mr Murphy against a very specific back-drop ie

Azeem often initiated discussions about such matters I I r

Azeem shared numerous stories regarding her body parts and her sex life 1 respectively

Azeem repeated to Mr Murphy stories regarding sex that other Citigroup co-workers had confided in her

Azeem provided Mr Murphy with regular reassurance that she was happy discussing such matters which of course was not surprising insofar as it was she who often initiated such discussions and

Azeem routinely dismissed suggestions from Mr Murphy that they leave certain topics out-of-bounds

Hence Azeems presentation and depiction of herself to amongst others Human Resources as a supposedly obsequious subservient and embarrassed shrinking violet upon whom Mr Murphy merely capriciously and haphazardly foisted inappropriate stories is an act of outrageous dishonesty and subterfuge on Azeems part and one that is unsustainable and susceptible to complete refutation To this end the list ofCitigroup co-workers with whom Azeem discussed such matters is long and while many of these individuals are still at Citigroup others are not

36

bull Azeems assertion or suggestion that Mr Murphy was somehow harboring romantic feelings towards her was downright false As noted above Mr Murphy did not tell Azeem that he loved her or that he wanted to pursue a romantic relationship with her In fact Mr Murphy did not love Azeem nor did he want a romantic relationship with her Rather for much of the time he greatly enjoyed her company he found her interesting and funny and he deemed said feelings unusual given their age gap These were the only feelings that he had harbored towards her Strong feelings of close friendship yes but not sexual or romantic feelings of any kind Azeem oftentimes remarked to Mr Murphy that male friends in their twenties (20s) invariably expressed their romantic interest in her and she complained that Mr Murphy had never done so a topic she returned to at length on or about September 2 2014 (see below) and again a few days thereafter at the Jimmys Drinks In fact as time wore on Azeem continually prodded Mr Murphy into disclosing how he really felt towards her in response to which Mr Murphy consistently tried oftentimes unsuccessfully to divert and reshyorient the conversation In fact in the later stages of their close friendship Mr Murphy explicitly told Azeem on several occasions that he did not want to discuss feelings further and he suggested to Azeem on numerous occasions that I they would be better off speaking about feelings less often or not at all Over I time Azeem became obsessed with the perceived from her perspective eventuality and fait accompli that Mr Murphys feelings towards her - albeit non-romantic feelings of extremely close friendship - would ultimately fade and IAzeem perpetually reverted to this topic in her continued interactions with Mr Murphy Clearly Azeem falsely attributed statements to Mr Murphy that he f never made and she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion I

I t

I f f f i ~

t l I ~

J37

bull Azeems assertion or suggestion that the strictly platonic non-sexual extremely close friendship that she had with Mr Murphy was somehow one-sided was

downright false in fact not only did Azeem consistently compliment Mr Murphy i

and tell him inter alia

I How much she liked him IHow intelligent and quick witted that she perceived him to be

f [

How well-read she thought that he was fbull

How funny she viewed him to be and t IHow seamless and fluid their conversations seemed to be (at least in the

inception before she began repetitively cajoling him into revealing his I supposedly true feelings for her) I

but she was of course a willing and enthusiastic participant in and attendee at I their various friendly dinners and drinks outside of the office To this end as noted above when others commented to Azeem that she had supposedly become popular with Mr Murphy she at times expressed discomfort in response to Iwhich Mr Murphy invariably ceased immediately speaking with her However I as noted in great detail above in response to the immediate cessation of his visits I

K

to her desk Azeem - sua sponte and on her own volition - commenced visiting [

I IMr Murphy in his office Whereas as noted above Henriquez connoted a vague awareness of Azeems visits to Mr Murphys office Azeem had clearly not

advised her of the frequency or length thereof or at whose volition (hers) that they f were conducted As further noted above Azeem also clearly failed to apprise ~

Henriquez that after she began visiting Mr Murphy in his office he referenced Azeems previous concern about the perception of others and she stated that this no longer bothered her and that she wanted people to know that their friendship was mutual Azeem told Mr Murphy that she wanted to indicate to others via her conduct and actions that their friendship was mutual

38

bull On a paucity of occasions prior to the aforementioned Jimmys Drinks Azeem expressed to Mr Murphy her alleged discomfort andor unhappiness with her interactions with him as a result of comments that colleagues at the Company had made to her As alluded to above at times Azeem expressed discomfort with these comments however at other times she oscillated and indicated that she did not care what others thought Leaving these vacillations aside Azeem clearly failed to tell Henriquez that whenever she expressed a desire for a change in her interactions with Mr Murphy as a result of the comments that others were making he invariably immediately and respectfully adhered to her wishes and curtailed all contact As further alluded to above Azeem also clearly failed to tell Henriquez that the re-establishment of communications would always come at her behest and was therefore inevitable because Azeem unfailingly re-engaged with Mr Murphy

bull The initial dinner that Mr Murphy had with Azeem was on or about May 28 2014 at Walkers in Tribeca (hereinafter the Walkers Dinner) As noted above whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner Moreover prior to the Walkers Dinner Azeem had invited Mr Murphy to a risque play outside of the office Azeem clearly failed to tell Henriquez about this theater invite At this Walkers Dinner Azeem

Disclosed to Mr Murphy without provocation her sexual history

Questioned Mr Murphy about his own sexual history

Expressed her platonic feelings towards Mr Murphy and he expressed the exact same feelings towards her and

Exchanged text messages with Mr Murphy after the dinner indicating that she had had an enjoyable non-objectionable evening

Clearly Azeem willfully misrepresented the aforementioned conversations and omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

39

bull As noted above when Henriquez mentioned during the Interrogation that Azeem had allegedly been uncomfortable with a dinner many months prior - i e the Walkers Dinner - Mr Murphy conceded truthfully that whereas Azeem was extraordinarily content the evening thereof she had expressed regrets thereafter to which Mr Murphy apologized both verbally and later via a store-purchased card Azeem had revealed to Mr Murphy - but apparently not to Henriquez - that it was only after the dinner when she began allegedly feeling uncomfortable Incidentally again as noted above with respect to this Walkers Dinner whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner In any event perhaps having been in a relationship for roughly six (6) years that was becoming more serious and that later resulted in a marriage38

- Azeem had felt gUilty that she had spent the prior evening inter alia discussing her and another mans sexual histories Regardless of why she allegedly felt uncomfortable Mr Murphy was resolute to not making things uncomfortable for Azeem going forward and he immediately ceased contact with her However having discussed her alleged discomfort with Mr Murphy on or about June 2 2014 later that same week Azeem approached Mr Murphy in a flirtatious fashion and thereafter exchanged enthusiastic text messages with him thus resuscitating their platonic friendship Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about June 20 2014 following the recommendation by Azeem of a sexy racy video to Mr Murphy the two had dinner on the Upper West Side at Bocca di Bacco (hereinafter the Bocca di Bacco Dinner) In the aftermath thereof Mr Murphy and Azeem shared thoughts on inter alia a) a book that they were contemporaneously reading and b) a play that they had each seen separately Throughout the next few weeks Azeem seemed obsessed with ensuring that Mr Murphys platonic feelings towards her would not fade and the friendship between the two strengthened and intensified Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

38 Azeem was married subsequent to Mr Murphys Wrongful Termination

40

bull On or about June 27 2014 following some lighthearted conversation at a Starbucks39 in Tribeca Mr Murphy and Azeem went to Tre Sorelle on Reade Street in Tribeca At Starbucks Azeem had cancelled her dinner plans with a friend so that she could spend the evening with Mr Murphy Mr Murphy and Azeem then spent the next several hours at Tre SoreIle wherein Azeem became increasingly more and more inebriated (as noted above Mr Murphy did not at that time and does not at present drink alcohol) As Azeem became increasingly drunk she brushed her knees up against Mr Murphy (her self-proclaimed signature move) in a lascivious manner on several occasions during this evening (and on subsequent occasions at later dinnersoutings) exclaiming at a later outing that when she gets drunk she has a tendency to lean in In response Mr Murphy moved backwards and remarked that Azeem was becoming a bit unwieldy Upon the closing ofTre Sorelle Mr Murphy and Azeem went to another bar - Barrows Pub in the West Village - wherein they stayed for roughly one (1) hour En route to Barrows Pub Azeem exclaimed that she had big hands and suggested that Mr Murphy put the palm of his hand against hers (she made this suggestion a number of times subsequently as well) Upon leaving Barrows Pub Azeem remarked that it was unusual that Mr Murphy had never kissed her good-bye at the end of an evening whereupon they proceeded to innocently kiss one another on the cheek good-bye Clearly Azeem wiIIfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 2 2014 following a work event at Dylan Prime in Tribeca Mr Murphy and Azeem ended up staying for quite some time alone (although for a period oftime prior to being alone there were two 2 other Citigroup colleagues present who had occasion to observe Mr Murphys and Azeems extraordinarily amicable and genial interactions) Azeem - as she was wont to do - had a number of drinks and after becoming quite inebriated she not only confided to Mr Murphy that she liked him but she also doled out a number of flattering compliments to him Again as was the case on or about June 27 2014 at Tre SorelIe Azeem brushed her knees up against Mr Murphy in a libidinous manner and at Dylan Prime Azeem placed her two hands on Mr Murphys knees while talking to him Furthermore it was also at Dylan Prime wherein Azeem exclaimed that when she gets drunk she has a tendency to lean in She also confided to Mr Murphy that

39 On the comer of Reade Street and Broadway

41

She was oftentimes hung-over at work after evenings with friendscolleagues and

On one unfortunate occasion she had vomited at work after consuming too many drinks with a Citigroup client a happenstance that she had also shared with other Citigroup colleagues as well

At Dylan Prime Azeem drunkenly bragged to Mr Murphy that a number of men had allegedly professed their love for her in the past exclaiming that she even had two (2) men at that very time allegedly tell her that they loved her She also confided to Mr Murphy that a bevy of men would oftentimes ask her out to dinner not seeming to care that she had a significant other She even expressed trepidation that her looks would fade in time and if that were to hypothetically occur she bemoaned the fact that she would lose the ability to sway and manipulate men in the manner to which she had clearly grown adroitly

taccustomed After leaving Dylan Prime Azeem who appeared unsteady as a Iresult of overindulging in alcohol asked Mr Murphy if she could hold his arm He acquiesced but prudishly placed his hand in his pocket so as to avert any

I 1

accusations of impropriety (a gesture which seems ironic now) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 172014 at a work event at Citi Field in Queens Mr Murphy I and Azeem spent a considerable amount of time talking which engendered comments from a few of their colleagues Azeem was visibly annoyed as a result of these comments both with Mr Murphy and with herself Thereafter Mr Murphy while on vacation sent Azeem a number of text messages expressing his sadness concerning her alleged distress Following Mr Murphys return from vacation Azeem - who conveyed that she was having difficulties with her mother and was thus experiencing emotional turbulence and angst at home40

- suggested that she and Mr Murphy cease communications Mr Murphy of course dutifully and respectfully agreed yet again to cease communications To this end Mr Murphy as had been the case previously immediately ceased contact with Azeem however as was also the case previously it was Azeem who yet again reshyignited and resuscitated their friendship on her own volition On or about AU2ust 12014 Azeem on her own volition and without provocation

40 Azeem resided with her parents

42

Came to Mr Murphys office

Was all smiles

Chatted with Mr Murphy enthusiastically and

Then walked with Mr Murphy to the subway

On the ensuing walk Mr Murphy made it crystal clear that ifAzeem ever wanted to chat she could come to his office and that way she could regulate the time they spent together in the work environment to an amount which she deemed acceptable This was followed-up by a dinner at Les HaIles in the Financial District on or about August 112014 (hereinafter the Les HaIles Dinner) wherein Mr Murphy in light of Azeems alleged discomfort in the aftermath of the Walkers Dinner asked Azeem if she were comfortable with the Les HaIles Dinner conversation She responded emphatically that she was Clearly Azeem gave a patently false account of many of these events suggesting for example that it was Mr Murphy that had re-initiated their communications when in fact Azeem knew full well that she was always the one to re-institute communications And she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull On or about August 28 2014 Mr Murphy and Azeem had dinner at a tapas restaurant (again the Boqueria Dinner) thereafter several days later on or about September 2 2014 Mr Murphy and Azeem spent roughly four (4) hours together talking at the Path Station The conversation ranged from the mundane to Azeem boasting that when she had admirers in their twenties they eventually poured their hearts out to her and allegedly professed their love for her however she expressed incredulity that Mr Murphy had never done this She then went on to lament the fact that Mr Murphy had never expressed how he allegedly really felt towards her and during this four (4) hour conversation she was consistently cajoling and goading him into professing his supposed true feelings towards her Azeems statement to her Citigroup co-workers that Mr Murphy had allegedly told her that he loved her three (3) months earlier at the Walkers Dinner on May 282014 is pure fantasy insofar as inter alia

It never happened and moreover

If it had happened - which it did not - then why was Azeem pressing him on September 22014 in such close proximity to the cessation of their close friendship for a confession as to how he allegedly really felt

43

Clearly Azeem was lyinJ and moreover she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull As noted above at the Jimmys Drinks on or about September 5 2014 Azeem inter alia

Attempted without provocation on a myriad of occasions to induce and coerce Mr Murphy into revealing his true feelings for her which in actuality were feelings of extremely close friendship only In fact on a litany of prior occasions Azeem would try unsuccessfully to provoke confessions of romantic proclivities from Mr Murphy towards her These exhortations at the time appeared to be the innocuous acts of a selfshycentered insecure person yet after the events that have since transpired Azeem clearly had different intentions

Consumed without provocation an interminable amount of time discussing how attempts were made to recruit her as a swimsuit model and as a lip model respectively

Consumed without provocation an interminable amount of time discussing her efforts to get work as a fit model and the feedback that she had received regarding this ultimately failed effort

Boasted without provocation ad nauseum and gleefully about her breasts and how they were undoubtedly larger than Mr Murphy probably realized

Boasted without provocation that her breasts were so large that she did not require padding

Proclaimed without provocation that while her breasts were exceptional her butt was even better

Confided that she and her fiance were having sex every week a fact that she joyfully proclaimed and she also unprovoked shared her preferred lighting arrangements for the performance of said act

44

Thanked Mr Murphy for giving her the aforementioned Poetry Book As noted above Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it if it made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact as noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions shya practice to which Mr Murphy had invariably adhered following the Walkers Dinner - Azeem confirmed that

bull She was having no issues with their interactions and

bull She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential Imodeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc I

Put simply Azeems characterization of inter alia a) her interactions with Mr Murphy b) her attitude towards their relationship and c) her supposed discomfort with said relationship is wholly inconsistent and 100 incongruous with her behavior at the Jimmys Drinks Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that during her time studying medicine in Pakistan her driver would pass a particular spot each day and a policeman would be there leaning against his car looking at her in a wanton manner that she allegedly found offensive One day when the car was stuck in traffic she jumped out picked up a metal bar and proceeded to break the lights of the policemans car She said that he had a look ofgreat fear in his eyes which she found pleasing that intensified with each light that she subsequently broke Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion Mr Murphy does not know whether this strange tale is true or if Azeem simply made it up out ofwhole cloth which with

45

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

thereof or at whose volition (hers) that they were conducted Azeem also clearly failed to apprise Henriquez that after she began visiting Mr Murphy in his office he referenced Azeems previous concern about the perception of others and she stated that this no longer bothered her and that she wanted people to know that their friendship was mutuaL Azeem told Mr Murphy that she wanted to indicate to others via her conduct and actions that their friendship was mutual

bull Henriquez queried as to whether Mr Murphy had invited Azeem to dinners to which Mr Murphy conceded truthfully that he had Mr Murphy also stated that he had had lunches and dinners with other Citigroup colleagues as well When Henriquez mentioned that Azeem had allegedly been uncomfortable with a dinner many months prior Mr Murphy conceded truthfully that whereas Azeem was extraordinarily content the evening thereof she had expressed regrets thereafter to which Mr Murphy apologized both verbally and later via a store-purchased card Incidentally with respect to this particular dinner whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to their first meal together Clearly Azeem failed to apprise Henriquez of this Azeem also undoubtedly failed to apprise Henriquez that many subsequent dinners andor drinks were typically impromptu and that obviously whatever alleged discomfort Azeem felt after this initial dinner in question her alleged discomfort was sufficiently vitiated and mollified

bull Henriquez indicated that according to Azeem Mr Murphy had allegedly told her over dinner that he was harboring feelings towards her Henriquez asked if this were true As alluded to above Mr Murphy did not tell Azeem that he loved her or that he wanted to pursue a romantic relationship with her In fact Mr Murphy did not love Azeem nor did he want a romantic relationship with her Rather for much of the time he greatly enjoyed her company he found her interesting and funny and he deemed said feelings unusual given their age gap These were the only feelings that he had harbored towards her Strong feelings ofclose friendship yes but not sexual or romantic feelings of any kind

30

I 1 j

bull Henriquez queried as to whether Mr Murphy had given Azeem gifts to which Mr Murphy conceded truthfully that he had given her

I A grand total of three (3) paperback books36

I I bull The aforementioned Poetry Book

t bull How Fiction Works and

bull nA Passage to India37 and

I One $3 lip balm

I Henriquez focused specifically upon the Poetry Book in response to which Mr Murphy indicated that as set forth above - prior to giving Azeem said book at the Jimmys Drinks - he told Azeem that not only should she refuse it ifit made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it Mr Murphy further conveyed to Henriquez that Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it In addition Mr Murphy told Henriquez that he had given other colleagues (males) books during his tenure at the Company and that he had also generously with his own money purchased two (2) suits for two (2) junior male analysts at his previous employer Deutsche Bank during his tenure there gifts that were exponentially more expensive (roughly $500 per suit) than the three (3) books and $3 lip balm that he had purchased for Azeem Mr Murphy purchased these suits for these male analysts because he had grown up quite poor and had been on the receiving end of a number of vituperative remarks about his shoddy dress when he first entered the securities industry He never wanted anyone else to endure and suffer similar humiliation

36 As noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof

37 Mr Murphy suggested to Azeem that she could treat A Passage to India as a loan if she preferred she indicated that she would keep it

31

bull Henriquez queried as to a) whether Mr Murphy had told Azeem about his sexual history and b) whether Mr Murphy had disclosed to Azeem the present state of his sexual relations with his wife to which Mr Murphy conceded truthfully that he had however Azeem had clearly failed to disclose to Henriquez that on a myriad of occasions she had on her own volition and without provocation shared with Mr Murphy her own sexual history as well as the frequency of her sexual relations with her fiance and her preferred lighting arrangements in relation thereto In fact discussions centered on sexual histories and sexual frequency were oftentimes initiated by Azeem who was wont to not only push the boundaries of their more-often-than-not G Rated insipid conversations but to also dismiss suggestions by Mr Murphy that perhaps some topics should not be discussed It should also be noted that Azeem not only discussed inter alia sex her physique her butt her breasts other Citigroup co-workers who allegedly desired her her alleged Willingness to give herself over to those desires etc with Mr Murphy but also with others at Citigroup as well Some of these individuals still work at the Company some do not Azeem clearly failed to disclose to Henriquez any and all of the above

bull Henriquez indicated that according to Azeem Mr Murphy had allegedly encouraged her not only to take drugs but moreover to allegedly take drugs with him In actuality as Mr Murphy explained to Henriquez Azeem confided to Mr Murphy that she had taken some drugs but not others because her fiance allegedly told her that she should not try cocaine for example because she was apparently ill-suited to it temperamentally Mr Murphys innocuous retort to Azeem was that she should make her own decisions in life By way of example as alluded to above Mr Murphy did not at that time (and does not at present)shymuch to Azeem s chagrin and constant complaints drink alcohol and he explained to Azeem on numerous occasions that everyone must make their own decisions in life just as he had vis-a-vis alcohol In sum Mr Murphy - who did not at that time (and does not at present) use drugs - never encouraged Azeem to take drugs much less with him and for her to have alleged otherwise was an egregiously delusive and slanderous misrepresentation It should also be noted that Azeem not only discussed inter alia sex her physique her butt her breasts other Citigroup co-workers who allegedly desired her her alleged willingness to give herself over to those desires etc with Mr Murphy and others at Citigroup but moreover she also undoubtedly discussed illicit druamp use with others at Citigroup as well Testimony from Azeem and others concerning the same shall be adduced at the evidentiary hearings in this matter and shall go a long way towards establishing the utter falsity ofAzeems allegations against Mr Murphy in respect of supposed drug instigation and otherwise Azeem clearly failed to disclose to Henriquez any and all of the above and her malicious utterances to the Company about Mr Murphys alleged drug instigation and inducement were bold-faced outright lies

32

bull Henriquez placed significant emphasis on the alleged sharing of confidential business information with Azeem In particular Henriquez referenced three (3) items during the Interrogation a) She indicated that Mr Murphy had allegedly shared details of other analysts ratings with Azeem and that he allegedly intervened to secure a higher rating for her b) she indicated that Mr Murphy had allegedly shared details ofa redundancy list with Azeem and c) she indicated that Mr Murphy had allegedly shared proprietary compensation information as well as his own compensation information with Azeem

With respect to ratingsAzeem raised the topic of analyst ratings with Mr Murphy At the time of said invocation she was already well informed of inter alia a) the state of affairs b) the ratings being considered for the various analysts and c) the contentious debate between her direct linear Supervisor and at least one other regarding her rating vis-a-vis that of the other analysts Mr Murphy had not been involved in those discussions up to that time and it was Azeem who was informing Mr Murphy of the situation - not the reverse Whether (and how) Azeem was able to cajole this information from her direct linear Supervisor or from others is something of which Mr Murphy has no knowledge whatsoever however suffice it to say that whatever information that Azeem may have received or garnered concerning other analysts ratings did not emanate from Mr Murphy Moreover Mr Murphy simply leant his support to Azeem receiving the very same rating that her direct linear Supervisor had I

~strongly recommended and for which her direct linear Supervisor was 1

already fighting and advocating I

I

I iWith respect to the redundancy list on or about Auampust 12014 during

a walk to the subway Azeem revealed to Mr Murphy that someone at Citigroup in Chicago had allegedly lost their job and she then queried Mr Murphy as to whether anyone on Citigroups SalesFutures team in New York was on the redundancy list To this end while on the subway under repetitive (and emotional) questioning from Azeem about inter alia ( a succession of individuals on the team Mr Murphys overt discomfort ~ concerning one (1) particular individual later gave rise to his truthful yet regrettable disclosure to Azeem that said individual was not on the final redundancy list For Azeem to have alleged suggested or implied that Mr Murphy had shared extensive details with her about the redundancy list is patently false and utterly chimerical Moreover Azeem clearly failed to mention to Henriquez that it was she who had probed Mr Murphy on this topic instead giving Henriquez the fallacious impression that Mr Murphy had simply offered-up details sua sponte and

33

With respect to compensation information on or about August 28 2014 Mr Murphy and Azeem had dinner at Boqueria in Soho (hereinafter the Boqueria Dinner) For some time prior Azeem had been commenting that she was likely to leave the securities industry and she seemed (or feigned) to have little insight into what she would be foregoing were she to leave the industry Based primarily upon publicly-available information gleaned from headhunters - which was (and is) available to anyone querying - Mr Murphy was able to a) provide compensation ranges to Azeem at this dinner for those above Azeem in the hierarchical titular chain of command i e compensation ranges for Vice-Presidents Directors and Managing Directors respectively and at a later date b) provide an exceedingly wide range based upon the thenshyprevailing market rate for the vacant EMEA Prime role For Azeem to have alleged suggested or implied that Mr Murphy was somehow disclosing proprietary or confidential information is absurd rather as noted above said information was (and is) easily obtainable from any number ofheadhunters concentrating in the securities industry In fact Azeem specifically confirmed that the ranges that Mr Murphy - based primarily upon publicly-available information gleaned from headhunters - had shared with her were entirely consistent and in line with what she had already gleaned from others It should also be noted that whereas Mr Murphy did disclose to Azeem his own compensation such was hardly sinister furtive or aberrational vis-a-vis common industry practice Whereas Mr Murphy was not in the habit of disclosing his compensation details to others discussions regarding compensation were (and are) commonplace at Citigroup and in the securities industry in generaL

34

iii AZEEMS SLANDEROUS RECITATION OF EVENTS IS REPLETE WITH OUTRIGHT LIES HALF-TRUTHS DISTORTIONS AND OMISSIONS

24 Based upon Henriquezs September 19 2014 interrogation of Mr Murphy it can be

stated beyond peradventure that Azeems recitation of events to Human Resources was replete

with outright lies half-truths distortions and omissions Put simply Azeem blatantly

maliciously and intentionally lied to amon2st others Human Resources and in doing so

she wilfully and incontrovertibly slandered Mr Murphy to wit

bull Azeem claimed that she told Mr Murphy on multiple occasions that

She wished to end their friendship and that he did not accept this and

Mr Murphy persisted in his attentions against her expressed preferences

These are outri2ht lies On the paucity of occasions whereupon Azeem expressly stated a desire to end her close friendship with Mr Murphy - the impetus for which was normally prompted by Citigroup colleagues commenting about said burgeoning friendship - Mr Murphy dutifully and unfailingly respected Azeems wishes However on multiple occasions after having suggested that they end their close friendship Azeem would then invariably reshyinitiate contact Moreover while sitting with Mr Murphy at the Path Station one evening towards the later stages oftheir close friendship Azeem expressly recognized that it was always she that had resuscitated their friendship after each such hiatus Azeems assertion to her co-workers that Mr Murphy allegedly failed to honor her expressed desire to end their friendship inter alia

Was (and is) immensely damaging to Mr Murphy

Has contributed significantly to the wreckage of Mr Murphys previously stellar career and reputation respectively and

Was (and is) a false statement of fact which Azeem knowingly and maliciously made

35

bull From some of Azeems earliest interactions with Citigroup co-workers she went out of her way to engage in edgy conversation To this end Azeem spoke not just freely and unencumberedly but also pro-actively about inter alia

Her body parts with her butt being a particular obsession

Sex (her sex life the sex life of others and sex in general respectively) and

Drugs (her drug use the drug use of others and drug use in general respectively)

In doing so she attracted the attention of numerous Citigroup co-workers with whom she might otherwise have had little to do however by her own admission she basked in and invited the attention

In her discussions with Citigroup Azeem cited a small number of stories that Mr Murphy had shared with her about his sex life however these stories were shared by Mr Murphy against a very specific back-drop ie

Azeem often initiated discussions about such matters I I r

Azeem shared numerous stories regarding her body parts and her sex life 1 respectively

Azeem repeated to Mr Murphy stories regarding sex that other Citigroup co-workers had confided in her

Azeem provided Mr Murphy with regular reassurance that she was happy discussing such matters which of course was not surprising insofar as it was she who often initiated such discussions and

Azeem routinely dismissed suggestions from Mr Murphy that they leave certain topics out-of-bounds

Hence Azeems presentation and depiction of herself to amongst others Human Resources as a supposedly obsequious subservient and embarrassed shrinking violet upon whom Mr Murphy merely capriciously and haphazardly foisted inappropriate stories is an act of outrageous dishonesty and subterfuge on Azeems part and one that is unsustainable and susceptible to complete refutation To this end the list ofCitigroup co-workers with whom Azeem discussed such matters is long and while many of these individuals are still at Citigroup others are not

36

bull Azeems assertion or suggestion that Mr Murphy was somehow harboring romantic feelings towards her was downright false As noted above Mr Murphy did not tell Azeem that he loved her or that he wanted to pursue a romantic relationship with her In fact Mr Murphy did not love Azeem nor did he want a romantic relationship with her Rather for much of the time he greatly enjoyed her company he found her interesting and funny and he deemed said feelings unusual given their age gap These were the only feelings that he had harbored towards her Strong feelings of close friendship yes but not sexual or romantic feelings of any kind Azeem oftentimes remarked to Mr Murphy that male friends in their twenties (20s) invariably expressed their romantic interest in her and she complained that Mr Murphy had never done so a topic she returned to at length on or about September 2 2014 (see below) and again a few days thereafter at the Jimmys Drinks In fact as time wore on Azeem continually prodded Mr Murphy into disclosing how he really felt towards her in response to which Mr Murphy consistently tried oftentimes unsuccessfully to divert and reshyorient the conversation In fact in the later stages of their close friendship Mr Murphy explicitly told Azeem on several occasions that he did not want to discuss feelings further and he suggested to Azeem on numerous occasions that I they would be better off speaking about feelings less often or not at all Over I time Azeem became obsessed with the perceived from her perspective eventuality and fait accompli that Mr Murphys feelings towards her - albeit non-romantic feelings of extremely close friendship - would ultimately fade and IAzeem perpetually reverted to this topic in her continued interactions with Mr Murphy Clearly Azeem falsely attributed statements to Mr Murphy that he f never made and she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion I

I t

I f f f i ~

t l I ~

J37

bull Azeems assertion or suggestion that the strictly platonic non-sexual extremely close friendship that she had with Mr Murphy was somehow one-sided was

downright false in fact not only did Azeem consistently compliment Mr Murphy i

and tell him inter alia

I How much she liked him IHow intelligent and quick witted that she perceived him to be

f [

How well-read she thought that he was fbull

How funny she viewed him to be and t IHow seamless and fluid their conversations seemed to be (at least in the

inception before she began repetitively cajoling him into revealing his I supposedly true feelings for her) I

but she was of course a willing and enthusiastic participant in and attendee at I their various friendly dinners and drinks outside of the office To this end as noted above when others commented to Azeem that she had supposedly become popular with Mr Murphy she at times expressed discomfort in response to Iwhich Mr Murphy invariably ceased immediately speaking with her However I as noted in great detail above in response to the immediate cessation of his visits I

K

to her desk Azeem - sua sponte and on her own volition - commenced visiting [

I IMr Murphy in his office Whereas as noted above Henriquez connoted a vague awareness of Azeems visits to Mr Murphys office Azeem had clearly not

advised her of the frequency or length thereof or at whose volition (hers) that they f were conducted As further noted above Azeem also clearly failed to apprise ~

Henriquez that after she began visiting Mr Murphy in his office he referenced Azeems previous concern about the perception of others and she stated that this no longer bothered her and that she wanted people to know that their friendship was mutual Azeem told Mr Murphy that she wanted to indicate to others via her conduct and actions that their friendship was mutual

38

bull On a paucity of occasions prior to the aforementioned Jimmys Drinks Azeem expressed to Mr Murphy her alleged discomfort andor unhappiness with her interactions with him as a result of comments that colleagues at the Company had made to her As alluded to above at times Azeem expressed discomfort with these comments however at other times she oscillated and indicated that she did not care what others thought Leaving these vacillations aside Azeem clearly failed to tell Henriquez that whenever she expressed a desire for a change in her interactions with Mr Murphy as a result of the comments that others were making he invariably immediately and respectfully adhered to her wishes and curtailed all contact As further alluded to above Azeem also clearly failed to tell Henriquez that the re-establishment of communications would always come at her behest and was therefore inevitable because Azeem unfailingly re-engaged with Mr Murphy

bull The initial dinner that Mr Murphy had with Azeem was on or about May 28 2014 at Walkers in Tribeca (hereinafter the Walkers Dinner) As noted above whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner Moreover prior to the Walkers Dinner Azeem had invited Mr Murphy to a risque play outside of the office Azeem clearly failed to tell Henriquez about this theater invite At this Walkers Dinner Azeem

Disclosed to Mr Murphy without provocation her sexual history

Questioned Mr Murphy about his own sexual history

Expressed her platonic feelings towards Mr Murphy and he expressed the exact same feelings towards her and

Exchanged text messages with Mr Murphy after the dinner indicating that she had had an enjoyable non-objectionable evening

Clearly Azeem willfully misrepresented the aforementioned conversations and omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

39

bull As noted above when Henriquez mentioned during the Interrogation that Azeem had allegedly been uncomfortable with a dinner many months prior - i e the Walkers Dinner - Mr Murphy conceded truthfully that whereas Azeem was extraordinarily content the evening thereof she had expressed regrets thereafter to which Mr Murphy apologized both verbally and later via a store-purchased card Azeem had revealed to Mr Murphy - but apparently not to Henriquez - that it was only after the dinner when she began allegedly feeling uncomfortable Incidentally again as noted above with respect to this Walkers Dinner whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner In any event perhaps having been in a relationship for roughly six (6) years that was becoming more serious and that later resulted in a marriage38

- Azeem had felt gUilty that she had spent the prior evening inter alia discussing her and another mans sexual histories Regardless of why she allegedly felt uncomfortable Mr Murphy was resolute to not making things uncomfortable for Azeem going forward and he immediately ceased contact with her However having discussed her alleged discomfort with Mr Murphy on or about June 2 2014 later that same week Azeem approached Mr Murphy in a flirtatious fashion and thereafter exchanged enthusiastic text messages with him thus resuscitating their platonic friendship Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about June 20 2014 following the recommendation by Azeem of a sexy racy video to Mr Murphy the two had dinner on the Upper West Side at Bocca di Bacco (hereinafter the Bocca di Bacco Dinner) In the aftermath thereof Mr Murphy and Azeem shared thoughts on inter alia a) a book that they were contemporaneously reading and b) a play that they had each seen separately Throughout the next few weeks Azeem seemed obsessed with ensuring that Mr Murphys platonic feelings towards her would not fade and the friendship between the two strengthened and intensified Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

38 Azeem was married subsequent to Mr Murphys Wrongful Termination

40

bull On or about June 27 2014 following some lighthearted conversation at a Starbucks39 in Tribeca Mr Murphy and Azeem went to Tre Sorelle on Reade Street in Tribeca At Starbucks Azeem had cancelled her dinner plans with a friend so that she could spend the evening with Mr Murphy Mr Murphy and Azeem then spent the next several hours at Tre SoreIle wherein Azeem became increasingly more and more inebriated (as noted above Mr Murphy did not at that time and does not at present drink alcohol) As Azeem became increasingly drunk she brushed her knees up against Mr Murphy (her self-proclaimed signature move) in a lascivious manner on several occasions during this evening (and on subsequent occasions at later dinnersoutings) exclaiming at a later outing that when she gets drunk she has a tendency to lean in In response Mr Murphy moved backwards and remarked that Azeem was becoming a bit unwieldy Upon the closing ofTre Sorelle Mr Murphy and Azeem went to another bar - Barrows Pub in the West Village - wherein they stayed for roughly one (1) hour En route to Barrows Pub Azeem exclaimed that she had big hands and suggested that Mr Murphy put the palm of his hand against hers (she made this suggestion a number of times subsequently as well) Upon leaving Barrows Pub Azeem remarked that it was unusual that Mr Murphy had never kissed her good-bye at the end of an evening whereupon they proceeded to innocently kiss one another on the cheek good-bye Clearly Azeem wiIIfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 2 2014 following a work event at Dylan Prime in Tribeca Mr Murphy and Azeem ended up staying for quite some time alone (although for a period oftime prior to being alone there were two 2 other Citigroup colleagues present who had occasion to observe Mr Murphys and Azeems extraordinarily amicable and genial interactions) Azeem - as she was wont to do - had a number of drinks and after becoming quite inebriated she not only confided to Mr Murphy that she liked him but she also doled out a number of flattering compliments to him Again as was the case on or about June 27 2014 at Tre SorelIe Azeem brushed her knees up against Mr Murphy in a libidinous manner and at Dylan Prime Azeem placed her two hands on Mr Murphys knees while talking to him Furthermore it was also at Dylan Prime wherein Azeem exclaimed that when she gets drunk she has a tendency to lean in She also confided to Mr Murphy that

39 On the comer of Reade Street and Broadway

41

She was oftentimes hung-over at work after evenings with friendscolleagues and

On one unfortunate occasion she had vomited at work after consuming too many drinks with a Citigroup client a happenstance that she had also shared with other Citigroup colleagues as well

At Dylan Prime Azeem drunkenly bragged to Mr Murphy that a number of men had allegedly professed their love for her in the past exclaiming that she even had two (2) men at that very time allegedly tell her that they loved her She also confided to Mr Murphy that a bevy of men would oftentimes ask her out to dinner not seeming to care that she had a significant other She even expressed trepidation that her looks would fade in time and if that were to hypothetically occur she bemoaned the fact that she would lose the ability to sway and manipulate men in the manner to which she had clearly grown adroitly

taccustomed After leaving Dylan Prime Azeem who appeared unsteady as a Iresult of overindulging in alcohol asked Mr Murphy if she could hold his arm He acquiesced but prudishly placed his hand in his pocket so as to avert any

I 1

accusations of impropriety (a gesture which seems ironic now) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 172014 at a work event at Citi Field in Queens Mr Murphy I and Azeem spent a considerable amount of time talking which engendered comments from a few of their colleagues Azeem was visibly annoyed as a result of these comments both with Mr Murphy and with herself Thereafter Mr Murphy while on vacation sent Azeem a number of text messages expressing his sadness concerning her alleged distress Following Mr Murphys return from vacation Azeem - who conveyed that she was having difficulties with her mother and was thus experiencing emotional turbulence and angst at home40

- suggested that she and Mr Murphy cease communications Mr Murphy of course dutifully and respectfully agreed yet again to cease communications To this end Mr Murphy as had been the case previously immediately ceased contact with Azeem however as was also the case previously it was Azeem who yet again reshyignited and resuscitated their friendship on her own volition On or about AU2ust 12014 Azeem on her own volition and without provocation

40 Azeem resided with her parents

42

Came to Mr Murphys office

Was all smiles

Chatted with Mr Murphy enthusiastically and

Then walked with Mr Murphy to the subway

On the ensuing walk Mr Murphy made it crystal clear that ifAzeem ever wanted to chat she could come to his office and that way she could regulate the time they spent together in the work environment to an amount which she deemed acceptable This was followed-up by a dinner at Les HaIles in the Financial District on or about August 112014 (hereinafter the Les HaIles Dinner) wherein Mr Murphy in light of Azeems alleged discomfort in the aftermath of the Walkers Dinner asked Azeem if she were comfortable with the Les HaIles Dinner conversation She responded emphatically that she was Clearly Azeem gave a patently false account of many of these events suggesting for example that it was Mr Murphy that had re-initiated their communications when in fact Azeem knew full well that she was always the one to re-institute communications And she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull On or about August 28 2014 Mr Murphy and Azeem had dinner at a tapas restaurant (again the Boqueria Dinner) thereafter several days later on or about September 2 2014 Mr Murphy and Azeem spent roughly four (4) hours together talking at the Path Station The conversation ranged from the mundane to Azeem boasting that when she had admirers in their twenties they eventually poured their hearts out to her and allegedly professed their love for her however she expressed incredulity that Mr Murphy had never done this She then went on to lament the fact that Mr Murphy had never expressed how he allegedly really felt towards her and during this four (4) hour conversation she was consistently cajoling and goading him into professing his supposed true feelings towards her Azeems statement to her Citigroup co-workers that Mr Murphy had allegedly told her that he loved her three (3) months earlier at the Walkers Dinner on May 282014 is pure fantasy insofar as inter alia

It never happened and moreover

If it had happened - which it did not - then why was Azeem pressing him on September 22014 in such close proximity to the cessation of their close friendship for a confession as to how he allegedly really felt

43

Clearly Azeem was lyinJ and moreover she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull As noted above at the Jimmys Drinks on or about September 5 2014 Azeem inter alia

Attempted without provocation on a myriad of occasions to induce and coerce Mr Murphy into revealing his true feelings for her which in actuality were feelings of extremely close friendship only In fact on a litany of prior occasions Azeem would try unsuccessfully to provoke confessions of romantic proclivities from Mr Murphy towards her These exhortations at the time appeared to be the innocuous acts of a selfshycentered insecure person yet after the events that have since transpired Azeem clearly had different intentions

Consumed without provocation an interminable amount of time discussing how attempts were made to recruit her as a swimsuit model and as a lip model respectively

Consumed without provocation an interminable amount of time discussing her efforts to get work as a fit model and the feedback that she had received regarding this ultimately failed effort

Boasted without provocation ad nauseum and gleefully about her breasts and how they were undoubtedly larger than Mr Murphy probably realized

Boasted without provocation that her breasts were so large that she did not require padding

Proclaimed without provocation that while her breasts were exceptional her butt was even better

Confided that she and her fiance were having sex every week a fact that she joyfully proclaimed and she also unprovoked shared her preferred lighting arrangements for the performance of said act

44

Thanked Mr Murphy for giving her the aforementioned Poetry Book As noted above Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it if it made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact as noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions shya practice to which Mr Murphy had invariably adhered following the Walkers Dinner - Azeem confirmed that

bull She was having no issues with their interactions and

bull She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential Imodeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc I

Put simply Azeems characterization of inter alia a) her interactions with Mr Murphy b) her attitude towards their relationship and c) her supposed discomfort with said relationship is wholly inconsistent and 100 incongruous with her behavior at the Jimmys Drinks Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that during her time studying medicine in Pakistan her driver would pass a particular spot each day and a policeman would be there leaning against his car looking at her in a wanton manner that she allegedly found offensive One day when the car was stuck in traffic she jumped out picked up a metal bar and proceeded to break the lights of the policemans car She said that he had a look ofgreat fear in his eyes which she found pleasing that intensified with each light that she subsequently broke Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion Mr Murphy does not know whether this strange tale is true or if Azeem simply made it up out ofwhole cloth which with

45

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

I 1 j

bull Henriquez queried as to whether Mr Murphy had given Azeem gifts to which Mr Murphy conceded truthfully that he had given her

I A grand total of three (3) paperback books36

I I bull The aforementioned Poetry Book

t bull How Fiction Works and

bull nA Passage to India37 and

I One $3 lip balm

I Henriquez focused specifically upon the Poetry Book in response to which Mr Murphy indicated that as set forth above - prior to giving Azeem said book at the Jimmys Drinks - he told Azeem that not only should she refuse it ifit made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it Mr Murphy further conveyed to Henriquez that Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it In addition Mr Murphy told Henriquez that he had given other colleagues (males) books during his tenure at the Company and that he had also generously with his own money purchased two (2) suits for two (2) junior male analysts at his previous employer Deutsche Bank during his tenure there gifts that were exponentially more expensive (roughly $500 per suit) than the three (3) books and $3 lip balm that he had purchased for Azeem Mr Murphy purchased these suits for these male analysts because he had grown up quite poor and had been on the receiving end of a number of vituperative remarks about his shoddy dress when he first entered the securities industry He never wanted anyone else to endure and suffer similar humiliation

36 As noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof

37 Mr Murphy suggested to Azeem that she could treat A Passage to India as a loan if she preferred she indicated that she would keep it

31

bull Henriquez queried as to a) whether Mr Murphy had told Azeem about his sexual history and b) whether Mr Murphy had disclosed to Azeem the present state of his sexual relations with his wife to which Mr Murphy conceded truthfully that he had however Azeem had clearly failed to disclose to Henriquez that on a myriad of occasions she had on her own volition and without provocation shared with Mr Murphy her own sexual history as well as the frequency of her sexual relations with her fiance and her preferred lighting arrangements in relation thereto In fact discussions centered on sexual histories and sexual frequency were oftentimes initiated by Azeem who was wont to not only push the boundaries of their more-often-than-not G Rated insipid conversations but to also dismiss suggestions by Mr Murphy that perhaps some topics should not be discussed It should also be noted that Azeem not only discussed inter alia sex her physique her butt her breasts other Citigroup co-workers who allegedly desired her her alleged Willingness to give herself over to those desires etc with Mr Murphy but also with others at Citigroup as well Some of these individuals still work at the Company some do not Azeem clearly failed to disclose to Henriquez any and all of the above

bull Henriquez indicated that according to Azeem Mr Murphy had allegedly encouraged her not only to take drugs but moreover to allegedly take drugs with him In actuality as Mr Murphy explained to Henriquez Azeem confided to Mr Murphy that she had taken some drugs but not others because her fiance allegedly told her that she should not try cocaine for example because she was apparently ill-suited to it temperamentally Mr Murphys innocuous retort to Azeem was that she should make her own decisions in life By way of example as alluded to above Mr Murphy did not at that time (and does not at present)shymuch to Azeem s chagrin and constant complaints drink alcohol and he explained to Azeem on numerous occasions that everyone must make their own decisions in life just as he had vis-a-vis alcohol In sum Mr Murphy - who did not at that time (and does not at present) use drugs - never encouraged Azeem to take drugs much less with him and for her to have alleged otherwise was an egregiously delusive and slanderous misrepresentation It should also be noted that Azeem not only discussed inter alia sex her physique her butt her breasts other Citigroup co-workers who allegedly desired her her alleged willingness to give herself over to those desires etc with Mr Murphy and others at Citigroup but moreover she also undoubtedly discussed illicit druamp use with others at Citigroup as well Testimony from Azeem and others concerning the same shall be adduced at the evidentiary hearings in this matter and shall go a long way towards establishing the utter falsity ofAzeems allegations against Mr Murphy in respect of supposed drug instigation and otherwise Azeem clearly failed to disclose to Henriquez any and all of the above and her malicious utterances to the Company about Mr Murphys alleged drug instigation and inducement were bold-faced outright lies

32

bull Henriquez placed significant emphasis on the alleged sharing of confidential business information with Azeem In particular Henriquez referenced three (3) items during the Interrogation a) She indicated that Mr Murphy had allegedly shared details of other analysts ratings with Azeem and that he allegedly intervened to secure a higher rating for her b) she indicated that Mr Murphy had allegedly shared details ofa redundancy list with Azeem and c) she indicated that Mr Murphy had allegedly shared proprietary compensation information as well as his own compensation information with Azeem

With respect to ratingsAzeem raised the topic of analyst ratings with Mr Murphy At the time of said invocation she was already well informed of inter alia a) the state of affairs b) the ratings being considered for the various analysts and c) the contentious debate between her direct linear Supervisor and at least one other regarding her rating vis-a-vis that of the other analysts Mr Murphy had not been involved in those discussions up to that time and it was Azeem who was informing Mr Murphy of the situation - not the reverse Whether (and how) Azeem was able to cajole this information from her direct linear Supervisor or from others is something of which Mr Murphy has no knowledge whatsoever however suffice it to say that whatever information that Azeem may have received or garnered concerning other analysts ratings did not emanate from Mr Murphy Moreover Mr Murphy simply leant his support to Azeem receiving the very same rating that her direct linear Supervisor had I

~strongly recommended and for which her direct linear Supervisor was 1

already fighting and advocating I

I

I iWith respect to the redundancy list on or about Auampust 12014 during

a walk to the subway Azeem revealed to Mr Murphy that someone at Citigroup in Chicago had allegedly lost their job and she then queried Mr Murphy as to whether anyone on Citigroups SalesFutures team in New York was on the redundancy list To this end while on the subway under repetitive (and emotional) questioning from Azeem about inter alia ( a succession of individuals on the team Mr Murphys overt discomfort ~ concerning one (1) particular individual later gave rise to his truthful yet regrettable disclosure to Azeem that said individual was not on the final redundancy list For Azeem to have alleged suggested or implied that Mr Murphy had shared extensive details with her about the redundancy list is patently false and utterly chimerical Moreover Azeem clearly failed to mention to Henriquez that it was she who had probed Mr Murphy on this topic instead giving Henriquez the fallacious impression that Mr Murphy had simply offered-up details sua sponte and

33

With respect to compensation information on or about August 28 2014 Mr Murphy and Azeem had dinner at Boqueria in Soho (hereinafter the Boqueria Dinner) For some time prior Azeem had been commenting that she was likely to leave the securities industry and she seemed (or feigned) to have little insight into what she would be foregoing were she to leave the industry Based primarily upon publicly-available information gleaned from headhunters - which was (and is) available to anyone querying - Mr Murphy was able to a) provide compensation ranges to Azeem at this dinner for those above Azeem in the hierarchical titular chain of command i e compensation ranges for Vice-Presidents Directors and Managing Directors respectively and at a later date b) provide an exceedingly wide range based upon the thenshyprevailing market rate for the vacant EMEA Prime role For Azeem to have alleged suggested or implied that Mr Murphy was somehow disclosing proprietary or confidential information is absurd rather as noted above said information was (and is) easily obtainable from any number ofheadhunters concentrating in the securities industry In fact Azeem specifically confirmed that the ranges that Mr Murphy - based primarily upon publicly-available information gleaned from headhunters - had shared with her were entirely consistent and in line with what she had already gleaned from others It should also be noted that whereas Mr Murphy did disclose to Azeem his own compensation such was hardly sinister furtive or aberrational vis-a-vis common industry practice Whereas Mr Murphy was not in the habit of disclosing his compensation details to others discussions regarding compensation were (and are) commonplace at Citigroup and in the securities industry in generaL

34

iii AZEEMS SLANDEROUS RECITATION OF EVENTS IS REPLETE WITH OUTRIGHT LIES HALF-TRUTHS DISTORTIONS AND OMISSIONS

24 Based upon Henriquezs September 19 2014 interrogation of Mr Murphy it can be

stated beyond peradventure that Azeems recitation of events to Human Resources was replete

with outright lies half-truths distortions and omissions Put simply Azeem blatantly

maliciously and intentionally lied to amon2st others Human Resources and in doing so

she wilfully and incontrovertibly slandered Mr Murphy to wit

bull Azeem claimed that she told Mr Murphy on multiple occasions that

She wished to end their friendship and that he did not accept this and

Mr Murphy persisted in his attentions against her expressed preferences

These are outri2ht lies On the paucity of occasions whereupon Azeem expressly stated a desire to end her close friendship with Mr Murphy - the impetus for which was normally prompted by Citigroup colleagues commenting about said burgeoning friendship - Mr Murphy dutifully and unfailingly respected Azeems wishes However on multiple occasions after having suggested that they end their close friendship Azeem would then invariably reshyinitiate contact Moreover while sitting with Mr Murphy at the Path Station one evening towards the later stages oftheir close friendship Azeem expressly recognized that it was always she that had resuscitated their friendship after each such hiatus Azeems assertion to her co-workers that Mr Murphy allegedly failed to honor her expressed desire to end their friendship inter alia

Was (and is) immensely damaging to Mr Murphy

Has contributed significantly to the wreckage of Mr Murphys previously stellar career and reputation respectively and

Was (and is) a false statement of fact which Azeem knowingly and maliciously made

35

bull From some of Azeems earliest interactions with Citigroup co-workers she went out of her way to engage in edgy conversation To this end Azeem spoke not just freely and unencumberedly but also pro-actively about inter alia

Her body parts with her butt being a particular obsession

Sex (her sex life the sex life of others and sex in general respectively) and

Drugs (her drug use the drug use of others and drug use in general respectively)

In doing so she attracted the attention of numerous Citigroup co-workers with whom she might otherwise have had little to do however by her own admission she basked in and invited the attention

In her discussions with Citigroup Azeem cited a small number of stories that Mr Murphy had shared with her about his sex life however these stories were shared by Mr Murphy against a very specific back-drop ie

Azeem often initiated discussions about such matters I I r

Azeem shared numerous stories regarding her body parts and her sex life 1 respectively

Azeem repeated to Mr Murphy stories regarding sex that other Citigroup co-workers had confided in her

Azeem provided Mr Murphy with regular reassurance that she was happy discussing such matters which of course was not surprising insofar as it was she who often initiated such discussions and

Azeem routinely dismissed suggestions from Mr Murphy that they leave certain topics out-of-bounds

Hence Azeems presentation and depiction of herself to amongst others Human Resources as a supposedly obsequious subservient and embarrassed shrinking violet upon whom Mr Murphy merely capriciously and haphazardly foisted inappropriate stories is an act of outrageous dishonesty and subterfuge on Azeems part and one that is unsustainable and susceptible to complete refutation To this end the list ofCitigroup co-workers with whom Azeem discussed such matters is long and while many of these individuals are still at Citigroup others are not

36

bull Azeems assertion or suggestion that Mr Murphy was somehow harboring romantic feelings towards her was downright false As noted above Mr Murphy did not tell Azeem that he loved her or that he wanted to pursue a romantic relationship with her In fact Mr Murphy did not love Azeem nor did he want a romantic relationship with her Rather for much of the time he greatly enjoyed her company he found her interesting and funny and he deemed said feelings unusual given their age gap These were the only feelings that he had harbored towards her Strong feelings of close friendship yes but not sexual or romantic feelings of any kind Azeem oftentimes remarked to Mr Murphy that male friends in their twenties (20s) invariably expressed their romantic interest in her and she complained that Mr Murphy had never done so a topic she returned to at length on or about September 2 2014 (see below) and again a few days thereafter at the Jimmys Drinks In fact as time wore on Azeem continually prodded Mr Murphy into disclosing how he really felt towards her in response to which Mr Murphy consistently tried oftentimes unsuccessfully to divert and reshyorient the conversation In fact in the later stages of their close friendship Mr Murphy explicitly told Azeem on several occasions that he did not want to discuss feelings further and he suggested to Azeem on numerous occasions that I they would be better off speaking about feelings less often or not at all Over I time Azeem became obsessed with the perceived from her perspective eventuality and fait accompli that Mr Murphys feelings towards her - albeit non-romantic feelings of extremely close friendship - would ultimately fade and IAzeem perpetually reverted to this topic in her continued interactions with Mr Murphy Clearly Azeem falsely attributed statements to Mr Murphy that he f never made and she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion I

I t

I f f f i ~

t l I ~

J37

bull Azeems assertion or suggestion that the strictly platonic non-sexual extremely close friendship that she had with Mr Murphy was somehow one-sided was

downright false in fact not only did Azeem consistently compliment Mr Murphy i

and tell him inter alia

I How much she liked him IHow intelligent and quick witted that she perceived him to be

f [

How well-read she thought that he was fbull

How funny she viewed him to be and t IHow seamless and fluid their conversations seemed to be (at least in the

inception before she began repetitively cajoling him into revealing his I supposedly true feelings for her) I

but she was of course a willing and enthusiastic participant in and attendee at I their various friendly dinners and drinks outside of the office To this end as noted above when others commented to Azeem that she had supposedly become popular with Mr Murphy she at times expressed discomfort in response to Iwhich Mr Murphy invariably ceased immediately speaking with her However I as noted in great detail above in response to the immediate cessation of his visits I

K

to her desk Azeem - sua sponte and on her own volition - commenced visiting [

I IMr Murphy in his office Whereas as noted above Henriquez connoted a vague awareness of Azeems visits to Mr Murphys office Azeem had clearly not

advised her of the frequency or length thereof or at whose volition (hers) that they f were conducted As further noted above Azeem also clearly failed to apprise ~

Henriquez that after she began visiting Mr Murphy in his office he referenced Azeems previous concern about the perception of others and she stated that this no longer bothered her and that she wanted people to know that their friendship was mutual Azeem told Mr Murphy that she wanted to indicate to others via her conduct and actions that their friendship was mutual

38

bull On a paucity of occasions prior to the aforementioned Jimmys Drinks Azeem expressed to Mr Murphy her alleged discomfort andor unhappiness with her interactions with him as a result of comments that colleagues at the Company had made to her As alluded to above at times Azeem expressed discomfort with these comments however at other times she oscillated and indicated that she did not care what others thought Leaving these vacillations aside Azeem clearly failed to tell Henriquez that whenever she expressed a desire for a change in her interactions with Mr Murphy as a result of the comments that others were making he invariably immediately and respectfully adhered to her wishes and curtailed all contact As further alluded to above Azeem also clearly failed to tell Henriquez that the re-establishment of communications would always come at her behest and was therefore inevitable because Azeem unfailingly re-engaged with Mr Murphy

bull The initial dinner that Mr Murphy had with Azeem was on or about May 28 2014 at Walkers in Tribeca (hereinafter the Walkers Dinner) As noted above whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner Moreover prior to the Walkers Dinner Azeem had invited Mr Murphy to a risque play outside of the office Azeem clearly failed to tell Henriquez about this theater invite At this Walkers Dinner Azeem

Disclosed to Mr Murphy without provocation her sexual history

Questioned Mr Murphy about his own sexual history

Expressed her platonic feelings towards Mr Murphy and he expressed the exact same feelings towards her and

Exchanged text messages with Mr Murphy after the dinner indicating that she had had an enjoyable non-objectionable evening

Clearly Azeem willfully misrepresented the aforementioned conversations and omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

39

bull As noted above when Henriquez mentioned during the Interrogation that Azeem had allegedly been uncomfortable with a dinner many months prior - i e the Walkers Dinner - Mr Murphy conceded truthfully that whereas Azeem was extraordinarily content the evening thereof she had expressed regrets thereafter to which Mr Murphy apologized both verbally and later via a store-purchased card Azeem had revealed to Mr Murphy - but apparently not to Henriquez - that it was only after the dinner when she began allegedly feeling uncomfortable Incidentally again as noted above with respect to this Walkers Dinner whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner In any event perhaps having been in a relationship for roughly six (6) years that was becoming more serious and that later resulted in a marriage38

- Azeem had felt gUilty that she had spent the prior evening inter alia discussing her and another mans sexual histories Regardless of why she allegedly felt uncomfortable Mr Murphy was resolute to not making things uncomfortable for Azeem going forward and he immediately ceased contact with her However having discussed her alleged discomfort with Mr Murphy on or about June 2 2014 later that same week Azeem approached Mr Murphy in a flirtatious fashion and thereafter exchanged enthusiastic text messages with him thus resuscitating their platonic friendship Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about June 20 2014 following the recommendation by Azeem of a sexy racy video to Mr Murphy the two had dinner on the Upper West Side at Bocca di Bacco (hereinafter the Bocca di Bacco Dinner) In the aftermath thereof Mr Murphy and Azeem shared thoughts on inter alia a) a book that they were contemporaneously reading and b) a play that they had each seen separately Throughout the next few weeks Azeem seemed obsessed with ensuring that Mr Murphys platonic feelings towards her would not fade and the friendship between the two strengthened and intensified Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

38 Azeem was married subsequent to Mr Murphys Wrongful Termination

40

bull On or about June 27 2014 following some lighthearted conversation at a Starbucks39 in Tribeca Mr Murphy and Azeem went to Tre Sorelle on Reade Street in Tribeca At Starbucks Azeem had cancelled her dinner plans with a friend so that she could spend the evening with Mr Murphy Mr Murphy and Azeem then spent the next several hours at Tre SoreIle wherein Azeem became increasingly more and more inebriated (as noted above Mr Murphy did not at that time and does not at present drink alcohol) As Azeem became increasingly drunk she brushed her knees up against Mr Murphy (her self-proclaimed signature move) in a lascivious manner on several occasions during this evening (and on subsequent occasions at later dinnersoutings) exclaiming at a later outing that when she gets drunk she has a tendency to lean in In response Mr Murphy moved backwards and remarked that Azeem was becoming a bit unwieldy Upon the closing ofTre Sorelle Mr Murphy and Azeem went to another bar - Barrows Pub in the West Village - wherein they stayed for roughly one (1) hour En route to Barrows Pub Azeem exclaimed that she had big hands and suggested that Mr Murphy put the palm of his hand against hers (she made this suggestion a number of times subsequently as well) Upon leaving Barrows Pub Azeem remarked that it was unusual that Mr Murphy had never kissed her good-bye at the end of an evening whereupon they proceeded to innocently kiss one another on the cheek good-bye Clearly Azeem wiIIfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 2 2014 following a work event at Dylan Prime in Tribeca Mr Murphy and Azeem ended up staying for quite some time alone (although for a period oftime prior to being alone there were two 2 other Citigroup colleagues present who had occasion to observe Mr Murphys and Azeems extraordinarily amicable and genial interactions) Azeem - as she was wont to do - had a number of drinks and after becoming quite inebriated she not only confided to Mr Murphy that she liked him but she also doled out a number of flattering compliments to him Again as was the case on or about June 27 2014 at Tre SorelIe Azeem brushed her knees up against Mr Murphy in a libidinous manner and at Dylan Prime Azeem placed her two hands on Mr Murphys knees while talking to him Furthermore it was also at Dylan Prime wherein Azeem exclaimed that when she gets drunk she has a tendency to lean in She also confided to Mr Murphy that

39 On the comer of Reade Street and Broadway

41

She was oftentimes hung-over at work after evenings with friendscolleagues and

On one unfortunate occasion she had vomited at work after consuming too many drinks with a Citigroup client a happenstance that she had also shared with other Citigroup colleagues as well

At Dylan Prime Azeem drunkenly bragged to Mr Murphy that a number of men had allegedly professed their love for her in the past exclaiming that she even had two (2) men at that very time allegedly tell her that they loved her She also confided to Mr Murphy that a bevy of men would oftentimes ask her out to dinner not seeming to care that she had a significant other She even expressed trepidation that her looks would fade in time and if that were to hypothetically occur she bemoaned the fact that she would lose the ability to sway and manipulate men in the manner to which she had clearly grown adroitly

taccustomed After leaving Dylan Prime Azeem who appeared unsteady as a Iresult of overindulging in alcohol asked Mr Murphy if she could hold his arm He acquiesced but prudishly placed his hand in his pocket so as to avert any

I 1

accusations of impropriety (a gesture which seems ironic now) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 172014 at a work event at Citi Field in Queens Mr Murphy I and Azeem spent a considerable amount of time talking which engendered comments from a few of their colleagues Azeem was visibly annoyed as a result of these comments both with Mr Murphy and with herself Thereafter Mr Murphy while on vacation sent Azeem a number of text messages expressing his sadness concerning her alleged distress Following Mr Murphys return from vacation Azeem - who conveyed that she was having difficulties with her mother and was thus experiencing emotional turbulence and angst at home40

- suggested that she and Mr Murphy cease communications Mr Murphy of course dutifully and respectfully agreed yet again to cease communications To this end Mr Murphy as had been the case previously immediately ceased contact with Azeem however as was also the case previously it was Azeem who yet again reshyignited and resuscitated their friendship on her own volition On or about AU2ust 12014 Azeem on her own volition and without provocation

40 Azeem resided with her parents

42

Came to Mr Murphys office

Was all smiles

Chatted with Mr Murphy enthusiastically and

Then walked with Mr Murphy to the subway

On the ensuing walk Mr Murphy made it crystal clear that ifAzeem ever wanted to chat she could come to his office and that way she could regulate the time they spent together in the work environment to an amount which she deemed acceptable This was followed-up by a dinner at Les HaIles in the Financial District on or about August 112014 (hereinafter the Les HaIles Dinner) wherein Mr Murphy in light of Azeems alleged discomfort in the aftermath of the Walkers Dinner asked Azeem if she were comfortable with the Les HaIles Dinner conversation She responded emphatically that she was Clearly Azeem gave a patently false account of many of these events suggesting for example that it was Mr Murphy that had re-initiated their communications when in fact Azeem knew full well that she was always the one to re-institute communications And she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull On or about August 28 2014 Mr Murphy and Azeem had dinner at a tapas restaurant (again the Boqueria Dinner) thereafter several days later on or about September 2 2014 Mr Murphy and Azeem spent roughly four (4) hours together talking at the Path Station The conversation ranged from the mundane to Azeem boasting that when she had admirers in their twenties they eventually poured their hearts out to her and allegedly professed their love for her however she expressed incredulity that Mr Murphy had never done this She then went on to lament the fact that Mr Murphy had never expressed how he allegedly really felt towards her and during this four (4) hour conversation she was consistently cajoling and goading him into professing his supposed true feelings towards her Azeems statement to her Citigroup co-workers that Mr Murphy had allegedly told her that he loved her three (3) months earlier at the Walkers Dinner on May 282014 is pure fantasy insofar as inter alia

It never happened and moreover

If it had happened - which it did not - then why was Azeem pressing him on September 22014 in such close proximity to the cessation of their close friendship for a confession as to how he allegedly really felt

43

Clearly Azeem was lyinJ and moreover she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull As noted above at the Jimmys Drinks on or about September 5 2014 Azeem inter alia

Attempted without provocation on a myriad of occasions to induce and coerce Mr Murphy into revealing his true feelings for her which in actuality were feelings of extremely close friendship only In fact on a litany of prior occasions Azeem would try unsuccessfully to provoke confessions of romantic proclivities from Mr Murphy towards her These exhortations at the time appeared to be the innocuous acts of a selfshycentered insecure person yet after the events that have since transpired Azeem clearly had different intentions

Consumed without provocation an interminable amount of time discussing how attempts were made to recruit her as a swimsuit model and as a lip model respectively

Consumed without provocation an interminable amount of time discussing her efforts to get work as a fit model and the feedback that she had received regarding this ultimately failed effort

Boasted without provocation ad nauseum and gleefully about her breasts and how they were undoubtedly larger than Mr Murphy probably realized

Boasted without provocation that her breasts were so large that she did not require padding

Proclaimed without provocation that while her breasts were exceptional her butt was even better

Confided that she and her fiance were having sex every week a fact that she joyfully proclaimed and she also unprovoked shared her preferred lighting arrangements for the performance of said act

44

Thanked Mr Murphy for giving her the aforementioned Poetry Book As noted above Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it if it made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact as noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions shya practice to which Mr Murphy had invariably adhered following the Walkers Dinner - Azeem confirmed that

bull She was having no issues with their interactions and

bull She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential Imodeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc I

Put simply Azeems characterization of inter alia a) her interactions with Mr Murphy b) her attitude towards their relationship and c) her supposed discomfort with said relationship is wholly inconsistent and 100 incongruous with her behavior at the Jimmys Drinks Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that during her time studying medicine in Pakistan her driver would pass a particular spot each day and a policeman would be there leaning against his car looking at her in a wanton manner that she allegedly found offensive One day when the car was stuck in traffic she jumped out picked up a metal bar and proceeded to break the lights of the policemans car She said that he had a look ofgreat fear in his eyes which she found pleasing that intensified with each light that she subsequently broke Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion Mr Murphy does not know whether this strange tale is true or if Azeem simply made it up out ofwhole cloth which with

45

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

bull Henriquez queried as to a) whether Mr Murphy had told Azeem about his sexual history and b) whether Mr Murphy had disclosed to Azeem the present state of his sexual relations with his wife to which Mr Murphy conceded truthfully that he had however Azeem had clearly failed to disclose to Henriquez that on a myriad of occasions she had on her own volition and without provocation shared with Mr Murphy her own sexual history as well as the frequency of her sexual relations with her fiance and her preferred lighting arrangements in relation thereto In fact discussions centered on sexual histories and sexual frequency were oftentimes initiated by Azeem who was wont to not only push the boundaries of their more-often-than-not G Rated insipid conversations but to also dismiss suggestions by Mr Murphy that perhaps some topics should not be discussed It should also be noted that Azeem not only discussed inter alia sex her physique her butt her breasts other Citigroup co-workers who allegedly desired her her alleged Willingness to give herself over to those desires etc with Mr Murphy but also with others at Citigroup as well Some of these individuals still work at the Company some do not Azeem clearly failed to disclose to Henriquez any and all of the above

bull Henriquez indicated that according to Azeem Mr Murphy had allegedly encouraged her not only to take drugs but moreover to allegedly take drugs with him In actuality as Mr Murphy explained to Henriquez Azeem confided to Mr Murphy that she had taken some drugs but not others because her fiance allegedly told her that she should not try cocaine for example because she was apparently ill-suited to it temperamentally Mr Murphys innocuous retort to Azeem was that she should make her own decisions in life By way of example as alluded to above Mr Murphy did not at that time (and does not at present)shymuch to Azeem s chagrin and constant complaints drink alcohol and he explained to Azeem on numerous occasions that everyone must make their own decisions in life just as he had vis-a-vis alcohol In sum Mr Murphy - who did not at that time (and does not at present) use drugs - never encouraged Azeem to take drugs much less with him and for her to have alleged otherwise was an egregiously delusive and slanderous misrepresentation It should also be noted that Azeem not only discussed inter alia sex her physique her butt her breasts other Citigroup co-workers who allegedly desired her her alleged willingness to give herself over to those desires etc with Mr Murphy and others at Citigroup but moreover she also undoubtedly discussed illicit druamp use with others at Citigroup as well Testimony from Azeem and others concerning the same shall be adduced at the evidentiary hearings in this matter and shall go a long way towards establishing the utter falsity ofAzeems allegations against Mr Murphy in respect of supposed drug instigation and otherwise Azeem clearly failed to disclose to Henriquez any and all of the above and her malicious utterances to the Company about Mr Murphys alleged drug instigation and inducement were bold-faced outright lies

32

bull Henriquez placed significant emphasis on the alleged sharing of confidential business information with Azeem In particular Henriquez referenced three (3) items during the Interrogation a) She indicated that Mr Murphy had allegedly shared details of other analysts ratings with Azeem and that he allegedly intervened to secure a higher rating for her b) she indicated that Mr Murphy had allegedly shared details ofa redundancy list with Azeem and c) she indicated that Mr Murphy had allegedly shared proprietary compensation information as well as his own compensation information with Azeem

With respect to ratingsAzeem raised the topic of analyst ratings with Mr Murphy At the time of said invocation she was already well informed of inter alia a) the state of affairs b) the ratings being considered for the various analysts and c) the contentious debate between her direct linear Supervisor and at least one other regarding her rating vis-a-vis that of the other analysts Mr Murphy had not been involved in those discussions up to that time and it was Azeem who was informing Mr Murphy of the situation - not the reverse Whether (and how) Azeem was able to cajole this information from her direct linear Supervisor or from others is something of which Mr Murphy has no knowledge whatsoever however suffice it to say that whatever information that Azeem may have received or garnered concerning other analysts ratings did not emanate from Mr Murphy Moreover Mr Murphy simply leant his support to Azeem receiving the very same rating that her direct linear Supervisor had I

~strongly recommended and for which her direct linear Supervisor was 1

already fighting and advocating I

I

I iWith respect to the redundancy list on or about Auampust 12014 during

a walk to the subway Azeem revealed to Mr Murphy that someone at Citigroup in Chicago had allegedly lost their job and she then queried Mr Murphy as to whether anyone on Citigroups SalesFutures team in New York was on the redundancy list To this end while on the subway under repetitive (and emotional) questioning from Azeem about inter alia ( a succession of individuals on the team Mr Murphys overt discomfort ~ concerning one (1) particular individual later gave rise to his truthful yet regrettable disclosure to Azeem that said individual was not on the final redundancy list For Azeem to have alleged suggested or implied that Mr Murphy had shared extensive details with her about the redundancy list is patently false and utterly chimerical Moreover Azeem clearly failed to mention to Henriquez that it was she who had probed Mr Murphy on this topic instead giving Henriquez the fallacious impression that Mr Murphy had simply offered-up details sua sponte and

33

With respect to compensation information on or about August 28 2014 Mr Murphy and Azeem had dinner at Boqueria in Soho (hereinafter the Boqueria Dinner) For some time prior Azeem had been commenting that she was likely to leave the securities industry and she seemed (or feigned) to have little insight into what she would be foregoing were she to leave the industry Based primarily upon publicly-available information gleaned from headhunters - which was (and is) available to anyone querying - Mr Murphy was able to a) provide compensation ranges to Azeem at this dinner for those above Azeem in the hierarchical titular chain of command i e compensation ranges for Vice-Presidents Directors and Managing Directors respectively and at a later date b) provide an exceedingly wide range based upon the thenshyprevailing market rate for the vacant EMEA Prime role For Azeem to have alleged suggested or implied that Mr Murphy was somehow disclosing proprietary or confidential information is absurd rather as noted above said information was (and is) easily obtainable from any number ofheadhunters concentrating in the securities industry In fact Azeem specifically confirmed that the ranges that Mr Murphy - based primarily upon publicly-available information gleaned from headhunters - had shared with her were entirely consistent and in line with what she had already gleaned from others It should also be noted that whereas Mr Murphy did disclose to Azeem his own compensation such was hardly sinister furtive or aberrational vis-a-vis common industry practice Whereas Mr Murphy was not in the habit of disclosing his compensation details to others discussions regarding compensation were (and are) commonplace at Citigroup and in the securities industry in generaL

34

iii AZEEMS SLANDEROUS RECITATION OF EVENTS IS REPLETE WITH OUTRIGHT LIES HALF-TRUTHS DISTORTIONS AND OMISSIONS

24 Based upon Henriquezs September 19 2014 interrogation of Mr Murphy it can be

stated beyond peradventure that Azeems recitation of events to Human Resources was replete

with outright lies half-truths distortions and omissions Put simply Azeem blatantly

maliciously and intentionally lied to amon2st others Human Resources and in doing so

she wilfully and incontrovertibly slandered Mr Murphy to wit

bull Azeem claimed that she told Mr Murphy on multiple occasions that

She wished to end their friendship and that he did not accept this and

Mr Murphy persisted in his attentions against her expressed preferences

These are outri2ht lies On the paucity of occasions whereupon Azeem expressly stated a desire to end her close friendship with Mr Murphy - the impetus for which was normally prompted by Citigroup colleagues commenting about said burgeoning friendship - Mr Murphy dutifully and unfailingly respected Azeems wishes However on multiple occasions after having suggested that they end their close friendship Azeem would then invariably reshyinitiate contact Moreover while sitting with Mr Murphy at the Path Station one evening towards the later stages oftheir close friendship Azeem expressly recognized that it was always she that had resuscitated their friendship after each such hiatus Azeems assertion to her co-workers that Mr Murphy allegedly failed to honor her expressed desire to end their friendship inter alia

Was (and is) immensely damaging to Mr Murphy

Has contributed significantly to the wreckage of Mr Murphys previously stellar career and reputation respectively and

Was (and is) a false statement of fact which Azeem knowingly and maliciously made

35

bull From some of Azeems earliest interactions with Citigroup co-workers she went out of her way to engage in edgy conversation To this end Azeem spoke not just freely and unencumberedly but also pro-actively about inter alia

Her body parts with her butt being a particular obsession

Sex (her sex life the sex life of others and sex in general respectively) and

Drugs (her drug use the drug use of others and drug use in general respectively)

In doing so she attracted the attention of numerous Citigroup co-workers with whom she might otherwise have had little to do however by her own admission she basked in and invited the attention

In her discussions with Citigroup Azeem cited a small number of stories that Mr Murphy had shared with her about his sex life however these stories were shared by Mr Murphy against a very specific back-drop ie

Azeem often initiated discussions about such matters I I r

Azeem shared numerous stories regarding her body parts and her sex life 1 respectively

Azeem repeated to Mr Murphy stories regarding sex that other Citigroup co-workers had confided in her

Azeem provided Mr Murphy with regular reassurance that she was happy discussing such matters which of course was not surprising insofar as it was she who often initiated such discussions and

Azeem routinely dismissed suggestions from Mr Murphy that they leave certain topics out-of-bounds

Hence Azeems presentation and depiction of herself to amongst others Human Resources as a supposedly obsequious subservient and embarrassed shrinking violet upon whom Mr Murphy merely capriciously and haphazardly foisted inappropriate stories is an act of outrageous dishonesty and subterfuge on Azeems part and one that is unsustainable and susceptible to complete refutation To this end the list ofCitigroup co-workers with whom Azeem discussed such matters is long and while many of these individuals are still at Citigroup others are not

36

bull Azeems assertion or suggestion that Mr Murphy was somehow harboring romantic feelings towards her was downright false As noted above Mr Murphy did not tell Azeem that he loved her or that he wanted to pursue a romantic relationship with her In fact Mr Murphy did not love Azeem nor did he want a romantic relationship with her Rather for much of the time he greatly enjoyed her company he found her interesting and funny and he deemed said feelings unusual given their age gap These were the only feelings that he had harbored towards her Strong feelings of close friendship yes but not sexual or romantic feelings of any kind Azeem oftentimes remarked to Mr Murphy that male friends in their twenties (20s) invariably expressed their romantic interest in her and she complained that Mr Murphy had never done so a topic she returned to at length on or about September 2 2014 (see below) and again a few days thereafter at the Jimmys Drinks In fact as time wore on Azeem continually prodded Mr Murphy into disclosing how he really felt towards her in response to which Mr Murphy consistently tried oftentimes unsuccessfully to divert and reshyorient the conversation In fact in the later stages of their close friendship Mr Murphy explicitly told Azeem on several occasions that he did not want to discuss feelings further and he suggested to Azeem on numerous occasions that I they would be better off speaking about feelings less often or not at all Over I time Azeem became obsessed with the perceived from her perspective eventuality and fait accompli that Mr Murphys feelings towards her - albeit non-romantic feelings of extremely close friendship - would ultimately fade and IAzeem perpetually reverted to this topic in her continued interactions with Mr Murphy Clearly Azeem falsely attributed statements to Mr Murphy that he f never made and she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion I

I t

I f f f i ~

t l I ~

J37

bull Azeems assertion or suggestion that the strictly platonic non-sexual extremely close friendship that she had with Mr Murphy was somehow one-sided was

downright false in fact not only did Azeem consistently compliment Mr Murphy i

and tell him inter alia

I How much she liked him IHow intelligent and quick witted that she perceived him to be

f [

How well-read she thought that he was fbull

How funny she viewed him to be and t IHow seamless and fluid their conversations seemed to be (at least in the

inception before she began repetitively cajoling him into revealing his I supposedly true feelings for her) I

but she was of course a willing and enthusiastic participant in and attendee at I their various friendly dinners and drinks outside of the office To this end as noted above when others commented to Azeem that she had supposedly become popular with Mr Murphy she at times expressed discomfort in response to Iwhich Mr Murphy invariably ceased immediately speaking with her However I as noted in great detail above in response to the immediate cessation of his visits I

K

to her desk Azeem - sua sponte and on her own volition - commenced visiting [

I IMr Murphy in his office Whereas as noted above Henriquez connoted a vague awareness of Azeems visits to Mr Murphys office Azeem had clearly not

advised her of the frequency or length thereof or at whose volition (hers) that they f were conducted As further noted above Azeem also clearly failed to apprise ~

Henriquez that after she began visiting Mr Murphy in his office he referenced Azeems previous concern about the perception of others and she stated that this no longer bothered her and that she wanted people to know that their friendship was mutual Azeem told Mr Murphy that she wanted to indicate to others via her conduct and actions that their friendship was mutual

38

bull On a paucity of occasions prior to the aforementioned Jimmys Drinks Azeem expressed to Mr Murphy her alleged discomfort andor unhappiness with her interactions with him as a result of comments that colleagues at the Company had made to her As alluded to above at times Azeem expressed discomfort with these comments however at other times she oscillated and indicated that she did not care what others thought Leaving these vacillations aside Azeem clearly failed to tell Henriquez that whenever she expressed a desire for a change in her interactions with Mr Murphy as a result of the comments that others were making he invariably immediately and respectfully adhered to her wishes and curtailed all contact As further alluded to above Azeem also clearly failed to tell Henriquez that the re-establishment of communications would always come at her behest and was therefore inevitable because Azeem unfailingly re-engaged with Mr Murphy

bull The initial dinner that Mr Murphy had with Azeem was on or about May 28 2014 at Walkers in Tribeca (hereinafter the Walkers Dinner) As noted above whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner Moreover prior to the Walkers Dinner Azeem had invited Mr Murphy to a risque play outside of the office Azeem clearly failed to tell Henriquez about this theater invite At this Walkers Dinner Azeem

Disclosed to Mr Murphy without provocation her sexual history

Questioned Mr Murphy about his own sexual history

Expressed her platonic feelings towards Mr Murphy and he expressed the exact same feelings towards her and

Exchanged text messages with Mr Murphy after the dinner indicating that she had had an enjoyable non-objectionable evening

Clearly Azeem willfully misrepresented the aforementioned conversations and omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

39

bull As noted above when Henriquez mentioned during the Interrogation that Azeem had allegedly been uncomfortable with a dinner many months prior - i e the Walkers Dinner - Mr Murphy conceded truthfully that whereas Azeem was extraordinarily content the evening thereof she had expressed regrets thereafter to which Mr Murphy apologized both verbally and later via a store-purchased card Azeem had revealed to Mr Murphy - but apparently not to Henriquez - that it was only after the dinner when she began allegedly feeling uncomfortable Incidentally again as noted above with respect to this Walkers Dinner whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner In any event perhaps having been in a relationship for roughly six (6) years that was becoming more serious and that later resulted in a marriage38

- Azeem had felt gUilty that she had spent the prior evening inter alia discussing her and another mans sexual histories Regardless of why she allegedly felt uncomfortable Mr Murphy was resolute to not making things uncomfortable for Azeem going forward and he immediately ceased contact with her However having discussed her alleged discomfort with Mr Murphy on or about June 2 2014 later that same week Azeem approached Mr Murphy in a flirtatious fashion and thereafter exchanged enthusiastic text messages with him thus resuscitating their platonic friendship Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about June 20 2014 following the recommendation by Azeem of a sexy racy video to Mr Murphy the two had dinner on the Upper West Side at Bocca di Bacco (hereinafter the Bocca di Bacco Dinner) In the aftermath thereof Mr Murphy and Azeem shared thoughts on inter alia a) a book that they were contemporaneously reading and b) a play that they had each seen separately Throughout the next few weeks Azeem seemed obsessed with ensuring that Mr Murphys platonic feelings towards her would not fade and the friendship between the two strengthened and intensified Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

38 Azeem was married subsequent to Mr Murphys Wrongful Termination

40

bull On or about June 27 2014 following some lighthearted conversation at a Starbucks39 in Tribeca Mr Murphy and Azeem went to Tre Sorelle on Reade Street in Tribeca At Starbucks Azeem had cancelled her dinner plans with a friend so that she could spend the evening with Mr Murphy Mr Murphy and Azeem then spent the next several hours at Tre SoreIle wherein Azeem became increasingly more and more inebriated (as noted above Mr Murphy did not at that time and does not at present drink alcohol) As Azeem became increasingly drunk she brushed her knees up against Mr Murphy (her self-proclaimed signature move) in a lascivious manner on several occasions during this evening (and on subsequent occasions at later dinnersoutings) exclaiming at a later outing that when she gets drunk she has a tendency to lean in In response Mr Murphy moved backwards and remarked that Azeem was becoming a bit unwieldy Upon the closing ofTre Sorelle Mr Murphy and Azeem went to another bar - Barrows Pub in the West Village - wherein they stayed for roughly one (1) hour En route to Barrows Pub Azeem exclaimed that she had big hands and suggested that Mr Murphy put the palm of his hand against hers (she made this suggestion a number of times subsequently as well) Upon leaving Barrows Pub Azeem remarked that it was unusual that Mr Murphy had never kissed her good-bye at the end of an evening whereupon they proceeded to innocently kiss one another on the cheek good-bye Clearly Azeem wiIIfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 2 2014 following a work event at Dylan Prime in Tribeca Mr Murphy and Azeem ended up staying for quite some time alone (although for a period oftime prior to being alone there were two 2 other Citigroup colleagues present who had occasion to observe Mr Murphys and Azeems extraordinarily amicable and genial interactions) Azeem - as she was wont to do - had a number of drinks and after becoming quite inebriated she not only confided to Mr Murphy that she liked him but she also doled out a number of flattering compliments to him Again as was the case on or about June 27 2014 at Tre SorelIe Azeem brushed her knees up against Mr Murphy in a libidinous manner and at Dylan Prime Azeem placed her two hands on Mr Murphys knees while talking to him Furthermore it was also at Dylan Prime wherein Azeem exclaimed that when she gets drunk she has a tendency to lean in She also confided to Mr Murphy that

39 On the comer of Reade Street and Broadway

41

She was oftentimes hung-over at work after evenings with friendscolleagues and

On one unfortunate occasion she had vomited at work after consuming too many drinks with a Citigroup client a happenstance that she had also shared with other Citigroup colleagues as well

At Dylan Prime Azeem drunkenly bragged to Mr Murphy that a number of men had allegedly professed their love for her in the past exclaiming that she even had two (2) men at that very time allegedly tell her that they loved her She also confided to Mr Murphy that a bevy of men would oftentimes ask her out to dinner not seeming to care that she had a significant other She even expressed trepidation that her looks would fade in time and if that were to hypothetically occur she bemoaned the fact that she would lose the ability to sway and manipulate men in the manner to which she had clearly grown adroitly

taccustomed After leaving Dylan Prime Azeem who appeared unsteady as a Iresult of overindulging in alcohol asked Mr Murphy if she could hold his arm He acquiesced but prudishly placed his hand in his pocket so as to avert any

I 1

accusations of impropriety (a gesture which seems ironic now) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 172014 at a work event at Citi Field in Queens Mr Murphy I and Azeem spent a considerable amount of time talking which engendered comments from a few of their colleagues Azeem was visibly annoyed as a result of these comments both with Mr Murphy and with herself Thereafter Mr Murphy while on vacation sent Azeem a number of text messages expressing his sadness concerning her alleged distress Following Mr Murphys return from vacation Azeem - who conveyed that she was having difficulties with her mother and was thus experiencing emotional turbulence and angst at home40

- suggested that she and Mr Murphy cease communications Mr Murphy of course dutifully and respectfully agreed yet again to cease communications To this end Mr Murphy as had been the case previously immediately ceased contact with Azeem however as was also the case previously it was Azeem who yet again reshyignited and resuscitated their friendship on her own volition On or about AU2ust 12014 Azeem on her own volition and without provocation

40 Azeem resided with her parents

42

Came to Mr Murphys office

Was all smiles

Chatted with Mr Murphy enthusiastically and

Then walked with Mr Murphy to the subway

On the ensuing walk Mr Murphy made it crystal clear that ifAzeem ever wanted to chat she could come to his office and that way she could regulate the time they spent together in the work environment to an amount which she deemed acceptable This was followed-up by a dinner at Les HaIles in the Financial District on or about August 112014 (hereinafter the Les HaIles Dinner) wherein Mr Murphy in light of Azeems alleged discomfort in the aftermath of the Walkers Dinner asked Azeem if she were comfortable with the Les HaIles Dinner conversation She responded emphatically that she was Clearly Azeem gave a patently false account of many of these events suggesting for example that it was Mr Murphy that had re-initiated their communications when in fact Azeem knew full well that she was always the one to re-institute communications And she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull On or about August 28 2014 Mr Murphy and Azeem had dinner at a tapas restaurant (again the Boqueria Dinner) thereafter several days later on or about September 2 2014 Mr Murphy and Azeem spent roughly four (4) hours together talking at the Path Station The conversation ranged from the mundane to Azeem boasting that when she had admirers in their twenties they eventually poured their hearts out to her and allegedly professed their love for her however she expressed incredulity that Mr Murphy had never done this She then went on to lament the fact that Mr Murphy had never expressed how he allegedly really felt towards her and during this four (4) hour conversation she was consistently cajoling and goading him into professing his supposed true feelings towards her Azeems statement to her Citigroup co-workers that Mr Murphy had allegedly told her that he loved her three (3) months earlier at the Walkers Dinner on May 282014 is pure fantasy insofar as inter alia

It never happened and moreover

If it had happened - which it did not - then why was Azeem pressing him on September 22014 in such close proximity to the cessation of their close friendship for a confession as to how he allegedly really felt

43

Clearly Azeem was lyinJ and moreover she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull As noted above at the Jimmys Drinks on or about September 5 2014 Azeem inter alia

Attempted without provocation on a myriad of occasions to induce and coerce Mr Murphy into revealing his true feelings for her which in actuality were feelings of extremely close friendship only In fact on a litany of prior occasions Azeem would try unsuccessfully to provoke confessions of romantic proclivities from Mr Murphy towards her These exhortations at the time appeared to be the innocuous acts of a selfshycentered insecure person yet after the events that have since transpired Azeem clearly had different intentions

Consumed without provocation an interminable amount of time discussing how attempts were made to recruit her as a swimsuit model and as a lip model respectively

Consumed without provocation an interminable amount of time discussing her efforts to get work as a fit model and the feedback that she had received regarding this ultimately failed effort

Boasted without provocation ad nauseum and gleefully about her breasts and how they were undoubtedly larger than Mr Murphy probably realized

Boasted without provocation that her breasts were so large that she did not require padding

Proclaimed without provocation that while her breasts were exceptional her butt was even better

Confided that she and her fiance were having sex every week a fact that she joyfully proclaimed and she also unprovoked shared her preferred lighting arrangements for the performance of said act

44

Thanked Mr Murphy for giving her the aforementioned Poetry Book As noted above Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it if it made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact as noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions shya practice to which Mr Murphy had invariably adhered following the Walkers Dinner - Azeem confirmed that

bull She was having no issues with their interactions and

bull She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential Imodeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc I

Put simply Azeems characterization of inter alia a) her interactions with Mr Murphy b) her attitude towards their relationship and c) her supposed discomfort with said relationship is wholly inconsistent and 100 incongruous with her behavior at the Jimmys Drinks Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that during her time studying medicine in Pakistan her driver would pass a particular spot each day and a policeman would be there leaning against his car looking at her in a wanton manner that she allegedly found offensive One day when the car was stuck in traffic she jumped out picked up a metal bar and proceeded to break the lights of the policemans car She said that he had a look ofgreat fear in his eyes which she found pleasing that intensified with each light that she subsequently broke Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion Mr Murphy does not know whether this strange tale is true or if Azeem simply made it up out ofwhole cloth which with

45

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

bull Henriquez placed significant emphasis on the alleged sharing of confidential business information with Azeem In particular Henriquez referenced three (3) items during the Interrogation a) She indicated that Mr Murphy had allegedly shared details of other analysts ratings with Azeem and that he allegedly intervened to secure a higher rating for her b) she indicated that Mr Murphy had allegedly shared details ofa redundancy list with Azeem and c) she indicated that Mr Murphy had allegedly shared proprietary compensation information as well as his own compensation information with Azeem

With respect to ratingsAzeem raised the topic of analyst ratings with Mr Murphy At the time of said invocation she was already well informed of inter alia a) the state of affairs b) the ratings being considered for the various analysts and c) the contentious debate between her direct linear Supervisor and at least one other regarding her rating vis-a-vis that of the other analysts Mr Murphy had not been involved in those discussions up to that time and it was Azeem who was informing Mr Murphy of the situation - not the reverse Whether (and how) Azeem was able to cajole this information from her direct linear Supervisor or from others is something of which Mr Murphy has no knowledge whatsoever however suffice it to say that whatever information that Azeem may have received or garnered concerning other analysts ratings did not emanate from Mr Murphy Moreover Mr Murphy simply leant his support to Azeem receiving the very same rating that her direct linear Supervisor had I

~strongly recommended and for which her direct linear Supervisor was 1

already fighting and advocating I

I

I iWith respect to the redundancy list on or about Auampust 12014 during

a walk to the subway Azeem revealed to Mr Murphy that someone at Citigroup in Chicago had allegedly lost their job and she then queried Mr Murphy as to whether anyone on Citigroups SalesFutures team in New York was on the redundancy list To this end while on the subway under repetitive (and emotional) questioning from Azeem about inter alia ( a succession of individuals on the team Mr Murphys overt discomfort ~ concerning one (1) particular individual later gave rise to his truthful yet regrettable disclosure to Azeem that said individual was not on the final redundancy list For Azeem to have alleged suggested or implied that Mr Murphy had shared extensive details with her about the redundancy list is patently false and utterly chimerical Moreover Azeem clearly failed to mention to Henriquez that it was she who had probed Mr Murphy on this topic instead giving Henriquez the fallacious impression that Mr Murphy had simply offered-up details sua sponte and

33

With respect to compensation information on or about August 28 2014 Mr Murphy and Azeem had dinner at Boqueria in Soho (hereinafter the Boqueria Dinner) For some time prior Azeem had been commenting that she was likely to leave the securities industry and she seemed (or feigned) to have little insight into what she would be foregoing were she to leave the industry Based primarily upon publicly-available information gleaned from headhunters - which was (and is) available to anyone querying - Mr Murphy was able to a) provide compensation ranges to Azeem at this dinner for those above Azeem in the hierarchical titular chain of command i e compensation ranges for Vice-Presidents Directors and Managing Directors respectively and at a later date b) provide an exceedingly wide range based upon the thenshyprevailing market rate for the vacant EMEA Prime role For Azeem to have alleged suggested or implied that Mr Murphy was somehow disclosing proprietary or confidential information is absurd rather as noted above said information was (and is) easily obtainable from any number ofheadhunters concentrating in the securities industry In fact Azeem specifically confirmed that the ranges that Mr Murphy - based primarily upon publicly-available information gleaned from headhunters - had shared with her were entirely consistent and in line with what she had already gleaned from others It should also be noted that whereas Mr Murphy did disclose to Azeem his own compensation such was hardly sinister furtive or aberrational vis-a-vis common industry practice Whereas Mr Murphy was not in the habit of disclosing his compensation details to others discussions regarding compensation were (and are) commonplace at Citigroup and in the securities industry in generaL

34

iii AZEEMS SLANDEROUS RECITATION OF EVENTS IS REPLETE WITH OUTRIGHT LIES HALF-TRUTHS DISTORTIONS AND OMISSIONS

24 Based upon Henriquezs September 19 2014 interrogation of Mr Murphy it can be

stated beyond peradventure that Azeems recitation of events to Human Resources was replete

with outright lies half-truths distortions and omissions Put simply Azeem blatantly

maliciously and intentionally lied to amon2st others Human Resources and in doing so

she wilfully and incontrovertibly slandered Mr Murphy to wit

bull Azeem claimed that she told Mr Murphy on multiple occasions that

She wished to end their friendship and that he did not accept this and

Mr Murphy persisted in his attentions against her expressed preferences

These are outri2ht lies On the paucity of occasions whereupon Azeem expressly stated a desire to end her close friendship with Mr Murphy - the impetus for which was normally prompted by Citigroup colleagues commenting about said burgeoning friendship - Mr Murphy dutifully and unfailingly respected Azeems wishes However on multiple occasions after having suggested that they end their close friendship Azeem would then invariably reshyinitiate contact Moreover while sitting with Mr Murphy at the Path Station one evening towards the later stages oftheir close friendship Azeem expressly recognized that it was always she that had resuscitated their friendship after each such hiatus Azeems assertion to her co-workers that Mr Murphy allegedly failed to honor her expressed desire to end their friendship inter alia

Was (and is) immensely damaging to Mr Murphy

Has contributed significantly to the wreckage of Mr Murphys previously stellar career and reputation respectively and

Was (and is) a false statement of fact which Azeem knowingly and maliciously made

35

bull From some of Azeems earliest interactions with Citigroup co-workers she went out of her way to engage in edgy conversation To this end Azeem spoke not just freely and unencumberedly but also pro-actively about inter alia

Her body parts with her butt being a particular obsession

Sex (her sex life the sex life of others and sex in general respectively) and

Drugs (her drug use the drug use of others and drug use in general respectively)

In doing so she attracted the attention of numerous Citigroup co-workers with whom she might otherwise have had little to do however by her own admission she basked in and invited the attention

In her discussions with Citigroup Azeem cited a small number of stories that Mr Murphy had shared with her about his sex life however these stories were shared by Mr Murphy against a very specific back-drop ie

Azeem often initiated discussions about such matters I I r

Azeem shared numerous stories regarding her body parts and her sex life 1 respectively

Azeem repeated to Mr Murphy stories regarding sex that other Citigroup co-workers had confided in her

Azeem provided Mr Murphy with regular reassurance that she was happy discussing such matters which of course was not surprising insofar as it was she who often initiated such discussions and

Azeem routinely dismissed suggestions from Mr Murphy that they leave certain topics out-of-bounds

Hence Azeems presentation and depiction of herself to amongst others Human Resources as a supposedly obsequious subservient and embarrassed shrinking violet upon whom Mr Murphy merely capriciously and haphazardly foisted inappropriate stories is an act of outrageous dishonesty and subterfuge on Azeems part and one that is unsustainable and susceptible to complete refutation To this end the list ofCitigroup co-workers with whom Azeem discussed such matters is long and while many of these individuals are still at Citigroup others are not

36

bull Azeems assertion or suggestion that Mr Murphy was somehow harboring romantic feelings towards her was downright false As noted above Mr Murphy did not tell Azeem that he loved her or that he wanted to pursue a romantic relationship with her In fact Mr Murphy did not love Azeem nor did he want a romantic relationship with her Rather for much of the time he greatly enjoyed her company he found her interesting and funny and he deemed said feelings unusual given their age gap These were the only feelings that he had harbored towards her Strong feelings of close friendship yes but not sexual or romantic feelings of any kind Azeem oftentimes remarked to Mr Murphy that male friends in their twenties (20s) invariably expressed their romantic interest in her and she complained that Mr Murphy had never done so a topic she returned to at length on or about September 2 2014 (see below) and again a few days thereafter at the Jimmys Drinks In fact as time wore on Azeem continually prodded Mr Murphy into disclosing how he really felt towards her in response to which Mr Murphy consistently tried oftentimes unsuccessfully to divert and reshyorient the conversation In fact in the later stages of their close friendship Mr Murphy explicitly told Azeem on several occasions that he did not want to discuss feelings further and he suggested to Azeem on numerous occasions that I they would be better off speaking about feelings less often or not at all Over I time Azeem became obsessed with the perceived from her perspective eventuality and fait accompli that Mr Murphys feelings towards her - albeit non-romantic feelings of extremely close friendship - would ultimately fade and IAzeem perpetually reverted to this topic in her continued interactions with Mr Murphy Clearly Azeem falsely attributed statements to Mr Murphy that he f never made and she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion I

I t

I f f f i ~

t l I ~

J37

bull Azeems assertion or suggestion that the strictly platonic non-sexual extremely close friendship that she had with Mr Murphy was somehow one-sided was

downright false in fact not only did Azeem consistently compliment Mr Murphy i

and tell him inter alia

I How much she liked him IHow intelligent and quick witted that she perceived him to be

f [

How well-read she thought that he was fbull

How funny she viewed him to be and t IHow seamless and fluid their conversations seemed to be (at least in the

inception before she began repetitively cajoling him into revealing his I supposedly true feelings for her) I

but she was of course a willing and enthusiastic participant in and attendee at I their various friendly dinners and drinks outside of the office To this end as noted above when others commented to Azeem that she had supposedly become popular with Mr Murphy she at times expressed discomfort in response to Iwhich Mr Murphy invariably ceased immediately speaking with her However I as noted in great detail above in response to the immediate cessation of his visits I

K

to her desk Azeem - sua sponte and on her own volition - commenced visiting [

I IMr Murphy in his office Whereas as noted above Henriquez connoted a vague awareness of Azeems visits to Mr Murphys office Azeem had clearly not

advised her of the frequency or length thereof or at whose volition (hers) that they f were conducted As further noted above Azeem also clearly failed to apprise ~

Henriquez that after she began visiting Mr Murphy in his office he referenced Azeems previous concern about the perception of others and she stated that this no longer bothered her and that she wanted people to know that their friendship was mutual Azeem told Mr Murphy that she wanted to indicate to others via her conduct and actions that their friendship was mutual

38

bull On a paucity of occasions prior to the aforementioned Jimmys Drinks Azeem expressed to Mr Murphy her alleged discomfort andor unhappiness with her interactions with him as a result of comments that colleagues at the Company had made to her As alluded to above at times Azeem expressed discomfort with these comments however at other times she oscillated and indicated that she did not care what others thought Leaving these vacillations aside Azeem clearly failed to tell Henriquez that whenever she expressed a desire for a change in her interactions with Mr Murphy as a result of the comments that others were making he invariably immediately and respectfully adhered to her wishes and curtailed all contact As further alluded to above Azeem also clearly failed to tell Henriquez that the re-establishment of communications would always come at her behest and was therefore inevitable because Azeem unfailingly re-engaged with Mr Murphy

bull The initial dinner that Mr Murphy had with Azeem was on or about May 28 2014 at Walkers in Tribeca (hereinafter the Walkers Dinner) As noted above whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner Moreover prior to the Walkers Dinner Azeem had invited Mr Murphy to a risque play outside of the office Azeem clearly failed to tell Henriquez about this theater invite At this Walkers Dinner Azeem

Disclosed to Mr Murphy without provocation her sexual history

Questioned Mr Murphy about his own sexual history

Expressed her platonic feelings towards Mr Murphy and he expressed the exact same feelings towards her and

Exchanged text messages with Mr Murphy after the dinner indicating that she had had an enjoyable non-objectionable evening

Clearly Azeem willfully misrepresented the aforementioned conversations and omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

39

bull As noted above when Henriquez mentioned during the Interrogation that Azeem had allegedly been uncomfortable with a dinner many months prior - i e the Walkers Dinner - Mr Murphy conceded truthfully that whereas Azeem was extraordinarily content the evening thereof she had expressed regrets thereafter to which Mr Murphy apologized both verbally and later via a store-purchased card Azeem had revealed to Mr Murphy - but apparently not to Henriquez - that it was only after the dinner when she began allegedly feeling uncomfortable Incidentally again as noted above with respect to this Walkers Dinner whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner In any event perhaps having been in a relationship for roughly six (6) years that was becoming more serious and that later resulted in a marriage38

- Azeem had felt gUilty that she had spent the prior evening inter alia discussing her and another mans sexual histories Regardless of why she allegedly felt uncomfortable Mr Murphy was resolute to not making things uncomfortable for Azeem going forward and he immediately ceased contact with her However having discussed her alleged discomfort with Mr Murphy on or about June 2 2014 later that same week Azeem approached Mr Murphy in a flirtatious fashion and thereafter exchanged enthusiastic text messages with him thus resuscitating their platonic friendship Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about June 20 2014 following the recommendation by Azeem of a sexy racy video to Mr Murphy the two had dinner on the Upper West Side at Bocca di Bacco (hereinafter the Bocca di Bacco Dinner) In the aftermath thereof Mr Murphy and Azeem shared thoughts on inter alia a) a book that they were contemporaneously reading and b) a play that they had each seen separately Throughout the next few weeks Azeem seemed obsessed with ensuring that Mr Murphys platonic feelings towards her would not fade and the friendship between the two strengthened and intensified Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

38 Azeem was married subsequent to Mr Murphys Wrongful Termination

40

bull On or about June 27 2014 following some lighthearted conversation at a Starbucks39 in Tribeca Mr Murphy and Azeem went to Tre Sorelle on Reade Street in Tribeca At Starbucks Azeem had cancelled her dinner plans with a friend so that she could spend the evening with Mr Murphy Mr Murphy and Azeem then spent the next several hours at Tre SoreIle wherein Azeem became increasingly more and more inebriated (as noted above Mr Murphy did not at that time and does not at present drink alcohol) As Azeem became increasingly drunk she brushed her knees up against Mr Murphy (her self-proclaimed signature move) in a lascivious manner on several occasions during this evening (and on subsequent occasions at later dinnersoutings) exclaiming at a later outing that when she gets drunk she has a tendency to lean in In response Mr Murphy moved backwards and remarked that Azeem was becoming a bit unwieldy Upon the closing ofTre Sorelle Mr Murphy and Azeem went to another bar - Barrows Pub in the West Village - wherein they stayed for roughly one (1) hour En route to Barrows Pub Azeem exclaimed that she had big hands and suggested that Mr Murphy put the palm of his hand against hers (she made this suggestion a number of times subsequently as well) Upon leaving Barrows Pub Azeem remarked that it was unusual that Mr Murphy had never kissed her good-bye at the end of an evening whereupon they proceeded to innocently kiss one another on the cheek good-bye Clearly Azeem wiIIfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 2 2014 following a work event at Dylan Prime in Tribeca Mr Murphy and Azeem ended up staying for quite some time alone (although for a period oftime prior to being alone there were two 2 other Citigroup colleagues present who had occasion to observe Mr Murphys and Azeems extraordinarily amicable and genial interactions) Azeem - as she was wont to do - had a number of drinks and after becoming quite inebriated she not only confided to Mr Murphy that she liked him but she also doled out a number of flattering compliments to him Again as was the case on or about June 27 2014 at Tre SorelIe Azeem brushed her knees up against Mr Murphy in a libidinous manner and at Dylan Prime Azeem placed her two hands on Mr Murphys knees while talking to him Furthermore it was also at Dylan Prime wherein Azeem exclaimed that when she gets drunk she has a tendency to lean in She also confided to Mr Murphy that

39 On the comer of Reade Street and Broadway

41

She was oftentimes hung-over at work after evenings with friendscolleagues and

On one unfortunate occasion she had vomited at work after consuming too many drinks with a Citigroup client a happenstance that she had also shared with other Citigroup colleagues as well

At Dylan Prime Azeem drunkenly bragged to Mr Murphy that a number of men had allegedly professed their love for her in the past exclaiming that she even had two (2) men at that very time allegedly tell her that they loved her She also confided to Mr Murphy that a bevy of men would oftentimes ask her out to dinner not seeming to care that she had a significant other She even expressed trepidation that her looks would fade in time and if that were to hypothetically occur she bemoaned the fact that she would lose the ability to sway and manipulate men in the manner to which she had clearly grown adroitly

taccustomed After leaving Dylan Prime Azeem who appeared unsteady as a Iresult of overindulging in alcohol asked Mr Murphy if she could hold his arm He acquiesced but prudishly placed his hand in his pocket so as to avert any

I 1

accusations of impropriety (a gesture which seems ironic now) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 172014 at a work event at Citi Field in Queens Mr Murphy I and Azeem spent a considerable amount of time talking which engendered comments from a few of their colleagues Azeem was visibly annoyed as a result of these comments both with Mr Murphy and with herself Thereafter Mr Murphy while on vacation sent Azeem a number of text messages expressing his sadness concerning her alleged distress Following Mr Murphys return from vacation Azeem - who conveyed that she was having difficulties with her mother and was thus experiencing emotional turbulence and angst at home40

- suggested that she and Mr Murphy cease communications Mr Murphy of course dutifully and respectfully agreed yet again to cease communications To this end Mr Murphy as had been the case previously immediately ceased contact with Azeem however as was also the case previously it was Azeem who yet again reshyignited and resuscitated their friendship on her own volition On or about AU2ust 12014 Azeem on her own volition and without provocation

40 Azeem resided with her parents

42

Came to Mr Murphys office

Was all smiles

Chatted with Mr Murphy enthusiastically and

Then walked with Mr Murphy to the subway

On the ensuing walk Mr Murphy made it crystal clear that ifAzeem ever wanted to chat she could come to his office and that way she could regulate the time they spent together in the work environment to an amount which she deemed acceptable This was followed-up by a dinner at Les HaIles in the Financial District on or about August 112014 (hereinafter the Les HaIles Dinner) wherein Mr Murphy in light of Azeems alleged discomfort in the aftermath of the Walkers Dinner asked Azeem if she were comfortable with the Les HaIles Dinner conversation She responded emphatically that she was Clearly Azeem gave a patently false account of many of these events suggesting for example that it was Mr Murphy that had re-initiated their communications when in fact Azeem knew full well that she was always the one to re-institute communications And she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull On or about August 28 2014 Mr Murphy and Azeem had dinner at a tapas restaurant (again the Boqueria Dinner) thereafter several days later on or about September 2 2014 Mr Murphy and Azeem spent roughly four (4) hours together talking at the Path Station The conversation ranged from the mundane to Azeem boasting that when she had admirers in their twenties they eventually poured their hearts out to her and allegedly professed their love for her however she expressed incredulity that Mr Murphy had never done this She then went on to lament the fact that Mr Murphy had never expressed how he allegedly really felt towards her and during this four (4) hour conversation she was consistently cajoling and goading him into professing his supposed true feelings towards her Azeems statement to her Citigroup co-workers that Mr Murphy had allegedly told her that he loved her three (3) months earlier at the Walkers Dinner on May 282014 is pure fantasy insofar as inter alia

It never happened and moreover

If it had happened - which it did not - then why was Azeem pressing him on September 22014 in such close proximity to the cessation of their close friendship for a confession as to how he allegedly really felt

43

Clearly Azeem was lyinJ and moreover she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull As noted above at the Jimmys Drinks on or about September 5 2014 Azeem inter alia

Attempted without provocation on a myriad of occasions to induce and coerce Mr Murphy into revealing his true feelings for her which in actuality were feelings of extremely close friendship only In fact on a litany of prior occasions Azeem would try unsuccessfully to provoke confessions of romantic proclivities from Mr Murphy towards her These exhortations at the time appeared to be the innocuous acts of a selfshycentered insecure person yet after the events that have since transpired Azeem clearly had different intentions

Consumed without provocation an interminable amount of time discussing how attempts were made to recruit her as a swimsuit model and as a lip model respectively

Consumed without provocation an interminable amount of time discussing her efforts to get work as a fit model and the feedback that she had received regarding this ultimately failed effort

Boasted without provocation ad nauseum and gleefully about her breasts and how they were undoubtedly larger than Mr Murphy probably realized

Boasted without provocation that her breasts were so large that she did not require padding

Proclaimed without provocation that while her breasts were exceptional her butt was even better

Confided that she and her fiance were having sex every week a fact that she joyfully proclaimed and she also unprovoked shared her preferred lighting arrangements for the performance of said act

44

Thanked Mr Murphy for giving her the aforementioned Poetry Book As noted above Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it if it made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact as noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions shya practice to which Mr Murphy had invariably adhered following the Walkers Dinner - Azeem confirmed that

bull She was having no issues with their interactions and

bull She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential Imodeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc I

Put simply Azeems characterization of inter alia a) her interactions with Mr Murphy b) her attitude towards their relationship and c) her supposed discomfort with said relationship is wholly inconsistent and 100 incongruous with her behavior at the Jimmys Drinks Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that during her time studying medicine in Pakistan her driver would pass a particular spot each day and a policeman would be there leaning against his car looking at her in a wanton manner that she allegedly found offensive One day when the car was stuck in traffic she jumped out picked up a metal bar and proceeded to break the lights of the policemans car She said that he had a look ofgreat fear in his eyes which she found pleasing that intensified with each light that she subsequently broke Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion Mr Murphy does not know whether this strange tale is true or if Azeem simply made it up out ofwhole cloth which with

45

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

With respect to compensation information on or about August 28 2014 Mr Murphy and Azeem had dinner at Boqueria in Soho (hereinafter the Boqueria Dinner) For some time prior Azeem had been commenting that she was likely to leave the securities industry and she seemed (or feigned) to have little insight into what she would be foregoing were she to leave the industry Based primarily upon publicly-available information gleaned from headhunters - which was (and is) available to anyone querying - Mr Murphy was able to a) provide compensation ranges to Azeem at this dinner for those above Azeem in the hierarchical titular chain of command i e compensation ranges for Vice-Presidents Directors and Managing Directors respectively and at a later date b) provide an exceedingly wide range based upon the thenshyprevailing market rate for the vacant EMEA Prime role For Azeem to have alleged suggested or implied that Mr Murphy was somehow disclosing proprietary or confidential information is absurd rather as noted above said information was (and is) easily obtainable from any number ofheadhunters concentrating in the securities industry In fact Azeem specifically confirmed that the ranges that Mr Murphy - based primarily upon publicly-available information gleaned from headhunters - had shared with her were entirely consistent and in line with what she had already gleaned from others It should also be noted that whereas Mr Murphy did disclose to Azeem his own compensation such was hardly sinister furtive or aberrational vis-a-vis common industry practice Whereas Mr Murphy was not in the habit of disclosing his compensation details to others discussions regarding compensation were (and are) commonplace at Citigroup and in the securities industry in generaL

34

iii AZEEMS SLANDEROUS RECITATION OF EVENTS IS REPLETE WITH OUTRIGHT LIES HALF-TRUTHS DISTORTIONS AND OMISSIONS

24 Based upon Henriquezs September 19 2014 interrogation of Mr Murphy it can be

stated beyond peradventure that Azeems recitation of events to Human Resources was replete

with outright lies half-truths distortions and omissions Put simply Azeem blatantly

maliciously and intentionally lied to amon2st others Human Resources and in doing so

she wilfully and incontrovertibly slandered Mr Murphy to wit

bull Azeem claimed that she told Mr Murphy on multiple occasions that

She wished to end their friendship and that he did not accept this and

Mr Murphy persisted in his attentions against her expressed preferences

These are outri2ht lies On the paucity of occasions whereupon Azeem expressly stated a desire to end her close friendship with Mr Murphy - the impetus for which was normally prompted by Citigroup colleagues commenting about said burgeoning friendship - Mr Murphy dutifully and unfailingly respected Azeems wishes However on multiple occasions after having suggested that they end their close friendship Azeem would then invariably reshyinitiate contact Moreover while sitting with Mr Murphy at the Path Station one evening towards the later stages oftheir close friendship Azeem expressly recognized that it was always she that had resuscitated their friendship after each such hiatus Azeems assertion to her co-workers that Mr Murphy allegedly failed to honor her expressed desire to end their friendship inter alia

Was (and is) immensely damaging to Mr Murphy

Has contributed significantly to the wreckage of Mr Murphys previously stellar career and reputation respectively and

Was (and is) a false statement of fact which Azeem knowingly and maliciously made

35

bull From some of Azeems earliest interactions with Citigroup co-workers she went out of her way to engage in edgy conversation To this end Azeem spoke not just freely and unencumberedly but also pro-actively about inter alia

Her body parts with her butt being a particular obsession

Sex (her sex life the sex life of others and sex in general respectively) and

Drugs (her drug use the drug use of others and drug use in general respectively)

In doing so she attracted the attention of numerous Citigroup co-workers with whom she might otherwise have had little to do however by her own admission she basked in and invited the attention

In her discussions with Citigroup Azeem cited a small number of stories that Mr Murphy had shared with her about his sex life however these stories were shared by Mr Murphy against a very specific back-drop ie

Azeem often initiated discussions about such matters I I r

Azeem shared numerous stories regarding her body parts and her sex life 1 respectively

Azeem repeated to Mr Murphy stories regarding sex that other Citigroup co-workers had confided in her

Azeem provided Mr Murphy with regular reassurance that she was happy discussing such matters which of course was not surprising insofar as it was she who often initiated such discussions and

Azeem routinely dismissed suggestions from Mr Murphy that they leave certain topics out-of-bounds

Hence Azeems presentation and depiction of herself to amongst others Human Resources as a supposedly obsequious subservient and embarrassed shrinking violet upon whom Mr Murphy merely capriciously and haphazardly foisted inappropriate stories is an act of outrageous dishonesty and subterfuge on Azeems part and one that is unsustainable and susceptible to complete refutation To this end the list ofCitigroup co-workers with whom Azeem discussed such matters is long and while many of these individuals are still at Citigroup others are not

36

bull Azeems assertion or suggestion that Mr Murphy was somehow harboring romantic feelings towards her was downright false As noted above Mr Murphy did not tell Azeem that he loved her or that he wanted to pursue a romantic relationship with her In fact Mr Murphy did not love Azeem nor did he want a romantic relationship with her Rather for much of the time he greatly enjoyed her company he found her interesting and funny and he deemed said feelings unusual given their age gap These were the only feelings that he had harbored towards her Strong feelings of close friendship yes but not sexual or romantic feelings of any kind Azeem oftentimes remarked to Mr Murphy that male friends in their twenties (20s) invariably expressed their romantic interest in her and she complained that Mr Murphy had never done so a topic she returned to at length on or about September 2 2014 (see below) and again a few days thereafter at the Jimmys Drinks In fact as time wore on Azeem continually prodded Mr Murphy into disclosing how he really felt towards her in response to which Mr Murphy consistently tried oftentimes unsuccessfully to divert and reshyorient the conversation In fact in the later stages of their close friendship Mr Murphy explicitly told Azeem on several occasions that he did not want to discuss feelings further and he suggested to Azeem on numerous occasions that I they would be better off speaking about feelings less often or not at all Over I time Azeem became obsessed with the perceived from her perspective eventuality and fait accompli that Mr Murphys feelings towards her - albeit non-romantic feelings of extremely close friendship - would ultimately fade and IAzeem perpetually reverted to this topic in her continued interactions with Mr Murphy Clearly Azeem falsely attributed statements to Mr Murphy that he f never made and she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion I

I t

I f f f i ~

t l I ~

J37

bull Azeems assertion or suggestion that the strictly platonic non-sexual extremely close friendship that she had with Mr Murphy was somehow one-sided was

downright false in fact not only did Azeem consistently compliment Mr Murphy i

and tell him inter alia

I How much she liked him IHow intelligent and quick witted that she perceived him to be

f [

How well-read she thought that he was fbull

How funny she viewed him to be and t IHow seamless and fluid their conversations seemed to be (at least in the

inception before she began repetitively cajoling him into revealing his I supposedly true feelings for her) I

but she was of course a willing and enthusiastic participant in and attendee at I their various friendly dinners and drinks outside of the office To this end as noted above when others commented to Azeem that she had supposedly become popular with Mr Murphy she at times expressed discomfort in response to Iwhich Mr Murphy invariably ceased immediately speaking with her However I as noted in great detail above in response to the immediate cessation of his visits I

K

to her desk Azeem - sua sponte and on her own volition - commenced visiting [

I IMr Murphy in his office Whereas as noted above Henriquez connoted a vague awareness of Azeems visits to Mr Murphys office Azeem had clearly not

advised her of the frequency or length thereof or at whose volition (hers) that they f were conducted As further noted above Azeem also clearly failed to apprise ~

Henriquez that after she began visiting Mr Murphy in his office he referenced Azeems previous concern about the perception of others and she stated that this no longer bothered her and that she wanted people to know that their friendship was mutual Azeem told Mr Murphy that she wanted to indicate to others via her conduct and actions that their friendship was mutual

38

bull On a paucity of occasions prior to the aforementioned Jimmys Drinks Azeem expressed to Mr Murphy her alleged discomfort andor unhappiness with her interactions with him as a result of comments that colleagues at the Company had made to her As alluded to above at times Azeem expressed discomfort with these comments however at other times she oscillated and indicated that she did not care what others thought Leaving these vacillations aside Azeem clearly failed to tell Henriquez that whenever she expressed a desire for a change in her interactions with Mr Murphy as a result of the comments that others were making he invariably immediately and respectfully adhered to her wishes and curtailed all contact As further alluded to above Azeem also clearly failed to tell Henriquez that the re-establishment of communications would always come at her behest and was therefore inevitable because Azeem unfailingly re-engaged with Mr Murphy

bull The initial dinner that Mr Murphy had with Azeem was on or about May 28 2014 at Walkers in Tribeca (hereinafter the Walkers Dinner) As noted above whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner Moreover prior to the Walkers Dinner Azeem had invited Mr Murphy to a risque play outside of the office Azeem clearly failed to tell Henriquez about this theater invite At this Walkers Dinner Azeem

Disclosed to Mr Murphy without provocation her sexual history

Questioned Mr Murphy about his own sexual history

Expressed her platonic feelings towards Mr Murphy and he expressed the exact same feelings towards her and

Exchanged text messages with Mr Murphy after the dinner indicating that she had had an enjoyable non-objectionable evening

Clearly Azeem willfully misrepresented the aforementioned conversations and omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

39

bull As noted above when Henriquez mentioned during the Interrogation that Azeem had allegedly been uncomfortable with a dinner many months prior - i e the Walkers Dinner - Mr Murphy conceded truthfully that whereas Azeem was extraordinarily content the evening thereof she had expressed regrets thereafter to which Mr Murphy apologized both verbally and later via a store-purchased card Azeem had revealed to Mr Murphy - but apparently not to Henriquez - that it was only after the dinner when she began allegedly feeling uncomfortable Incidentally again as noted above with respect to this Walkers Dinner whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner In any event perhaps having been in a relationship for roughly six (6) years that was becoming more serious and that later resulted in a marriage38

- Azeem had felt gUilty that she had spent the prior evening inter alia discussing her and another mans sexual histories Regardless of why she allegedly felt uncomfortable Mr Murphy was resolute to not making things uncomfortable for Azeem going forward and he immediately ceased contact with her However having discussed her alleged discomfort with Mr Murphy on or about June 2 2014 later that same week Azeem approached Mr Murphy in a flirtatious fashion and thereafter exchanged enthusiastic text messages with him thus resuscitating their platonic friendship Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about June 20 2014 following the recommendation by Azeem of a sexy racy video to Mr Murphy the two had dinner on the Upper West Side at Bocca di Bacco (hereinafter the Bocca di Bacco Dinner) In the aftermath thereof Mr Murphy and Azeem shared thoughts on inter alia a) a book that they were contemporaneously reading and b) a play that they had each seen separately Throughout the next few weeks Azeem seemed obsessed with ensuring that Mr Murphys platonic feelings towards her would not fade and the friendship between the two strengthened and intensified Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

38 Azeem was married subsequent to Mr Murphys Wrongful Termination

40

bull On or about June 27 2014 following some lighthearted conversation at a Starbucks39 in Tribeca Mr Murphy and Azeem went to Tre Sorelle on Reade Street in Tribeca At Starbucks Azeem had cancelled her dinner plans with a friend so that she could spend the evening with Mr Murphy Mr Murphy and Azeem then spent the next several hours at Tre SoreIle wherein Azeem became increasingly more and more inebriated (as noted above Mr Murphy did not at that time and does not at present drink alcohol) As Azeem became increasingly drunk she brushed her knees up against Mr Murphy (her self-proclaimed signature move) in a lascivious manner on several occasions during this evening (and on subsequent occasions at later dinnersoutings) exclaiming at a later outing that when she gets drunk she has a tendency to lean in In response Mr Murphy moved backwards and remarked that Azeem was becoming a bit unwieldy Upon the closing ofTre Sorelle Mr Murphy and Azeem went to another bar - Barrows Pub in the West Village - wherein they stayed for roughly one (1) hour En route to Barrows Pub Azeem exclaimed that she had big hands and suggested that Mr Murphy put the palm of his hand against hers (she made this suggestion a number of times subsequently as well) Upon leaving Barrows Pub Azeem remarked that it was unusual that Mr Murphy had never kissed her good-bye at the end of an evening whereupon they proceeded to innocently kiss one another on the cheek good-bye Clearly Azeem wiIIfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 2 2014 following a work event at Dylan Prime in Tribeca Mr Murphy and Azeem ended up staying for quite some time alone (although for a period oftime prior to being alone there were two 2 other Citigroup colleagues present who had occasion to observe Mr Murphys and Azeems extraordinarily amicable and genial interactions) Azeem - as she was wont to do - had a number of drinks and after becoming quite inebriated she not only confided to Mr Murphy that she liked him but she also doled out a number of flattering compliments to him Again as was the case on or about June 27 2014 at Tre SorelIe Azeem brushed her knees up against Mr Murphy in a libidinous manner and at Dylan Prime Azeem placed her two hands on Mr Murphys knees while talking to him Furthermore it was also at Dylan Prime wherein Azeem exclaimed that when she gets drunk she has a tendency to lean in She also confided to Mr Murphy that

39 On the comer of Reade Street and Broadway

41

She was oftentimes hung-over at work after evenings with friendscolleagues and

On one unfortunate occasion she had vomited at work after consuming too many drinks with a Citigroup client a happenstance that she had also shared with other Citigroup colleagues as well

At Dylan Prime Azeem drunkenly bragged to Mr Murphy that a number of men had allegedly professed their love for her in the past exclaiming that she even had two (2) men at that very time allegedly tell her that they loved her She also confided to Mr Murphy that a bevy of men would oftentimes ask her out to dinner not seeming to care that she had a significant other She even expressed trepidation that her looks would fade in time and if that were to hypothetically occur she bemoaned the fact that she would lose the ability to sway and manipulate men in the manner to which she had clearly grown adroitly

taccustomed After leaving Dylan Prime Azeem who appeared unsteady as a Iresult of overindulging in alcohol asked Mr Murphy if she could hold his arm He acquiesced but prudishly placed his hand in his pocket so as to avert any

I 1

accusations of impropriety (a gesture which seems ironic now) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 172014 at a work event at Citi Field in Queens Mr Murphy I and Azeem spent a considerable amount of time talking which engendered comments from a few of their colleagues Azeem was visibly annoyed as a result of these comments both with Mr Murphy and with herself Thereafter Mr Murphy while on vacation sent Azeem a number of text messages expressing his sadness concerning her alleged distress Following Mr Murphys return from vacation Azeem - who conveyed that she was having difficulties with her mother and was thus experiencing emotional turbulence and angst at home40

- suggested that she and Mr Murphy cease communications Mr Murphy of course dutifully and respectfully agreed yet again to cease communications To this end Mr Murphy as had been the case previously immediately ceased contact with Azeem however as was also the case previously it was Azeem who yet again reshyignited and resuscitated their friendship on her own volition On or about AU2ust 12014 Azeem on her own volition and without provocation

40 Azeem resided with her parents

42

Came to Mr Murphys office

Was all smiles

Chatted with Mr Murphy enthusiastically and

Then walked with Mr Murphy to the subway

On the ensuing walk Mr Murphy made it crystal clear that ifAzeem ever wanted to chat she could come to his office and that way she could regulate the time they spent together in the work environment to an amount which she deemed acceptable This was followed-up by a dinner at Les HaIles in the Financial District on or about August 112014 (hereinafter the Les HaIles Dinner) wherein Mr Murphy in light of Azeems alleged discomfort in the aftermath of the Walkers Dinner asked Azeem if she were comfortable with the Les HaIles Dinner conversation She responded emphatically that she was Clearly Azeem gave a patently false account of many of these events suggesting for example that it was Mr Murphy that had re-initiated their communications when in fact Azeem knew full well that she was always the one to re-institute communications And she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull On or about August 28 2014 Mr Murphy and Azeem had dinner at a tapas restaurant (again the Boqueria Dinner) thereafter several days later on or about September 2 2014 Mr Murphy and Azeem spent roughly four (4) hours together talking at the Path Station The conversation ranged from the mundane to Azeem boasting that when she had admirers in their twenties they eventually poured their hearts out to her and allegedly professed their love for her however she expressed incredulity that Mr Murphy had never done this She then went on to lament the fact that Mr Murphy had never expressed how he allegedly really felt towards her and during this four (4) hour conversation she was consistently cajoling and goading him into professing his supposed true feelings towards her Azeems statement to her Citigroup co-workers that Mr Murphy had allegedly told her that he loved her three (3) months earlier at the Walkers Dinner on May 282014 is pure fantasy insofar as inter alia

It never happened and moreover

If it had happened - which it did not - then why was Azeem pressing him on September 22014 in such close proximity to the cessation of their close friendship for a confession as to how he allegedly really felt

43

Clearly Azeem was lyinJ and moreover she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull As noted above at the Jimmys Drinks on or about September 5 2014 Azeem inter alia

Attempted without provocation on a myriad of occasions to induce and coerce Mr Murphy into revealing his true feelings for her which in actuality were feelings of extremely close friendship only In fact on a litany of prior occasions Azeem would try unsuccessfully to provoke confessions of romantic proclivities from Mr Murphy towards her These exhortations at the time appeared to be the innocuous acts of a selfshycentered insecure person yet after the events that have since transpired Azeem clearly had different intentions

Consumed without provocation an interminable amount of time discussing how attempts were made to recruit her as a swimsuit model and as a lip model respectively

Consumed without provocation an interminable amount of time discussing her efforts to get work as a fit model and the feedback that she had received regarding this ultimately failed effort

Boasted without provocation ad nauseum and gleefully about her breasts and how they were undoubtedly larger than Mr Murphy probably realized

Boasted without provocation that her breasts were so large that she did not require padding

Proclaimed without provocation that while her breasts were exceptional her butt was even better

Confided that she and her fiance were having sex every week a fact that she joyfully proclaimed and she also unprovoked shared her preferred lighting arrangements for the performance of said act

44

Thanked Mr Murphy for giving her the aforementioned Poetry Book As noted above Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it if it made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact as noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions shya practice to which Mr Murphy had invariably adhered following the Walkers Dinner - Azeem confirmed that

bull She was having no issues with their interactions and

bull She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential Imodeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc I

Put simply Azeems characterization of inter alia a) her interactions with Mr Murphy b) her attitude towards their relationship and c) her supposed discomfort with said relationship is wholly inconsistent and 100 incongruous with her behavior at the Jimmys Drinks Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that during her time studying medicine in Pakistan her driver would pass a particular spot each day and a policeman would be there leaning against his car looking at her in a wanton manner that she allegedly found offensive One day when the car was stuck in traffic she jumped out picked up a metal bar and proceeded to break the lights of the policemans car She said that he had a look ofgreat fear in his eyes which she found pleasing that intensified with each light that she subsequently broke Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion Mr Murphy does not know whether this strange tale is true or if Azeem simply made it up out ofwhole cloth which with

45

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

iii AZEEMS SLANDEROUS RECITATION OF EVENTS IS REPLETE WITH OUTRIGHT LIES HALF-TRUTHS DISTORTIONS AND OMISSIONS

24 Based upon Henriquezs September 19 2014 interrogation of Mr Murphy it can be

stated beyond peradventure that Azeems recitation of events to Human Resources was replete

with outright lies half-truths distortions and omissions Put simply Azeem blatantly

maliciously and intentionally lied to amon2st others Human Resources and in doing so

she wilfully and incontrovertibly slandered Mr Murphy to wit

bull Azeem claimed that she told Mr Murphy on multiple occasions that

She wished to end their friendship and that he did not accept this and

Mr Murphy persisted in his attentions against her expressed preferences

These are outri2ht lies On the paucity of occasions whereupon Azeem expressly stated a desire to end her close friendship with Mr Murphy - the impetus for which was normally prompted by Citigroup colleagues commenting about said burgeoning friendship - Mr Murphy dutifully and unfailingly respected Azeems wishes However on multiple occasions after having suggested that they end their close friendship Azeem would then invariably reshyinitiate contact Moreover while sitting with Mr Murphy at the Path Station one evening towards the later stages oftheir close friendship Azeem expressly recognized that it was always she that had resuscitated their friendship after each such hiatus Azeems assertion to her co-workers that Mr Murphy allegedly failed to honor her expressed desire to end their friendship inter alia

Was (and is) immensely damaging to Mr Murphy

Has contributed significantly to the wreckage of Mr Murphys previously stellar career and reputation respectively and

Was (and is) a false statement of fact which Azeem knowingly and maliciously made

35

bull From some of Azeems earliest interactions with Citigroup co-workers she went out of her way to engage in edgy conversation To this end Azeem spoke not just freely and unencumberedly but also pro-actively about inter alia

Her body parts with her butt being a particular obsession

Sex (her sex life the sex life of others and sex in general respectively) and

Drugs (her drug use the drug use of others and drug use in general respectively)

In doing so she attracted the attention of numerous Citigroup co-workers with whom she might otherwise have had little to do however by her own admission she basked in and invited the attention

In her discussions with Citigroup Azeem cited a small number of stories that Mr Murphy had shared with her about his sex life however these stories were shared by Mr Murphy against a very specific back-drop ie

Azeem often initiated discussions about such matters I I r

Azeem shared numerous stories regarding her body parts and her sex life 1 respectively

Azeem repeated to Mr Murphy stories regarding sex that other Citigroup co-workers had confided in her

Azeem provided Mr Murphy with regular reassurance that she was happy discussing such matters which of course was not surprising insofar as it was she who often initiated such discussions and

Azeem routinely dismissed suggestions from Mr Murphy that they leave certain topics out-of-bounds

Hence Azeems presentation and depiction of herself to amongst others Human Resources as a supposedly obsequious subservient and embarrassed shrinking violet upon whom Mr Murphy merely capriciously and haphazardly foisted inappropriate stories is an act of outrageous dishonesty and subterfuge on Azeems part and one that is unsustainable and susceptible to complete refutation To this end the list ofCitigroup co-workers with whom Azeem discussed such matters is long and while many of these individuals are still at Citigroup others are not

36

bull Azeems assertion or suggestion that Mr Murphy was somehow harboring romantic feelings towards her was downright false As noted above Mr Murphy did not tell Azeem that he loved her or that he wanted to pursue a romantic relationship with her In fact Mr Murphy did not love Azeem nor did he want a romantic relationship with her Rather for much of the time he greatly enjoyed her company he found her interesting and funny and he deemed said feelings unusual given their age gap These were the only feelings that he had harbored towards her Strong feelings of close friendship yes but not sexual or romantic feelings of any kind Azeem oftentimes remarked to Mr Murphy that male friends in their twenties (20s) invariably expressed their romantic interest in her and she complained that Mr Murphy had never done so a topic she returned to at length on or about September 2 2014 (see below) and again a few days thereafter at the Jimmys Drinks In fact as time wore on Azeem continually prodded Mr Murphy into disclosing how he really felt towards her in response to which Mr Murphy consistently tried oftentimes unsuccessfully to divert and reshyorient the conversation In fact in the later stages of their close friendship Mr Murphy explicitly told Azeem on several occasions that he did not want to discuss feelings further and he suggested to Azeem on numerous occasions that I they would be better off speaking about feelings less often or not at all Over I time Azeem became obsessed with the perceived from her perspective eventuality and fait accompli that Mr Murphys feelings towards her - albeit non-romantic feelings of extremely close friendship - would ultimately fade and IAzeem perpetually reverted to this topic in her continued interactions with Mr Murphy Clearly Azeem falsely attributed statements to Mr Murphy that he f never made and she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion I

I t

I f f f i ~

t l I ~

J37

bull Azeems assertion or suggestion that the strictly platonic non-sexual extremely close friendship that she had with Mr Murphy was somehow one-sided was

downright false in fact not only did Azeem consistently compliment Mr Murphy i

and tell him inter alia

I How much she liked him IHow intelligent and quick witted that she perceived him to be

f [

How well-read she thought that he was fbull

How funny she viewed him to be and t IHow seamless and fluid their conversations seemed to be (at least in the

inception before she began repetitively cajoling him into revealing his I supposedly true feelings for her) I

but she was of course a willing and enthusiastic participant in and attendee at I their various friendly dinners and drinks outside of the office To this end as noted above when others commented to Azeem that she had supposedly become popular with Mr Murphy she at times expressed discomfort in response to Iwhich Mr Murphy invariably ceased immediately speaking with her However I as noted in great detail above in response to the immediate cessation of his visits I

K

to her desk Azeem - sua sponte and on her own volition - commenced visiting [

I IMr Murphy in his office Whereas as noted above Henriquez connoted a vague awareness of Azeems visits to Mr Murphys office Azeem had clearly not

advised her of the frequency or length thereof or at whose volition (hers) that they f were conducted As further noted above Azeem also clearly failed to apprise ~

Henriquez that after she began visiting Mr Murphy in his office he referenced Azeems previous concern about the perception of others and she stated that this no longer bothered her and that she wanted people to know that their friendship was mutual Azeem told Mr Murphy that she wanted to indicate to others via her conduct and actions that their friendship was mutual

38

bull On a paucity of occasions prior to the aforementioned Jimmys Drinks Azeem expressed to Mr Murphy her alleged discomfort andor unhappiness with her interactions with him as a result of comments that colleagues at the Company had made to her As alluded to above at times Azeem expressed discomfort with these comments however at other times she oscillated and indicated that she did not care what others thought Leaving these vacillations aside Azeem clearly failed to tell Henriquez that whenever she expressed a desire for a change in her interactions with Mr Murphy as a result of the comments that others were making he invariably immediately and respectfully adhered to her wishes and curtailed all contact As further alluded to above Azeem also clearly failed to tell Henriquez that the re-establishment of communications would always come at her behest and was therefore inevitable because Azeem unfailingly re-engaged with Mr Murphy

bull The initial dinner that Mr Murphy had with Azeem was on or about May 28 2014 at Walkers in Tribeca (hereinafter the Walkers Dinner) As noted above whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner Moreover prior to the Walkers Dinner Azeem had invited Mr Murphy to a risque play outside of the office Azeem clearly failed to tell Henriquez about this theater invite At this Walkers Dinner Azeem

Disclosed to Mr Murphy without provocation her sexual history

Questioned Mr Murphy about his own sexual history

Expressed her platonic feelings towards Mr Murphy and he expressed the exact same feelings towards her and

Exchanged text messages with Mr Murphy after the dinner indicating that she had had an enjoyable non-objectionable evening

Clearly Azeem willfully misrepresented the aforementioned conversations and omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

39

bull As noted above when Henriquez mentioned during the Interrogation that Azeem had allegedly been uncomfortable with a dinner many months prior - i e the Walkers Dinner - Mr Murphy conceded truthfully that whereas Azeem was extraordinarily content the evening thereof she had expressed regrets thereafter to which Mr Murphy apologized both verbally and later via a store-purchased card Azeem had revealed to Mr Murphy - but apparently not to Henriquez - that it was only after the dinner when she began allegedly feeling uncomfortable Incidentally again as noted above with respect to this Walkers Dinner whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner In any event perhaps having been in a relationship for roughly six (6) years that was becoming more serious and that later resulted in a marriage38

- Azeem had felt gUilty that she had spent the prior evening inter alia discussing her and another mans sexual histories Regardless of why she allegedly felt uncomfortable Mr Murphy was resolute to not making things uncomfortable for Azeem going forward and he immediately ceased contact with her However having discussed her alleged discomfort with Mr Murphy on or about June 2 2014 later that same week Azeem approached Mr Murphy in a flirtatious fashion and thereafter exchanged enthusiastic text messages with him thus resuscitating their platonic friendship Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about June 20 2014 following the recommendation by Azeem of a sexy racy video to Mr Murphy the two had dinner on the Upper West Side at Bocca di Bacco (hereinafter the Bocca di Bacco Dinner) In the aftermath thereof Mr Murphy and Azeem shared thoughts on inter alia a) a book that they were contemporaneously reading and b) a play that they had each seen separately Throughout the next few weeks Azeem seemed obsessed with ensuring that Mr Murphys platonic feelings towards her would not fade and the friendship between the two strengthened and intensified Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

38 Azeem was married subsequent to Mr Murphys Wrongful Termination

40

bull On or about June 27 2014 following some lighthearted conversation at a Starbucks39 in Tribeca Mr Murphy and Azeem went to Tre Sorelle on Reade Street in Tribeca At Starbucks Azeem had cancelled her dinner plans with a friend so that she could spend the evening with Mr Murphy Mr Murphy and Azeem then spent the next several hours at Tre SoreIle wherein Azeem became increasingly more and more inebriated (as noted above Mr Murphy did not at that time and does not at present drink alcohol) As Azeem became increasingly drunk she brushed her knees up against Mr Murphy (her self-proclaimed signature move) in a lascivious manner on several occasions during this evening (and on subsequent occasions at later dinnersoutings) exclaiming at a later outing that when she gets drunk she has a tendency to lean in In response Mr Murphy moved backwards and remarked that Azeem was becoming a bit unwieldy Upon the closing ofTre Sorelle Mr Murphy and Azeem went to another bar - Barrows Pub in the West Village - wherein they stayed for roughly one (1) hour En route to Barrows Pub Azeem exclaimed that she had big hands and suggested that Mr Murphy put the palm of his hand against hers (she made this suggestion a number of times subsequently as well) Upon leaving Barrows Pub Azeem remarked that it was unusual that Mr Murphy had never kissed her good-bye at the end of an evening whereupon they proceeded to innocently kiss one another on the cheek good-bye Clearly Azeem wiIIfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 2 2014 following a work event at Dylan Prime in Tribeca Mr Murphy and Azeem ended up staying for quite some time alone (although for a period oftime prior to being alone there were two 2 other Citigroup colleagues present who had occasion to observe Mr Murphys and Azeems extraordinarily amicable and genial interactions) Azeem - as she was wont to do - had a number of drinks and after becoming quite inebriated she not only confided to Mr Murphy that she liked him but she also doled out a number of flattering compliments to him Again as was the case on or about June 27 2014 at Tre SorelIe Azeem brushed her knees up against Mr Murphy in a libidinous manner and at Dylan Prime Azeem placed her two hands on Mr Murphys knees while talking to him Furthermore it was also at Dylan Prime wherein Azeem exclaimed that when she gets drunk she has a tendency to lean in She also confided to Mr Murphy that

39 On the comer of Reade Street and Broadway

41

She was oftentimes hung-over at work after evenings with friendscolleagues and

On one unfortunate occasion she had vomited at work after consuming too many drinks with a Citigroup client a happenstance that she had also shared with other Citigroup colleagues as well

At Dylan Prime Azeem drunkenly bragged to Mr Murphy that a number of men had allegedly professed their love for her in the past exclaiming that she even had two (2) men at that very time allegedly tell her that they loved her She also confided to Mr Murphy that a bevy of men would oftentimes ask her out to dinner not seeming to care that she had a significant other She even expressed trepidation that her looks would fade in time and if that were to hypothetically occur she bemoaned the fact that she would lose the ability to sway and manipulate men in the manner to which she had clearly grown adroitly

taccustomed After leaving Dylan Prime Azeem who appeared unsteady as a Iresult of overindulging in alcohol asked Mr Murphy if she could hold his arm He acquiesced but prudishly placed his hand in his pocket so as to avert any

I 1

accusations of impropriety (a gesture which seems ironic now) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 172014 at a work event at Citi Field in Queens Mr Murphy I and Azeem spent a considerable amount of time talking which engendered comments from a few of their colleagues Azeem was visibly annoyed as a result of these comments both with Mr Murphy and with herself Thereafter Mr Murphy while on vacation sent Azeem a number of text messages expressing his sadness concerning her alleged distress Following Mr Murphys return from vacation Azeem - who conveyed that she was having difficulties with her mother and was thus experiencing emotional turbulence and angst at home40

- suggested that she and Mr Murphy cease communications Mr Murphy of course dutifully and respectfully agreed yet again to cease communications To this end Mr Murphy as had been the case previously immediately ceased contact with Azeem however as was also the case previously it was Azeem who yet again reshyignited and resuscitated their friendship on her own volition On or about AU2ust 12014 Azeem on her own volition and without provocation

40 Azeem resided with her parents

42

Came to Mr Murphys office

Was all smiles

Chatted with Mr Murphy enthusiastically and

Then walked with Mr Murphy to the subway

On the ensuing walk Mr Murphy made it crystal clear that ifAzeem ever wanted to chat she could come to his office and that way she could regulate the time they spent together in the work environment to an amount which she deemed acceptable This was followed-up by a dinner at Les HaIles in the Financial District on or about August 112014 (hereinafter the Les HaIles Dinner) wherein Mr Murphy in light of Azeems alleged discomfort in the aftermath of the Walkers Dinner asked Azeem if she were comfortable with the Les HaIles Dinner conversation She responded emphatically that she was Clearly Azeem gave a patently false account of many of these events suggesting for example that it was Mr Murphy that had re-initiated their communications when in fact Azeem knew full well that she was always the one to re-institute communications And she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull On or about August 28 2014 Mr Murphy and Azeem had dinner at a tapas restaurant (again the Boqueria Dinner) thereafter several days later on or about September 2 2014 Mr Murphy and Azeem spent roughly four (4) hours together talking at the Path Station The conversation ranged from the mundane to Azeem boasting that when she had admirers in their twenties they eventually poured their hearts out to her and allegedly professed their love for her however she expressed incredulity that Mr Murphy had never done this She then went on to lament the fact that Mr Murphy had never expressed how he allegedly really felt towards her and during this four (4) hour conversation she was consistently cajoling and goading him into professing his supposed true feelings towards her Azeems statement to her Citigroup co-workers that Mr Murphy had allegedly told her that he loved her three (3) months earlier at the Walkers Dinner on May 282014 is pure fantasy insofar as inter alia

It never happened and moreover

If it had happened - which it did not - then why was Azeem pressing him on September 22014 in such close proximity to the cessation of their close friendship for a confession as to how he allegedly really felt

43

Clearly Azeem was lyinJ and moreover she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull As noted above at the Jimmys Drinks on or about September 5 2014 Azeem inter alia

Attempted without provocation on a myriad of occasions to induce and coerce Mr Murphy into revealing his true feelings for her which in actuality were feelings of extremely close friendship only In fact on a litany of prior occasions Azeem would try unsuccessfully to provoke confessions of romantic proclivities from Mr Murphy towards her These exhortations at the time appeared to be the innocuous acts of a selfshycentered insecure person yet after the events that have since transpired Azeem clearly had different intentions

Consumed without provocation an interminable amount of time discussing how attempts were made to recruit her as a swimsuit model and as a lip model respectively

Consumed without provocation an interminable amount of time discussing her efforts to get work as a fit model and the feedback that she had received regarding this ultimately failed effort

Boasted without provocation ad nauseum and gleefully about her breasts and how they were undoubtedly larger than Mr Murphy probably realized

Boasted without provocation that her breasts were so large that she did not require padding

Proclaimed without provocation that while her breasts were exceptional her butt was even better

Confided that she and her fiance were having sex every week a fact that she joyfully proclaimed and she also unprovoked shared her preferred lighting arrangements for the performance of said act

44

Thanked Mr Murphy for giving her the aforementioned Poetry Book As noted above Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it if it made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact as noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions shya practice to which Mr Murphy had invariably adhered following the Walkers Dinner - Azeem confirmed that

bull She was having no issues with their interactions and

bull She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential Imodeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc I

Put simply Azeems characterization of inter alia a) her interactions with Mr Murphy b) her attitude towards their relationship and c) her supposed discomfort with said relationship is wholly inconsistent and 100 incongruous with her behavior at the Jimmys Drinks Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that during her time studying medicine in Pakistan her driver would pass a particular spot each day and a policeman would be there leaning against his car looking at her in a wanton manner that she allegedly found offensive One day when the car was stuck in traffic she jumped out picked up a metal bar and proceeded to break the lights of the policemans car She said that he had a look ofgreat fear in his eyes which she found pleasing that intensified with each light that she subsequently broke Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion Mr Murphy does not know whether this strange tale is true or if Azeem simply made it up out ofwhole cloth which with

45

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

bull From some of Azeems earliest interactions with Citigroup co-workers she went out of her way to engage in edgy conversation To this end Azeem spoke not just freely and unencumberedly but also pro-actively about inter alia

Her body parts with her butt being a particular obsession

Sex (her sex life the sex life of others and sex in general respectively) and

Drugs (her drug use the drug use of others and drug use in general respectively)

In doing so she attracted the attention of numerous Citigroup co-workers with whom she might otherwise have had little to do however by her own admission she basked in and invited the attention

In her discussions with Citigroup Azeem cited a small number of stories that Mr Murphy had shared with her about his sex life however these stories were shared by Mr Murphy against a very specific back-drop ie

Azeem often initiated discussions about such matters I I r

Azeem shared numerous stories regarding her body parts and her sex life 1 respectively

Azeem repeated to Mr Murphy stories regarding sex that other Citigroup co-workers had confided in her

Azeem provided Mr Murphy with regular reassurance that she was happy discussing such matters which of course was not surprising insofar as it was she who often initiated such discussions and

Azeem routinely dismissed suggestions from Mr Murphy that they leave certain topics out-of-bounds

Hence Azeems presentation and depiction of herself to amongst others Human Resources as a supposedly obsequious subservient and embarrassed shrinking violet upon whom Mr Murphy merely capriciously and haphazardly foisted inappropriate stories is an act of outrageous dishonesty and subterfuge on Azeems part and one that is unsustainable and susceptible to complete refutation To this end the list ofCitigroup co-workers with whom Azeem discussed such matters is long and while many of these individuals are still at Citigroup others are not

36

bull Azeems assertion or suggestion that Mr Murphy was somehow harboring romantic feelings towards her was downright false As noted above Mr Murphy did not tell Azeem that he loved her or that he wanted to pursue a romantic relationship with her In fact Mr Murphy did not love Azeem nor did he want a romantic relationship with her Rather for much of the time he greatly enjoyed her company he found her interesting and funny and he deemed said feelings unusual given their age gap These were the only feelings that he had harbored towards her Strong feelings of close friendship yes but not sexual or romantic feelings of any kind Azeem oftentimes remarked to Mr Murphy that male friends in their twenties (20s) invariably expressed their romantic interest in her and she complained that Mr Murphy had never done so a topic she returned to at length on or about September 2 2014 (see below) and again a few days thereafter at the Jimmys Drinks In fact as time wore on Azeem continually prodded Mr Murphy into disclosing how he really felt towards her in response to which Mr Murphy consistently tried oftentimes unsuccessfully to divert and reshyorient the conversation In fact in the later stages of their close friendship Mr Murphy explicitly told Azeem on several occasions that he did not want to discuss feelings further and he suggested to Azeem on numerous occasions that I they would be better off speaking about feelings less often or not at all Over I time Azeem became obsessed with the perceived from her perspective eventuality and fait accompli that Mr Murphys feelings towards her - albeit non-romantic feelings of extremely close friendship - would ultimately fade and IAzeem perpetually reverted to this topic in her continued interactions with Mr Murphy Clearly Azeem falsely attributed statements to Mr Murphy that he f never made and she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion I

I t

I f f f i ~

t l I ~

J37

bull Azeems assertion or suggestion that the strictly platonic non-sexual extremely close friendship that she had with Mr Murphy was somehow one-sided was

downright false in fact not only did Azeem consistently compliment Mr Murphy i

and tell him inter alia

I How much she liked him IHow intelligent and quick witted that she perceived him to be

f [

How well-read she thought that he was fbull

How funny she viewed him to be and t IHow seamless and fluid their conversations seemed to be (at least in the

inception before she began repetitively cajoling him into revealing his I supposedly true feelings for her) I

but she was of course a willing and enthusiastic participant in and attendee at I their various friendly dinners and drinks outside of the office To this end as noted above when others commented to Azeem that she had supposedly become popular with Mr Murphy she at times expressed discomfort in response to Iwhich Mr Murphy invariably ceased immediately speaking with her However I as noted in great detail above in response to the immediate cessation of his visits I

K

to her desk Azeem - sua sponte and on her own volition - commenced visiting [

I IMr Murphy in his office Whereas as noted above Henriquez connoted a vague awareness of Azeems visits to Mr Murphys office Azeem had clearly not

advised her of the frequency or length thereof or at whose volition (hers) that they f were conducted As further noted above Azeem also clearly failed to apprise ~

Henriquez that after she began visiting Mr Murphy in his office he referenced Azeems previous concern about the perception of others and she stated that this no longer bothered her and that she wanted people to know that their friendship was mutual Azeem told Mr Murphy that she wanted to indicate to others via her conduct and actions that their friendship was mutual

38

bull On a paucity of occasions prior to the aforementioned Jimmys Drinks Azeem expressed to Mr Murphy her alleged discomfort andor unhappiness with her interactions with him as a result of comments that colleagues at the Company had made to her As alluded to above at times Azeem expressed discomfort with these comments however at other times she oscillated and indicated that she did not care what others thought Leaving these vacillations aside Azeem clearly failed to tell Henriquez that whenever she expressed a desire for a change in her interactions with Mr Murphy as a result of the comments that others were making he invariably immediately and respectfully adhered to her wishes and curtailed all contact As further alluded to above Azeem also clearly failed to tell Henriquez that the re-establishment of communications would always come at her behest and was therefore inevitable because Azeem unfailingly re-engaged with Mr Murphy

bull The initial dinner that Mr Murphy had with Azeem was on or about May 28 2014 at Walkers in Tribeca (hereinafter the Walkers Dinner) As noted above whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner Moreover prior to the Walkers Dinner Azeem had invited Mr Murphy to a risque play outside of the office Azeem clearly failed to tell Henriquez about this theater invite At this Walkers Dinner Azeem

Disclosed to Mr Murphy without provocation her sexual history

Questioned Mr Murphy about his own sexual history

Expressed her platonic feelings towards Mr Murphy and he expressed the exact same feelings towards her and

Exchanged text messages with Mr Murphy after the dinner indicating that she had had an enjoyable non-objectionable evening

Clearly Azeem willfully misrepresented the aforementioned conversations and omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

39

bull As noted above when Henriquez mentioned during the Interrogation that Azeem had allegedly been uncomfortable with a dinner many months prior - i e the Walkers Dinner - Mr Murphy conceded truthfully that whereas Azeem was extraordinarily content the evening thereof she had expressed regrets thereafter to which Mr Murphy apologized both verbally and later via a store-purchased card Azeem had revealed to Mr Murphy - but apparently not to Henriquez - that it was only after the dinner when she began allegedly feeling uncomfortable Incidentally again as noted above with respect to this Walkers Dinner whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner In any event perhaps having been in a relationship for roughly six (6) years that was becoming more serious and that later resulted in a marriage38

- Azeem had felt gUilty that she had spent the prior evening inter alia discussing her and another mans sexual histories Regardless of why she allegedly felt uncomfortable Mr Murphy was resolute to not making things uncomfortable for Azeem going forward and he immediately ceased contact with her However having discussed her alleged discomfort with Mr Murphy on or about June 2 2014 later that same week Azeem approached Mr Murphy in a flirtatious fashion and thereafter exchanged enthusiastic text messages with him thus resuscitating their platonic friendship Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about June 20 2014 following the recommendation by Azeem of a sexy racy video to Mr Murphy the two had dinner on the Upper West Side at Bocca di Bacco (hereinafter the Bocca di Bacco Dinner) In the aftermath thereof Mr Murphy and Azeem shared thoughts on inter alia a) a book that they were contemporaneously reading and b) a play that they had each seen separately Throughout the next few weeks Azeem seemed obsessed with ensuring that Mr Murphys platonic feelings towards her would not fade and the friendship between the two strengthened and intensified Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

38 Azeem was married subsequent to Mr Murphys Wrongful Termination

40

bull On or about June 27 2014 following some lighthearted conversation at a Starbucks39 in Tribeca Mr Murphy and Azeem went to Tre Sorelle on Reade Street in Tribeca At Starbucks Azeem had cancelled her dinner plans with a friend so that she could spend the evening with Mr Murphy Mr Murphy and Azeem then spent the next several hours at Tre SoreIle wherein Azeem became increasingly more and more inebriated (as noted above Mr Murphy did not at that time and does not at present drink alcohol) As Azeem became increasingly drunk she brushed her knees up against Mr Murphy (her self-proclaimed signature move) in a lascivious manner on several occasions during this evening (and on subsequent occasions at later dinnersoutings) exclaiming at a later outing that when she gets drunk she has a tendency to lean in In response Mr Murphy moved backwards and remarked that Azeem was becoming a bit unwieldy Upon the closing ofTre Sorelle Mr Murphy and Azeem went to another bar - Barrows Pub in the West Village - wherein they stayed for roughly one (1) hour En route to Barrows Pub Azeem exclaimed that she had big hands and suggested that Mr Murphy put the palm of his hand against hers (she made this suggestion a number of times subsequently as well) Upon leaving Barrows Pub Azeem remarked that it was unusual that Mr Murphy had never kissed her good-bye at the end of an evening whereupon they proceeded to innocently kiss one another on the cheek good-bye Clearly Azeem wiIIfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 2 2014 following a work event at Dylan Prime in Tribeca Mr Murphy and Azeem ended up staying for quite some time alone (although for a period oftime prior to being alone there were two 2 other Citigroup colleagues present who had occasion to observe Mr Murphys and Azeems extraordinarily amicable and genial interactions) Azeem - as she was wont to do - had a number of drinks and after becoming quite inebriated she not only confided to Mr Murphy that she liked him but she also doled out a number of flattering compliments to him Again as was the case on or about June 27 2014 at Tre SorelIe Azeem brushed her knees up against Mr Murphy in a libidinous manner and at Dylan Prime Azeem placed her two hands on Mr Murphys knees while talking to him Furthermore it was also at Dylan Prime wherein Azeem exclaimed that when she gets drunk she has a tendency to lean in She also confided to Mr Murphy that

39 On the comer of Reade Street and Broadway

41

She was oftentimes hung-over at work after evenings with friendscolleagues and

On one unfortunate occasion she had vomited at work after consuming too many drinks with a Citigroup client a happenstance that she had also shared with other Citigroup colleagues as well

At Dylan Prime Azeem drunkenly bragged to Mr Murphy that a number of men had allegedly professed their love for her in the past exclaiming that she even had two (2) men at that very time allegedly tell her that they loved her She also confided to Mr Murphy that a bevy of men would oftentimes ask her out to dinner not seeming to care that she had a significant other She even expressed trepidation that her looks would fade in time and if that were to hypothetically occur she bemoaned the fact that she would lose the ability to sway and manipulate men in the manner to which she had clearly grown adroitly

taccustomed After leaving Dylan Prime Azeem who appeared unsteady as a Iresult of overindulging in alcohol asked Mr Murphy if she could hold his arm He acquiesced but prudishly placed his hand in his pocket so as to avert any

I 1

accusations of impropriety (a gesture which seems ironic now) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 172014 at a work event at Citi Field in Queens Mr Murphy I and Azeem spent a considerable amount of time talking which engendered comments from a few of their colleagues Azeem was visibly annoyed as a result of these comments both with Mr Murphy and with herself Thereafter Mr Murphy while on vacation sent Azeem a number of text messages expressing his sadness concerning her alleged distress Following Mr Murphys return from vacation Azeem - who conveyed that she was having difficulties with her mother and was thus experiencing emotional turbulence and angst at home40

- suggested that she and Mr Murphy cease communications Mr Murphy of course dutifully and respectfully agreed yet again to cease communications To this end Mr Murphy as had been the case previously immediately ceased contact with Azeem however as was also the case previously it was Azeem who yet again reshyignited and resuscitated their friendship on her own volition On or about AU2ust 12014 Azeem on her own volition and without provocation

40 Azeem resided with her parents

42

Came to Mr Murphys office

Was all smiles

Chatted with Mr Murphy enthusiastically and

Then walked with Mr Murphy to the subway

On the ensuing walk Mr Murphy made it crystal clear that ifAzeem ever wanted to chat she could come to his office and that way she could regulate the time they spent together in the work environment to an amount which she deemed acceptable This was followed-up by a dinner at Les HaIles in the Financial District on or about August 112014 (hereinafter the Les HaIles Dinner) wherein Mr Murphy in light of Azeems alleged discomfort in the aftermath of the Walkers Dinner asked Azeem if she were comfortable with the Les HaIles Dinner conversation She responded emphatically that she was Clearly Azeem gave a patently false account of many of these events suggesting for example that it was Mr Murphy that had re-initiated their communications when in fact Azeem knew full well that she was always the one to re-institute communications And she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull On or about August 28 2014 Mr Murphy and Azeem had dinner at a tapas restaurant (again the Boqueria Dinner) thereafter several days later on or about September 2 2014 Mr Murphy and Azeem spent roughly four (4) hours together talking at the Path Station The conversation ranged from the mundane to Azeem boasting that when she had admirers in their twenties they eventually poured their hearts out to her and allegedly professed their love for her however she expressed incredulity that Mr Murphy had never done this She then went on to lament the fact that Mr Murphy had never expressed how he allegedly really felt towards her and during this four (4) hour conversation she was consistently cajoling and goading him into professing his supposed true feelings towards her Azeems statement to her Citigroup co-workers that Mr Murphy had allegedly told her that he loved her three (3) months earlier at the Walkers Dinner on May 282014 is pure fantasy insofar as inter alia

It never happened and moreover

If it had happened - which it did not - then why was Azeem pressing him on September 22014 in such close proximity to the cessation of their close friendship for a confession as to how he allegedly really felt

43

Clearly Azeem was lyinJ and moreover she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull As noted above at the Jimmys Drinks on or about September 5 2014 Azeem inter alia

Attempted without provocation on a myriad of occasions to induce and coerce Mr Murphy into revealing his true feelings for her which in actuality were feelings of extremely close friendship only In fact on a litany of prior occasions Azeem would try unsuccessfully to provoke confessions of romantic proclivities from Mr Murphy towards her These exhortations at the time appeared to be the innocuous acts of a selfshycentered insecure person yet after the events that have since transpired Azeem clearly had different intentions

Consumed without provocation an interminable amount of time discussing how attempts were made to recruit her as a swimsuit model and as a lip model respectively

Consumed without provocation an interminable amount of time discussing her efforts to get work as a fit model and the feedback that she had received regarding this ultimately failed effort

Boasted without provocation ad nauseum and gleefully about her breasts and how they were undoubtedly larger than Mr Murphy probably realized

Boasted without provocation that her breasts were so large that she did not require padding

Proclaimed without provocation that while her breasts were exceptional her butt was even better

Confided that she and her fiance were having sex every week a fact that she joyfully proclaimed and she also unprovoked shared her preferred lighting arrangements for the performance of said act

44

Thanked Mr Murphy for giving her the aforementioned Poetry Book As noted above Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it if it made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact as noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions shya practice to which Mr Murphy had invariably adhered following the Walkers Dinner - Azeem confirmed that

bull She was having no issues with their interactions and

bull She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential Imodeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc I

Put simply Azeems characterization of inter alia a) her interactions with Mr Murphy b) her attitude towards their relationship and c) her supposed discomfort with said relationship is wholly inconsistent and 100 incongruous with her behavior at the Jimmys Drinks Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that during her time studying medicine in Pakistan her driver would pass a particular spot each day and a policeman would be there leaning against his car looking at her in a wanton manner that she allegedly found offensive One day when the car was stuck in traffic she jumped out picked up a metal bar and proceeded to break the lights of the policemans car She said that he had a look ofgreat fear in his eyes which she found pleasing that intensified with each light that she subsequently broke Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion Mr Murphy does not know whether this strange tale is true or if Azeem simply made it up out ofwhole cloth which with

45

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

bull Azeems assertion or suggestion that Mr Murphy was somehow harboring romantic feelings towards her was downright false As noted above Mr Murphy did not tell Azeem that he loved her or that he wanted to pursue a romantic relationship with her In fact Mr Murphy did not love Azeem nor did he want a romantic relationship with her Rather for much of the time he greatly enjoyed her company he found her interesting and funny and he deemed said feelings unusual given their age gap These were the only feelings that he had harbored towards her Strong feelings of close friendship yes but not sexual or romantic feelings of any kind Azeem oftentimes remarked to Mr Murphy that male friends in their twenties (20s) invariably expressed their romantic interest in her and she complained that Mr Murphy had never done so a topic she returned to at length on or about September 2 2014 (see below) and again a few days thereafter at the Jimmys Drinks In fact as time wore on Azeem continually prodded Mr Murphy into disclosing how he really felt towards her in response to which Mr Murphy consistently tried oftentimes unsuccessfully to divert and reshyorient the conversation In fact in the later stages of their close friendship Mr Murphy explicitly told Azeem on several occasions that he did not want to discuss feelings further and he suggested to Azeem on numerous occasions that I they would be better off speaking about feelings less often or not at all Over I time Azeem became obsessed with the perceived from her perspective eventuality and fait accompli that Mr Murphys feelings towards her - albeit non-romantic feelings of extremely close friendship - would ultimately fade and IAzeem perpetually reverted to this topic in her continued interactions with Mr Murphy Clearly Azeem falsely attributed statements to Mr Murphy that he f never made and she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion I

I t

I f f f i ~

t l I ~

J37

bull Azeems assertion or suggestion that the strictly platonic non-sexual extremely close friendship that she had with Mr Murphy was somehow one-sided was

downright false in fact not only did Azeem consistently compliment Mr Murphy i

and tell him inter alia

I How much she liked him IHow intelligent and quick witted that she perceived him to be

f [

How well-read she thought that he was fbull

How funny she viewed him to be and t IHow seamless and fluid their conversations seemed to be (at least in the

inception before she began repetitively cajoling him into revealing his I supposedly true feelings for her) I

but she was of course a willing and enthusiastic participant in and attendee at I their various friendly dinners and drinks outside of the office To this end as noted above when others commented to Azeem that she had supposedly become popular with Mr Murphy she at times expressed discomfort in response to Iwhich Mr Murphy invariably ceased immediately speaking with her However I as noted in great detail above in response to the immediate cessation of his visits I

K

to her desk Azeem - sua sponte and on her own volition - commenced visiting [

I IMr Murphy in his office Whereas as noted above Henriquez connoted a vague awareness of Azeems visits to Mr Murphys office Azeem had clearly not

advised her of the frequency or length thereof or at whose volition (hers) that they f were conducted As further noted above Azeem also clearly failed to apprise ~

Henriquez that after she began visiting Mr Murphy in his office he referenced Azeems previous concern about the perception of others and she stated that this no longer bothered her and that she wanted people to know that their friendship was mutual Azeem told Mr Murphy that she wanted to indicate to others via her conduct and actions that their friendship was mutual

38

bull On a paucity of occasions prior to the aforementioned Jimmys Drinks Azeem expressed to Mr Murphy her alleged discomfort andor unhappiness with her interactions with him as a result of comments that colleagues at the Company had made to her As alluded to above at times Azeem expressed discomfort with these comments however at other times she oscillated and indicated that she did not care what others thought Leaving these vacillations aside Azeem clearly failed to tell Henriquez that whenever she expressed a desire for a change in her interactions with Mr Murphy as a result of the comments that others were making he invariably immediately and respectfully adhered to her wishes and curtailed all contact As further alluded to above Azeem also clearly failed to tell Henriquez that the re-establishment of communications would always come at her behest and was therefore inevitable because Azeem unfailingly re-engaged with Mr Murphy

bull The initial dinner that Mr Murphy had with Azeem was on or about May 28 2014 at Walkers in Tribeca (hereinafter the Walkers Dinner) As noted above whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner Moreover prior to the Walkers Dinner Azeem had invited Mr Murphy to a risque play outside of the office Azeem clearly failed to tell Henriquez about this theater invite At this Walkers Dinner Azeem

Disclosed to Mr Murphy without provocation her sexual history

Questioned Mr Murphy about his own sexual history

Expressed her platonic feelings towards Mr Murphy and he expressed the exact same feelings towards her and

Exchanged text messages with Mr Murphy after the dinner indicating that she had had an enjoyable non-objectionable evening

Clearly Azeem willfully misrepresented the aforementioned conversations and omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

39

bull As noted above when Henriquez mentioned during the Interrogation that Azeem had allegedly been uncomfortable with a dinner many months prior - i e the Walkers Dinner - Mr Murphy conceded truthfully that whereas Azeem was extraordinarily content the evening thereof she had expressed regrets thereafter to which Mr Murphy apologized both verbally and later via a store-purchased card Azeem had revealed to Mr Murphy - but apparently not to Henriquez - that it was only after the dinner when she began allegedly feeling uncomfortable Incidentally again as noted above with respect to this Walkers Dinner whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner In any event perhaps having been in a relationship for roughly six (6) years that was becoming more serious and that later resulted in a marriage38

- Azeem had felt gUilty that she had spent the prior evening inter alia discussing her and another mans sexual histories Regardless of why she allegedly felt uncomfortable Mr Murphy was resolute to not making things uncomfortable for Azeem going forward and he immediately ceased contact with her However having discussed her alleged discomfort with Mr Murphy on or about June 2 2014 later that same week Azeem approached Mr Murphy in a flirtatious fashion and thereafter exchanged enthusiastic text messages with him thus resuscitating their platonic friendship Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about June 20 2014 following the recommendation by Azeem of a sexy racy video to Mr Murphy the two had dinner on the Upper West Side at Bocca di Bacco (hereinafter the Bocca di Bacco Dinner) In the aftermath thereof Mr Murphy and Azeem shared thoughts on inter alia a) a book that they were contemporaneously reading and b) a play that they had each seen separately Throughout the next few weeks Azeem seemed obsessed with ensuring that Mr Murphys platonic feelings towards her would not fade and the friendship between the two strengthened and intensified Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

38 Azeem was married subsequent to Mr Murphys Wrongful Termination

40

bull On or about June 27 2014 following some lighthearted conversation at a Starbucks39 in Tribeca Mr Murphy and Azeem went to Tre Sorelle on Reade Street in Tribeca At Starbucks Azeem had cancelled her dinner plans with a friend so that she could spend the evening with Mr Murphy Mr Murphy and Azeem then spent the next several hours at Tre SoreIle wherein Azeem became increasingly more and more inebriated (as noted above Mr Murphy did not at that time and does not at present drink alcohol) As Azeem became increasingly drunk she brushed her knees up against Mr Murphy (her self-proclaimed signature move) in a lascivious manner on several occasions during this evening (and on subsequent occasions at later dinnersoutings) exclaiming at a later outing that when she gets drunk she has a tendency to lean in In response Mr Murphy moved backwards and remarked that Azeem was becoming a bit unwieldy Upon the closing ofTre Sorelle Mr Murphy and Azeem went to another bar - Barrows Pub in the West Village - wherein they stayed for roughly one (1) hour En route to Barrows Pub Azeem exclaimed that she had big hands and suggested that Mr Murphy put the palm of his hand against hers (she made this suggestion a number of times subsequently as well) Upon leaving Barrows Pub Azeem remarked that it was unusual that Mr Murphy had never kissed her good-bye at the end of an evening whereupon they proceeded to innocently kiss one another on the cheek good-bye Clearly Azeem wiIIfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 2 2014 following a work event at Dylan Prime in Tribeca Mr Murphy and Azeem ended up staying for quite some time alone (although for a period oftime prior to being alone there were two 2 other Citigroup colleagues present who had occasion to observe Mr Murphys and Azeems extraordinarily amicable and genial interactions) Azeem - as she was wont to do - had a number of drinks and after becoming quite inebriated she not only confided to Mr Murphy that she liked him but she also doled out a number of flattering compliments to him Again as was the case on or about June 27 2014 at Tre SorelIe Azeem brushed her knees up against Mr Murphy in a libidinous manner and at Dylan Prime Azeem placed her two hands on Mr Murphys knees while talking to him Furthermore it was also at Dylan Prime wherein Azeem exclaimed that when she gets drunk she has a tendency to lean in She also confided to Mr Murphy that

39 On the comer of Reade Street and Broadway

41

She was oftentimes hung-over at work after evenings with friendscolleagues and

On one unfortunate occasion she had vomited at work after consuming too many drinks with a Citigroup client a happenstance that she had also shared with other Citigroup colleagues as well

At Dylan Prime Azeem drunkenly bragged to Mr Murphy that a number of men had allegedly professed their love for her in the past exclaiming that she even had two (2) men at that very time allegedly tell her that they loved her She also confided to Mr Murphy that a bevy of men would oftentimes ask her out to dinner not seeming to care that she had a significant other She even expressed trepidation that her looks would fade in time and if that were to hypothetically occur she bemoaned the fact that she would lose the ability to sway and manipulate men in the manner to which she had clearly grown adroitly

taccustomed After leaving Dylan Prime Azeem who appeared unsteady as a Iresult of overindulging in alcohol asked Mr Murphy if she could hold his arm He acquiesced but prudishly placed his hand in his pocket so as to avert any

I 1

accusations of impropriety (a gesture which seems ironic now) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 172014 at a work event at Citi Field in Queens Mr Murphy I and Azeem spent a considerable amount of time talking which engendered comments from a few of their colleagues Azeem was visibly annoyed as a result of these comments both with Mr Murphy and with herself Thereafter Mr Murphy while on vacation sent Azeem a number of text messages expressing his sadness concerning her alleged distress Following Mr Murphys return from vacation Azeem - who conveyed that she was having difficulties with her mother and was thus experiencing emotional turbulence and angst at home40

- suggested that she and Mr Murphy cease communications Mr Murphy of course dutifully and respectfully agreed yet again to cease communications To this end Mr Murphy as had been the case previously immediately ceased contact with Azeem however as was also the case previously it was Azeem who yet again reshyignited and resuscitated their friendship on her own volition On or about AU2ust 12014 Azeem on her own volition and without provocation

40 Azeem resided with her parents

42

Came to Mr Murphys office

Was all smiles

Chatted with Mr Murphy enthusiastically and

Then walked with Mr Murphy to the subway

On the ensuing walk Mr Murphy made it crystal clear that ifAzeem ever wanted to chat she could come to his office and that way she could regulate the time they spent together in the work environment to an amount which she deemed acceptable This was followed-up by a dinner at Les HaIles in the Financial District on or about August 112014 (hereinafter the Les HaIles Dinner) wherein Mr Murphy in light of Azeems alleged discomfort in the aftermath of the Walkers Dinner asked Azeem if she were comfortable with the Les HaIles Dinner conversation She responded emphatically that she was Clearly Azeem gave a patently false account of many of these events suggesting for example that it was Mr Murphy that had re-initiated their communications when in fact Azeem knew full well that she was always the one to re-institute communications And she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull On or about August 28 2014 Mr Murphy and Azeem had dinner at a tapas restaurant (again the Boqueria Dinner) thereafter several days later on or about September 2 2014 Mr Murphy and Azeem spent roughly four (4) hours together talking at the Path Station The conversation ranged from the mundane to Azeem boasting that when she had admirers in their twenties they eventually poured their hearts out to her and allegedly professed their love for her however she expressed incredulity that Mr Murphy had never done this She then went on to lament the fact that Mr Murphy had never expressed how he allegedly really felt towards her and during this four (4) hour conversation she was consistently cajoling and goading him into professing his supposed true feelings towards her Azeems statement to her Citigroup co-workers that Mr Murphy had allegedly told her that he loved her three (3) months earlier at the Walkers Dinner on May 282014 is pure fantasy insofar as inter alia

It never happened and moreover

If it had happened - which it did not - then why was Azeem pressing him on September 22014 in such close proximity to the cessation of their close friendship for a confession as to how he allegedly really felt

43

Clearly Azeem was lyinJ and moreover she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull As noted above at the Jimmys Drinks on or about September 5 2014 Azeem inter alia

Attempted without provocation on a myriad of occasions to induce and coerce Mr Murphy into revealing his true feelings for her which in actuality were feelings of extremely close friendship only In fact on a litany of prior occasions Azeem would try unsuccessfully to provoke confessions of romantic proclivities from Mr Murphy towards her These exhortations at the time appeared to be the innocuous acts of a selfshycentered insecure person yet after the events that have since transpired Azeem clearly had different intentions

Consumed without provocation an interminable amount of time discussing how attempts were made to recruit her as a swimsuit model and as a lip model respectively

Consumed without provocation an interminable amount of time discussing her efforts to get work as a fit model and the feedback that she had received regarding this ultimately failed effort

Boasted without provocation ad nauseum and gleefully about her breasts and how they were undoubtedly larger than Mr Murphy probably realized

Boasted without provocation that her breasts were so large that she did not require padding

Proclaimed without provocation that while her breasts were exceptional her butt was even better

Confided that she and her fiance were having sex every week a fact that she joyfully proclaimed and she also unprovoked shared her preferred lighting arrangements for the performance of said act

44

Thanked Mr Murphy for giving her the aforementioned Poetry Book As noted above Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it if it made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact as noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions shya practice to which Mr Murphy had invariably adhered following the Walkers Dinner - Azeem confirmed that

bull She was having no issues with their interactions and

bull She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential Imodeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc I

Put simply Azeems characterization of inter alia a) her interactions with Mr Murphy b) her attitude towards their relationship and c) her supposed discomfort with said relationship is wholly inconsistent and 100 incongruous with her behavior at the Jimmys Drinks Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that during her time studying medicine in Pakistan her driver would pass a particular spot each day and a policeman would be there leaning against his car looking at her in a wanton manner that she allegedly found offensive One day when the car was stuck in traffic she jumped out picked up a metal bar and proceeded to break the lights of the policemans car She said that he had a look ofgreat fear in his eyes which she found pleasing that intensified with each light that she subsequently broke Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion Mr Murphy does not know whether this strange tale is true or if Azeem simply made it up out ofwhole cloth which with

45

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

bull Azeems assertion or suggestion that the strictly platonic non-sexual extremely close friendship that she had with Mr Murphy was somehow one-sided was

downright false in fact not only did Azeem consistently compliment Mr Murphy i

and tell him inter alia

I How much she liked him IHow intelligent and quick witted that she perceived him to be

f [

How well-read she thought that he was fbull

How funny she viewed him to be and t IHow seamless and fluid their conversations seemed to be (at least in the

inception before she began repetitively cajoling him into revealing his I supposedly true feelings for her) I

but she was of course a willing and enthusiastic participant in and attendee at I their various friendly dinners and drinks outside of the office To this end as noted above when others commented to Azeem that she had supposedly become popular with Mr Murphy she at times expressed discomfort in response to Iwhich Mr Murphy invariably ceased immediately speaking with her However I as noted in great detail above in response to the immediate cessation of his visits I

K

to her desk Azeem - sua sponte and on her own volition - commenced visiting [

I IMr Murphy in his office Whereas as noted above Henriquez connoted a vague awareness of Azeems visits to Mr Murphys office Azeem had clearly not

advised her of the frequency or length thereof or at whose volition (hers) that they f were conducted As further noted above Azeem also clearly failed to apprise ~

Henriquez that after she began visiting Mr Murphy in his office he referenced Azeems previous concern about the perception of others and she stated that this no longer bothered her and that she wanted people to know that their friendship was mutual Azeem told Mr Murphy that she wanted to indicate to others via her conduct and actions that their friendship was mutual

38

bull On a paucity of occasions prior to the aforementioned Jimmys Drinks Azeem expressed to Mr Murphy her alleged discomfort andor unhappiness with her interactions with him as a result of comments that colleagues at the Company had made to her As alluded to above at times Azeem expressed discomfort with these comments however at other times she oscillated and indicated that she did not care what others thought Leaving these vacillations aside Azeem clearly failed to tell Henriquez that whenever she expressed a desire for a change in her interactions with Mr Murphy as a result of the comments that others were making he invariably immediately and respectfully adhered to her wishes and curtailed all contact As further alluded to above Azeem also clearly failed to tell Henriquez that the re-establishment of communications would always come at her behest and was therefore inevitable because Azeem unfailingly re-engaged with Mr Murphy

bull The initial dinner that Mr Murphy had with Azeem was on or about May 28 2014 at Walkers in Tribeca (hereinafter the Walkers Dinner) As noted above whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner Moreover prior to the Walkers Dinner Azeem had invited Mr Murphy to a risque play outside of the office Azeem clearly failed to tell Henriquez about this theater invite At this Walkers Dinner Azeem

Disclosed to Mr Murphy without provocation her sexual history

Questioned Mr Murphy about his own sexual history

Expressed her platonic feelings towards Mr Murphy and he expressed the exact same feelings towards her and

Exchanged text messages with Mr Murphy after the dinner indicating that she had had an enjoyable non-objectionable evening

Clearly Azeem willfully misrepresented the aforementioned conversations and omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

39

bull As noted above when Henriquez mentioned during the Interrogation that Azeem had allegedly been uncomfortable with a dinner many months prior - i e the Walkers Dinner - Mr Murphy conceded truthfully that whereas Azeem was extraordinarily content the evening thereof she had expressed regrets thereafter to which Mr Murphy apologized both verbally and later via a store-purchased card Azeem had revealed to Mr Murphy - but apparently not to Henriquez - that it was only after the dinner when she began allegedly feeling uncomfortable Incidentally again as noted above with respect to this Walkers Dinner whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner In any event perhaps having been in a relationship for roughly six (6) years that was becoming more serious and that later resulted in a marriage38

- Azeem had felt gUilty that she had spent the prior evening inter alia discussing her and another mans sexual histories Regardless of why she allegedly felt uncomfortable Mr Murphy was resolute to not making things uncomfortable for Azeem going forward and he immediately ceased contact with her However having discussed her alleged discomfort with Mr Murphy on or about June 2 2014 later that same week Azeem approached Mr Murphy in a flirtatious fashion and thereafter exchanged enthusiastic text messages with him thus resuscitating their platonic friendship Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about June 20 2014 following the recommendation by Azeem of a sexy racy video to Mr Murphy the two had dinner on the Upper West Side at Bocca di Bacco (hereinafter the Bocca di Bacco Dinner) In the aftermath thereof Mr Murphy and Azeem shared thoughts on inter alia a) a book that they were contemporaneously reading and b) a play that they had each seen separately Throughout the next few weeks Azeem seemed obsessed with ensuring that Mr Murphys platonic feelings towards her would not fade and the friendship between the two strengthened and intensified Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

38 Azeem was married subsequent to Mr Murphys Wrongful Termination

40

bull On or about June 27 2014 following some lighthearted conversation at a Starbucks39 in Tribeca Mr Murphy and Azeem went to Tre Sorelle on Reade Street in Tribeca At Starbucks Azeem had cancelled her dinner plans with a friend so that she could spend the evening with Mr Murphy Mr Murphy and Azeem then spent the next several hours at Tre SoreIle wherein Azeem became increasingly more and more inebriated (as noted above Mr Murphy did not at that time and does not at present drink alcohol) As Azeem became increasingly drunk she brushed her knees up against Mr Murphy (her self-proclaimed signature move) in a lascivious manner on several occasions during this evening (and on subsequent occasions at later dinnersoutings) exclaiming at a later outing that when she gets drunk she has a tendency to lean in In response Mr Murphy moved backwards and remarked that Azeem was becoming a bit unwieldy Upon the closing ofTre Sorelle Mr Murphy and Azeem went to another bar - Barrows Pub in the West Village - wherein they stayed for roughly one (1) hour En route to Barrows Pub Azeem exclaimed that she had big hands and suggested that Mr Murphy put the palm of his hand against hers (she made this suggestion a number of times subsequently as well) Upon leaving Barrows Pub Azeem remarked that it was unusual that Mr Murphy had never kissed her good-bye at the end of an evening whereupon they proceeded to innocently kiss one another on the cheek good-bye Clearly Azeem wiIIfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 2 2014 following a work event at Dylan Prime in Tribeca Mr Murphy and Azeem ended up staying for quite some time alone (although for a period oftime prior to being alone there were two 2 other Citigroup colleagues present who had occasion to observe Mr Murphys and Azeems extraordinarily amicable and genial interactions) Azeem - as she was wont to do - had a number of drinks and after becoming quite inebriated she not only confided to Mr Murphy that she liked him but she also doled out a number of flattering compliments to him Again as was the case on or about June 27 2014 at Tre SorelIe Azeem brushed her knees up against Mr Murphy in a libidinous manner and at Dylan Prime Azeem placed her two hands on Mr Murphys knees while talking to him Furthermore it was also at Dylan Prime wherein Azeem exclaimed that when she gets drunk she has a tendency to lean in She also confided to Mr Murphy that

39 On the comer of Reade Street and Broadway

41

She was oftentimes hung-over at work after evenings with friendscolleagues and

On one unfortunate occasion she had vomited at work after consuming too many drinks with a Citigroup client a happenstance that she had also shared with other Citigroup colleagues as well

At Dylan Prime Azeem drunkenly bragged to Mr Murphy that a number of men had allegedly professed their love for her in the past exclaiming that she even had two (2) men at that very time allegedly tell her that they loved her She also confided to Mr Murphy that a bevy of men would oftentimes ask her out to dinner not seeming to care that she had a significant other She even expressed trepidation that her looks would fade in time and if that were to hypothetically occur she bemoaned the fact that she would lose the ability to sway and manipulate men in the manner to which she had clearly grown adroitly

taccustomed After leaving Dylan Prime Azeem who appeared unsteady as a Iresult of overindulging in alcohol asked Mr Murphy if she could hold his arm He acquiesced but prudishly placed his hand in his pocket so as to avert any

I 1

accusations of impropriety (a gesture which seems ironic now) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 172014 at a work event at Citi Field in Queens Mr Murphy I and Azeem spent a considerable amount of time talking which engendered comments from a few of their colleagues Azeem was visibly annoyed as a result of these comments both with Mr Murphy and with herself Thereafter Mr Murphy while on vacation sent Azeem a number of text messages expressing his sadness concerning her alleged distress Following Mr Murphys return from vacation Azeem - who conveyed that she was having difficulties with her mother and was thus experiencing emotional turbulence and angst at home40

- suggested that she and Mr Murphy cease communications Mr Murphy of course dutifully and respectfully agreed yet again to cease communications To this end Mr Murphy as had been the case previously immediately ceased contact with Azeem however as was also the case previously it was Azeem who yet again reshyignited and resuscitated their friendship on her own volition On or about AU2ust 12014 Azeem on her own volition and without provocation

40 Azeem resided with her parents

42

Came to Mr Murphys office

Was all smiles

Chatted with Mr Murphy enthusiastically and

Then walked with Mr Murphy to the subway

On the ensuing walk Mr Murphy made it crystal clear that ifAzeem ever wanted to chat she could come to his office and that way she could regulate the time they spent together in the work environment to an amount which she deemed acceptable This was followed-up by a dinner at Les HaIles in the Financial District on or about August 112014 (hereinafter the Les HaIles Dinner) wherein Mr Murphy in light of Azeems alleged discomfort in the aftermath of the Walkers Dinner asked Azeem if she were comfortable with the Les HaIles Dinner conversation She responded emphatically that she was Clearly Azeem gave a patently false account of many of these events suggesting for example that it was Mr Murphy that had re-initiated their communications when in fact Azeem knew full well that she was always the one to re-institute communications And she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull On or about August 28 2014 Mr Murphy and Azeem had dinner at a tapas restaurant (again the Boqueria Dinner) thereafter several days later on or about September 2 2014 Mr Murphy and Azeem spent roughly four (4) hours together talking at the Path Station The conversation ranged from the mundane to Azeem boasting that when she had admirers in their twenties they eventually poured their hearts out to her and allegedly professed their love for her however she expressed incredulity that Mr Murphy had never done this She then went on to lament the fact that Mr Murphy had never expressed how he allegedly really felt towards her and during this four (4) hour conversation she was consistently cajoling and goading him into professing his supposed true feelings towards her Azeems statement to her Citigroup co-workers that Mr Murphy had allegedly told her that he loved her three (3) months earlier at the Walkers Dinner on May 282014 is pure fantasy insofar as inter alia

It never happened and moreover

If it had happened - which it did not - then why was Azeem pressing him on September 22014 in such close proximity to the cessation of their close friendship for a confession as to how he allegedly really felt

43

Clearly Azeem was lyinJ and moreover she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull As noted above at the Jimmys Drinks on or about September 5 2014 Azeem inter alia

Attempted without provocation on a myriad of occasions to induce and coerce Mr Murphy into revealing his true feelings for her which in actuality were feelings of extremely close friendship only In fact on a litany of prior occasions Azeem would try unsuccessfully to provoke confessions of romantic proclivities from Mr Murphy towards her These exhortations at the time appeared to be the innocuous acts of a selfshycentered insecure person yet after the events that have since transpired Azeem clearly had different intentions

Consumed without provocation an interminable amount of time discussing how attempts were made to recruit her as a swimsuit model and as a lip model respectively

Consumed without provocation an interminable amount of time discussing her efforts to get work as a fit model and the feedback that she had received regarding this ultimately failed effort

Boasted without provocation ad nauseum and gleefully about her breasts and how they were undoubtedly larger than Mr Murphy probably realized

Boasted without provocation that her breasts were so large that she did not require padding

Proclaimed without provocation that while her breasts were exceptional her butt was even better

Confided that she and her fiance were having sex every week a fact that she joyfully proclaimed and she also unprovoked shared her preferred lighting arrangements for the performance of said act

44

Thanked Mr Murphy for giving her the aforementioned Poetry Book As noted above Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it if it made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact as noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions shya practice to which Mr Murphy had invariably adhered following the Walkers Dinner - Azeem confirmed that

bull She was having no issues with their interactions and

bull She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential Imodeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc I

Put simply Azeems characterization of inter alia a) her interactions with Mr Murphy b) her attitude towards their relationship and c) her supposed discomfort with said relationship is wholly inconsistent and 100 incongruous with her behavior at the Jimmys Drinks Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that during her time studying medicine in Pakistan her driver would pass a particular spot each day and a policeman would be there leaning against his car looking at her in a wanton manner that she allegedly found offensive One day when the car was stuck in traffic she jumped out picked up a metal bar and proceeded to break the lights of the policemans car She said that he had a look ofgreat fear in his eyes which she found pleasing that intensified with each light that she subsequently broke Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion Mr Murphy does not know whether this strange tale is true or if Azeem simply made it up out ofwhole cloth which with

45

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

bull On a paucity of occasions prior to the aforementioned Jimmys Drinks Azeem expressed to Mr Murphy her alleged discomfort andor unhappiness with her interactions with him as a result of comments that colleagues at the Company had made to her As alluded to above at times Azeem expressed discomfort with these comments however at other times she oscillated and indicated that she did not care what others thought Leaving these vacillations aside Azeem clearly failed to tell Henriquez that whenever she expressed a desire for a change in her interactions with Mr Murphy as a result of the comments that others were making he invariably immediately and respectfully adhered to her wishes and curtailed all contact As further alluded to above Azeem also clearly failed to tell Henriquez that the re-establishment of communications would always come at her behest and was therefore inevitable because Azeem unfailingly re-engaged with Mr Murphy

bull The initial dinner that Mr Murphy had with Azeem was on or about May 28 2014 at Walkers in Tribeca (hereinafter the Walkers Dinner) As noted above whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner Moreover prior to the Walkers Dinner Azeem had invited Mr Murphy to a risque play outside of the office Azeem clearly failed to tell Henriquez about this theater invite At this Walkers Dinner Azeem

Disclosed to Mr Murphy without provocation her sexual history

Questioned Mr Murphy about his own sexual history

Expressed her platonic feelings towards Mr Murphy and he expressed the exact same feelings towards her and

Exchanged text messages with Mr Murphy after the dinner indicating that she had had an enjoyable non-objectionable evening

Clearly Azeem willfully misrepresented the aforementioned conversations and omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

39

bull As noted above when Henriquez mentioned during the Interrogation that Azeem had allegedly been uncomfortable with a dinner many months prior - i e the Walkers Dinner - Mr Murphy conceded truthfully that whereas Azeem was extraordinarily content the evening thereof she had expressed regrets thereafter to which Mr Murphy apologized both verbally and later via a store-purchased card Azeem had revealed to Mr Murphy - but apparently not to Henriquez - that it was only after the dinner when she began allegedly feeling uncomfortable Incidentally again as noted above with respect to this Walkers Dinner whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner In any event perhaps having been in a relationship for roughly six (6) years that was becoming more serious and that later resulted in a marriage38

- Azeem had felt gUilty that she had spent the prior evening inter alia discussing her and another mans sexual histories Regardless of why she allegedly felt uncomfortable Mr Murphy was resolute to not making things uncomfortable for Azeem going forward and he immediately ceased contact with her However having discussed her alleged discomfort with Mr Murphy on or about June 2 2014 later that same week Azeem approached Mr Murphy in a flirtatious fashion and thereafter exchanged enthusiastic text messages with him thus resuscitating their platonic friendship Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about June 20 2014 following the recommendation by Azeem of a sexy racy video to Mr Murphy the two had dinner on the Upper West Side at Bocca di Bacco (hereinafter the Bocca di Bacco Dinner) In the aftermath thereof Mr Murphy and Azeem shared thoughts on inter alia a) a book that they were contemporaneously reading and b) a play that they had each seen separately Throughout the next few weeks Azeem seemed obsessed with ensuring that Mr Murphys platonic feelings towards her would not fade and the friendship between the two strengthened and intensified Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

38 Azeem was married subsequent to Mr Murphys Wrongful Termination

40

bull On or about June 27 2014 following some lighthearted conversation at a Starbucks39 in Tribeca Mr Murphy and Azeem went to Tre Sorelle on Reade Street in Tribeca At Starbucks Azeem had cancelled her dinner plans with a friend so that she could spend the evening with Mr Murphy Mr Murphy and Azeem then spent the next several hours at Tre SoreIle wherein Azeem became increasingly more and more inebriated (as noted above Mr Murphy did not at that time and does not at present drink alcohol) As Azeem became increasingly drunk she brushed her knees up against Mr Murphy (her self-proclaimed signature move) in a lascivious manner on several occasions during this evening (and on subsequent occasions at later dinnersoutings) exclaiming at a later outing that when she gets drunk she has a tendency to lean in In response Mr Murphy moved backwards and remarked that Azeem was becoming a bit unwieldy Upon the closing ofTre Sorelle Mr Murphy and Azeem went to another bar - Barrows Pub in the West Village - wherein they stayed for roughly one (1) hour En route to Barrows Pub Azeem exclaimed that she had big hands and suggested that Mr Murphy put the palm of his hand against hers (she made this suggestion a number of times subsequently as well) Upon leaving Barrows Pub Azeem remarked that it was unusual that Mr Murphy had never kissed her good-bye at the end of an evening whereupon they proceeded to innocently kiss one another on the cheek good-bye Clearly Azeem wiIIfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 2 2014 following a work event at Dylan Prime in Tribeca Mr Murphy and Azeem ended up staying for quite some time alone (although for a period oftime prior to being alone there were two 2 other Citigroup colleagues present who had occasion to observe Mr Murphys and Azeems extraordinarily amicable and genial interactions) Azeem - as she was wont to do - had a number of drinks and after becoming quite inebriated she not only confided to Mr Murphy that she liked him but she also doled out a number of flattering compliments to him Again as was the case on or about June 27 2014 at Tre SorelIe Azeem brushed her knees up against Mr Murphy in a libidinous manner and at Dylan Prime Azeem placed her two hands on Mr Murphys knees while talking to him Furthermore it was also at Dylan Prime wherein Azeem exclaimed that when she gets drunk she has a tendency to lean in She also confided to Mr Murphy that

39 On the comer of Reade Street and Broadway

41

She was oftentimes hung-over at work after evenings with friendscolleagues and

On one unfortunate occasion she had vomited at work after consuming too many drinks with a Citigroup client a happenstance that she had also shared with other Citigroup colleagues as well

At Dylan Prime Azeem drunkenly bragged to Mr Murphy that a number of men had allegedly professed their love for her in the past exclaiming that she even had two (2) men at that very time allegedly tell her that they loved her She also confided to Mr Murphy that a bevy of men would oftentimes ask her out to dinner not seeming to care that she had a significant other She even expressed trepidation that her looks would fade in time and if that were to hypothetically occur she bemoaned the fact that she would lose the ability to sway and manipulate men in the manner to which she had clearly grown adroitly

taccustomed After leaving Dylan Prime Azeem who appeared unsteady as a Iresult of overindulging in alcohol asked Mr Murphy if she could hold his arm He acquiesced but prudishly placed his hand in his pocket so as to avert any

I 1

accusations of impropriety (a gesture which seems ironic now) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 172014 at a work event at Citi Field in Queens Mr Murphy I and Azeem spent a considerable amount of time talking which engendered comments from a few of their colleagues Azeem was visibly annoyed as a result of these comments both with Mr Murphy and with herself Thereafter Mr Murphy while on vacation sent Azeem a number of text messages expressing his sadness concerning her alleged distress Following Mr Murphys return from vacation Azeem - who conveyed that she was having difficulties with her mother and was thus experiencing emotional turbulence and angst at home40

- suggested that she and Mr Murphy cease communications Mr Murphy of course dutifully and respectfully agreed yet again to cease communications To this end Mr Murphy as had been the case previously immediately ceased contact with Azeem however as was also the case previously it was Azeem who yet again reshyignited and resuscitated their friendship on her own volition On or about AU2ust 12014 Azeem on her own volition and without provocation

40 Azeem resided with her parents

42

Came to Mr Murphys office

Was all smiles

Chatted with Mr Murphy enthusiastically and

Then walked with Mr Murphy to the subway

On the ensuing walk Mr Murphy made it crystal clear that ifAzeem ever wanted to chat she could come to his office and that way she could regulate the time they spent together in the work environment to an amount which she deemed acceptable This was followed-up by a dinner at Les HaIles in the Financial District on or about August 112014 (hereinafter the Les HaIles Dinner) wherein Mr Murphy in light of Azeems alleged discomfort in the aftermath of the Walkers Dinner asked Azeem if she were comfortable with the Les HaIles Dinner conversation She responded emphatically that she was Clearly Azeem gave a patently false account of many of these events suggesting for example that it was Mr Murphy that had re-initiated their communications when in fact Azeem knew full well that she was always the one to re-institute communications And she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull On or about August 28 2014 Mr Murphy and Azeem had dinner at a tapas restaurant (again the Boqueria Dinner) thereafter several days later on or about September 2 2014 Mr Murphy and Azeem spent roughly four (4) hours together talking at the Path Station The conversation ranged from the mundane to Azeem boasting that when she had admirers in their twenties they eventually poured their hearts out to her and allegedly professed their love for her however she expressed incredulity that Mr Murphy had never done this She then went on to lament the fact that Mr Murphy had never expressed how he allegedly really felt towards her and during this four (4) hour conversation she was consistently cajoling and goading him into professing his supposed true feelings towards her Azeems statement to her Citigroup co-workers that Mr Murphy had allegedly told her that he loved her three (3) months earlier at the Walkers Dinner on May 282014 is pure fantasy insofar as inter alia

It never happened and moreover

If it had happened - which it did not - then why was Azeem pressing him on September 22014 in such close proximity to the cessation of their close friendship for a confession as to how he allegedly really felt

43

Clearly Azeem was lyinJ and moreover she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull As noted above at the Jimmys Drinks on or about September 5 2014 Azeem inter alia

Attempted without provocation on a myriad of occasions to induce and coerce Mr Murphy into revealing his true feelings for her which in actuality were feelings of extremely close friendship only In fact on a litany of prior occasions Azeem would try unsuccessfully to provoke confessions of romantic proclivities from Mr Murphy towards her These exhortations at the time appeared to be the innocuous acts of a selfshycentered insecure person yet after the events that have since transpired Azeem clearly had different intentions

Consumed without provocation an interminable amount of time discussing how attempts were made to recruit her as a swimsuit model and as a lip model respectively

Consumed without provocation an interminable amount of time discussing her efforts to get work as a fit model and the feedback that she had received regarding this ultimately failed effort

Boasted without provocation ad nauseum and gleefully about her breasts and how they were undoubtedly larger than Mr Murphy probably realized

Boasted without provocation that her breasts were so large that she did not require padding

Proclaimed without provocation that while her breasts were exceptional her butt was even better

Confided that she and her fiance were having sex every week a fact that she joyfully proclaimed and she also unprovoked shared her preferred lighting arrangements for the performance of said act

44

Thanked Mr Murphy for giving her the aforementioned Poetry Book As noted above Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it if it made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact as noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions shya practice to which Mr Murphy had invariably adhered following the Walkers Dinner - Azeem confirmed that

bull She was having no issues with their interactions and

bull She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential Imodeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc I

Put simply Azeems characterization of inter alia a) her interactions with Mr Murphy b) her attitude towards their relationship and c) her supposed discomfort with said relationship is wholly inconsistent and 100 incongruous with her behavior at the Jimmys Drinks Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that during her time studying medicine in Pakistan her driver would pass a particular spot each day and a policeman would be there leaning against his car looking at her in a wanton manner that she allegedly found offensive One day when the car was stuck in traffic she jumped out picked up a metal bar and proceeded to break the lights of the policemans car She said that he had a look ofgreat fear in his eyes which she found pleasing that intensified with each light that she subsequently broke Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion Mr Murphy does not know whether this strange tale is true or if Azeem simply made it up out ofwhole cloth which with

45

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

bull As noted above when Henriquez mentioned during the Interrogation that Azeem had allegedly been uncomfortable with a dinner many months prior - i e the Walkers Dinner - Mr Murphy conceded truthfully that whereas Azeem was extraordinarily content the evening thereof she had expressed regrets thereafter to which Mr Murphy apologized both verbally and later via a store-purchased card Azeem had revealed to Mr Murphy - but apparently not to Henriquez - that it was only after the dinner when she began allegedly feeling uncomfortable Incidentally again as noted above with respect to this Walkers Dinner whereas Mr Murphy had originally suggested lunch or dinner he did not follow-up on this suggestion and it was Azeem who reminded Mr Murphy of the invitation and pressed him for the engagement that led to the Walkers Dinner In any event perhaps having been in a relationship for roughly six (6) years that was becoming more serious and that later resulted in a marriage38

- Azeem had felt gUilty that she had spent the prior evening inter alia discussing her and another mans sexual histories Regardless of why she allegedly felt uncomfortable Mr Murphy was resolute to not making things uncomfortable for Azeem going forward and he immediately ceased contact with her However having discussed her alleged discomfort with Mr Murphy on or about June 2 2014 later that same week Azeem approached Mr Murphy in a flirtatious fashion and thereafter exchanged enthusiastic text messages with him thus resuscitating their platonic friendship Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about June 20 2014 following the recommendation by Azeem of a sexy racy video to Mr Murphy the two had dinner on the Upper West Side at Bocca di Bacco (hereinafter the Bocca di Bacco Dinner) In the aftermath thereof Mr Murphy and Azeem shared thoughts on inter alia a) a book that they were contemporaneously reading and b) a play that they had each seen separately Throughout the next few weeks Azeem seemed obsessed with ensuring that Mr Murphys platonic feelings towards her would not fade and the friendship between the two strengthened and intensified Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

38 Azeem was married subsequent to Mr Murphys Wrongful Termination

40

bull On or about June 27 2014 following some lighthearted conversation at a Starbucks39 in Tribeca Mr Murphy and Azeem went to Tre Sorelle on Reade Street in Tribeca At Starbucks Azeem had cancelled her dinner plans with a friend so that she could spend the evening with Mr Murphy Mr Murphy and Azeem then spent the next several hours at Tre SoreIle wherein Azeem became increasingly more and more inebriated (as noted above Mr Murphy did not at that time and does not at present drink alcohol) As Azeem became increasingly drunk she brushed her knees up against Mr Murphy (her self-proclaimed signature move) in a lascivious manner on several occasions during this evening (and on subsequent occasions at later dinnersoutings) exclaiming at a later outing that when she gets drunk she has a tendency to lean in In response Mr Murphy moved backwards and remarked that Azeem was becoming a bit unwieldy Upon the closing ofTre Sorelle Mr Murphy and Azeem went to another bar - Barrows Pub in the West Village - wherein they stayed for roughly one (1) hour En route to Barrows Pub Azeem exclaimed that she had big hands and suggested that Mr Murphy put the palm of his hand against hers (she made this suggestion a number of times subsequently as well) Upon leaving Barrows Pub Azeem remarked that it was unusual that Mr Murphy had never kissed her good-bye at the end of an evening whereupon they proceeded to innocently kiss one another on the cheek good-bye Clearly Azeem wiIIfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 2 2014 following a work event at Dylan Prime in Tribeca Mr Murphy and Azeem ended up staying for quite some time alone (although for a period oftime prior to being alone there were two 2 other Citigroup colleagues present who had occasion to observe Mr Murphys and Azeems extraordinarily amicable and genial interactions) Azeem - as she was wont to do - had a number of drinks and after becoming quite inebriated she not only confided to Mr Murphy that she liked him but she also doled out a number of flattering compliments to him Again as was the case on or about June 27 2014 at Tre SorelIe Azeem brushed her knees up against Mr Murphy in a libidinous manner and at Dylan Prime Azeem placed her two hands on Mr Murphys knees while talking to him Furthermore it was also at Dylan Prime wherein Azeem exclaimed that when she gets drunk she has a tendency to lean in She also confided to Mr Murphy that

39 On the comer of Reade Street and Broadway

41

She was oftentimes hung-over at work after evenings with friendscolleagues and

On one unfortunate occasion she had vomited at work after consuming too many drinks with a Citigroup client a happenstance that she had also shared with other Citigroup colleagues as well

At Dylan Prime Azeem drunkenly bragged to Mr Murphy that a number of men had allegedly professed their love for her in the past exclaiming that she even had two (2) men at that very time allegedly tell her that they loved her She also confided to Mr Murphy that a bevy of men would oftentimes ask her out to dinner not seeming to care that she had a significant other She even expressed trepidation that her looks would fade in time and if that were to hypothetically occur she bemoaned the fact that she would lose the ability to sway and manipulate men in the manner to which she had clearly grown adroitly

taccustomed After leaving Dylan Prime Azeem who appeared unsteady as a Iresult of overindulging in alcohol asked Mr Murphy if she could hold his arm He acquiesced but prudishly placed his hand in his pocket so as to avert any

I 1

accusations of impropriety (a gesture which seems ironic now) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 172014 at a work event at Citi Field in Queens Mr Murphy I and Azeem spent a considerable amount of time talking which engendered comments from a few of their colleagues Azeem was visibly annoyed as a result of these comments both with Mr Murphy and with herself Thereafter Mr Murphy while on vacation sent Azeem a number of text messages expressing his sadness concerning her alleged distress Following Mr Murphys return from vacation Azeem - who conveyed that she was having difficulties with her mother and was thus experiencing emotional turbulence and angst at home40

- suggested that she and Mr Murphy cease communications Mr Murphy of course dutifully and respectfully agreed yet again to cease communications To this end Mr Murphy as had been the case previously immediately ceased contact with Azeem however as was also the case previously it was Azeem who yet again reshyignited and resuscitated their friendship on her own volition On or about AU2ust 12014 Azeem on her own volition and without provocation

40 Azeem resided with her parents

42

Came to Mr Murphys office

Was all smiles

Chatted with Mr Murphy enthusiastically and

Then walked with Mr Murphy to the subway

On the ensuing walk Mr Murphy made it crystal clear that ifAzeem ever wanted to chat she could come to his office and that way she could regulate the time they spent together in the work environment to an amount which she deemed acceptable This was followed-up by a dinner at Les HaIles in the Financial District on or about August 112014 (hereinafter the Les HaIles Dinner) wherein Mr Murphy in light of Azeems alleged discomfort in the aftermath of the Walkers Dinner asked Azeem if she were comfortable with the Les HaIles Dinner conversation She responded emphatically that she was Clearly Azeem gave a patently false account of many of these events suggesting for example that it was Mr Murphy that had re-initiated their communications when in fact Azeem knew full well that she was always the one to re-institute communications And she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull On or about August 28 2014 Mr Murphy and Azeem had dinner at a tapas restaurant (again the Boqueria Dinner) thereafter several days later on or about September 2 2014 Mr Murphy and Azeem spent roughly four (4) hours together talking at the Path Station The conversation ranged from the mundane to Azeem boasting that when she had admirers in their twenties they eventually poured their hearts out to her and allegedly professed their love for her however she expressed incredulity that Mr Murphy had never done this She then went on to lament the fact that Mr Murphy had never expressed how he allegedly really felt towards her and during this four (4) hour conversation she was consistently cajoling and goading him into professing his supposed true feelings towards her Azeems statement to her Citigroup co-workers that Mr Murphy had allegedly told her that he loved her three (3) months earlier at the Walkers Dinner on May 282014 is pure fantasy insofar as inter alia

It never happened and moreover

If it had happened - which it did not - then why was Azeem pressing him on September 22014 in such close proximity to the cessation of their close friendship for a confession as to how he allegedly really felt

43

Clearly Azeem was lyinJ and moreover she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull As noted above at the Jimmys Drinks on or about September 5 2014 Azeem inter alia

Attempted without provocation on a myriad of occasions to induce and coerce Mr Murphy into revealing his true feelings for her which in actuality were feelings of extremely close friendship only In fact on a litany of prior occasions Azeem would try unsuccessfully to provoke confessions of romantic proclivities from Mr Murphy towards her These exhortations at the time appeared to be the innocuous acts of a selfshycentered insecure person yet after the events that have since transpired Azeem clearly had different intentions

Consumed without provocation an interminable amount of time discussing how attempts were made to recruit her as a swimsuit model and as a lip model respectively

Consumed without provocation an interminable amount of time discussing her efforts to get work as a fit model and the feedback that she had received regarding this ultimately failed effort

Boasted without provocation ad nauseum and gleefully about her breasts and how they were undoubtedly larger than Mr Murphy probably realized

Boasted without provocation that her breasts were so large that she did not require padding

Proclaimed without provocation that while her breasts were exceptional her butt was even better

Confided that she and her fiance were having sex every week a fact that she joyfully proclaimed and she also unprovoked shared her preferred lighting arrangements for the performance of said act

44

Thanked Mr Murphy for giving her the aforementioned Poetry Book As noted above Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it if it made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact as noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions shya practice to which Mr Murphy had invariably adhered following the Walkers Dinner - Azeem confirmed that

bull She was having no issues with their interactions and

bull She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential Imodeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc I

Put simply Azeems characterization of inter alia a) her interactions with Mr Murphy b) her attitude towards their relationship and c) her supposed discomfort with said relationship is wholly inconsistent and 100 incongruous with her behavior at the Jimmys Drinks Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that during her time studying medicine in Pakistan her driver would pass a particular spot each day and a policeman would be there leaning against his car looking at her in a wanton manner that she allegedly found offensive One day when the car was stuck in traffic she jumped out picked up a metal bar and proceeded to break the lights of the policemans car She said that he had a look ofgreat fear in his eyes which she found pleasing that intensified with each light that she subsequently broke Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion Mr Murphy does not know whether this strange tale is true or if Azeem simply made it up out ofwhole cloth which with

45

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

bull On or about June 27 2014 following some lighthearted conversation at a Starbucks39 in Tribeca Mr Murphy and Azeem went to Tre Sorelle on Reade Street in Tribeca At Starbucks Azeem had cancelled her dinner plans with a friend so that she could spend the evening with Mr Murphy Mr Murphy and Azeem then spent the next several hours at Tre SoreIle wherein Azeem became increasingly more and more inebriated (as noted above Mr Murphy did not at that time and does not at present drink alcohol) As Azeem became increasingly drunk she brushed her knees up against Mr Murphy (her self-proclaimed signature move) in a lascivious manner on several occasions during this evening (and on subsequent occasions at later dinnersoutings) exclaiming at a later outing that when she gets drunk she has a tendency to lean in In response Mr Murphy moved backwards and remarked that Azeem was becoming a bit unwieldy Upon the closing ofTre Sorelle Mr Murphy and Azeem went to another bar - Barrows Pub in the West Village - wherein they stayed for roughly one (1) hour En route to Barrows Pub Azeem exclaimed that she had big hands and suggested that Mr Murphy put the palm of his hand against hers (she made this suggestion a number of times subsequently as well) Upon leaving Barrows Pub Azeem remarked that it was unusual that Mr Murphy had never kissed her good-bye at the end of an evening whereupon they proceeded to innocently kiss one another on the cheek good-bye Clearly Azeem wiIIfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 2 2014 following a work event at Dylan Prime in Tribeca Mr Murphy and Azeem ended up staying for quite some time alone (although for a period oftime prior to being alone there were two 2 other Citigroup colleagues present who had occasion to observe Mr Murphys and Azeems extraordinarily amicable and genial interactions) Azeem - as she was wont to do - had a number of drinks and after becoming quite inebriated she not only confided to Mr Murphy that she liked him but she also doled out a number of flattering compliments to him Again as was the case on or about June 27 2014 at Tre SorelIe Azeem brushed her knees up against Mr Murphy in a libidinous manner and at Dylan Prime Azeem placed her two hands on Mr Murphys knees while talking to him Furthermore it was also at Dylan Prime wherein Azeem exclaimed that when she gets drunk she has a tendency to lean in She also confided to Mr Murphy that

39 On the comer of Reade Street and Broadway

41

She was oftentimes hung-over at work after evenings with friendscolleagues and

On one unfortunate occasion she had vomited at work after consuming too many drinks with a Citigroup client a happenstance that she had also shared with other Citigroup colleagues as well

At Dylan Prime Azeem drunkenly bragged to Mr Murphy that a number of men had allegedly professed their love for her in the past exclaiming that she even had two (2) men at that very time allegedly tell her that they loved her She also confided to Mr Murphy that a bevy of men would oftentimes ask her out to dinner not seeming to care that she had a significant other She even expressed trepidation that her looks would fade in time and if that were to hypothetically occur she bemoaned the fact that she would lose the ability to sway and manipulate men in the manner to which she had clearly grown adroitly

taccustomed After leaving Dylan Prime Azeem who appeared unsteady as a Iresult of overindulging in alcohol asked Mr Murphy if she could hold his arm He acquiesced but prudishly placed his hand in his pocket so as to avert any

I 1

accusations of impropriety (a gesture which seems ironic now) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 172014 at a work event at Citi Field in Queens Mr Murphy I and Azeem spent a considerable amount of time talking which engendered comments from a few of their colleagues Azeem was visibly annoyed as a result of these comments both with Mr Murphy and with herself Thereafter Mr Murphy while on vacation sent Azeem a number of text messages expressing his sadness concerning her alleged distress Following Mr Murphys return from vacation Azeem - who conveyed that she was having difficulties with her mother and was thus experiencing emotional turbulence and angst at home40

- suggested that she and Mr Murphy cease communications Mr Murphy of course dutifully and respectfully agreed yet again to cease communications To this end Mr Murphy as had been the case previously immediately ceased contact with Azeem however as was also the case previously it was Azeem who yet again reshyignited and resuscitated their friendship on her own volition On or about AU2ust 12014 Azeem on her own volition and without provocation

40 Azeem resided with her parents

42

Came to Mr Murphys office

Was all smiles

Chatted with Mr Murphy enthusiastically and

Then walked with Mr Murphy to the subway

On the ensuing walk Mr Murphy made it crystal clear that ifAzeem ever wanted to chat she could come to his office and that way she could regulate the time they spent together in the work environment to an amount which she deemed acceptable This was followed-up by a dinner at Les HaIles in the Financial District on or about August 112014 (hereinafter the Les HaIles Dinner) wherein Mr Murphy in light of Azeems alleged discomfort in the aftermath of the Walkers Dinner asked Azeem if she were comfortable with the Les HaIles Dinner conversation She responded emphatically that she was Clearly Azeem gave a patently false account of many of these events suggesting for example that it was Mr Murphy that had re-initiated their communications when in fact Azeem knew full well that she was always the one to re-institute communications And she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull On or about August 28 2014 Mr Murphy and Azeem had dinner at a tapas restaurant (again the Boqueria Dinner) thereafter several days later on or about September 2 2014 Mr Murphy and Azeem spent roughly four (4) hours together talking at the Path Station The conversation ranged from the mundane to Azeem boasting that when she had admirers in their twenties they eventually poured their hearts out to her and allegedly professed their love for her however she expressed incredulity that Mr Murphy had never done this She then went on to lament the fact that Mr Murphy had never expressed how he allegedly really felt towards her and during this four (4) hour conversation she was consistently cajoling and goading him into professing his supposed true feelings towards her Azeems statement to her Citigroup co-workers that Mr Murphy had allegedly told her that he loved her three (3) months earlier at the Walkers Dinner on May 282014 is pure fantasy insofar as inter alia

It never happened and moreover

If it had happened - which it did not - then why was Azeem pressing him on September 22014 in such close proximity to the cessation of their close friendship for a confession as to how he allegedly really felt

43

Clearly Azeem was lyinJ and moreover she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull As noted above at the Jimmys Drinks on or about September 5 2014 Azeem inter alia

Attempted without provocation on a myriad of occasions to induce and coerce Mr Murphy into revealing his true feelings for her which in actuality were feelings of extremely close friendship only In fact on a litany of prior occasions Azeem would try unsuccessfully to provoke confessions of romantic proclivities from Mr Murphy towards her These exhortations at the time appeared to be the innocuous acts of a selfshycentered insecure person yet after the events that have since transpired Azeem clearly had different intentions

Consumed without provocation an interminable amount of time discussing how attempts were made to recruit her as a swimsuit model and as a lip model respectively

Consumed without provocation an interminable amount of time discussing her efforts to get work as a fit model and the feedback that she had received regarding this ultimately failed effort

Boasted without provocation ad nauseum and gleefully about her breasts and how they were undoubtedly larger than Mr Murphy probably realized

Boasted without provocation that her breasts were so large that she did not require padding

Proclaimed without provocation that while her breasts were exceptional her butt was even better

Confided that she and her fiance were having sex every week a fact that she joyfully proclaimed and she also unprovoked shared her preferred lighting arrangements for the performance of said act

44

Thanked Mr Murphy for giving her the aforementioned Poetry Book As noted above Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it if it made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact as noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions shya practice to which Mr Murphy had invariably adhered following the Walkers Dinner - Azeem confirmed that

bull She was having no issues with their interactions and

bull She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential Imodeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc I

Put simply Azeems characterization of inter alia a) her interactions with Mr Murphy b) her attitude towards their relationship and c) her supposed discomfort with said relationship is wholly inconsistent and 100 incongruous with her behavior at the Jimmys Drinks Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that during her time studying medicine in Pakistan her driver would pass a particular spot each day and a policeman would be there leaning against his car looking at her in a wanton manner that she allegedly found offensive One day when the car was stuck in traffic she jumped out picked up a metal bar and proceeded to break the lights of the policemans car She said that he had a look ofgreat fear in his eyes which she found pleasing that intensified with each light that she subsequently broke Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion Mr Murphy does not know whether this strange tale is true or if Azeem simply made it up out ofwhole cloth which with

45

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

She was oftentimes hung-over at work after evenings with friendscolleagues and

On one unfortunate occasion she had vomited at work after consuming too many drinks with a Citigroup client a happenstance that she had also shared with other Citigroup colleagues as well

At Dylan Prime Azeem drunkenly bragged to Mr Murphy that a number of men had allegedly professed their love for her in the past exclaiming that she even had two (2) men at that very time allegedly tell her that they loved her She also confided to Mr Murphy that a bevy of men would oftentimes ask her out to dinner not seeming to care that she had a significant other She even expressed trepidation that her looks would fade in time and if that were to hypothetically occur she bemoaned the fact that she would lose the ability to sway and manipulate men in the manner to which she had clearly grown adroitly

taccustomed After leaving Dylan Prime Azeem who appeared unsteady as a Iresult of overindulging in alcohol asked Mr Murphy if she could hold his arm He acquiesced but prudishly placed his hand in his pocket so as to avert any

I 1

accusations of impropriety (a gesture which seems ironic now) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull On or about July 172014 at a work event at Citi Field in Queens Mr Murphy I and Azeem spent a considerable amount of time talking which engendered comments from a few of their colleagues Azeem was visibly annoyed as a result of these comments both with Mr Murphy and with herself Thereafter Mr Murphy while on vacation sent Azeem a number of text messages expressing his sadness concerning her alleged distress Following Mr Murphys return from vacation Azeem - who conveyed that she was having difficulties with her mother and was thus experiencing emotional turbulence and angst at home40

- suggested that she and Mr Murphy cease communications Mr Murphy of course dutifully and respectfully agreed yet again to cease communications To this end Mr Murphy as had been the case previously immediately ceased contact with Azeem however as was also the case previously it was Azeem who yet again reshyignited and resuscitated their friendship on her own volition On or about AU2ust 12014 Azeem on her own volition and without provocation

40 Azeem resided with her parents

42

Came to Mr Murphys office

Was all smiles

Chatted with Mr Murphy enthusiastically and

Then walked with Mr Murphy to the subway

On the ensuing walk Mr Murphy made it crystal clear that ifAzeem ever wanted to chat she could come to his office and that way she could regulate the time they spent together in the work environment to an amount which she deemed acceptable This was followed-up by a dinner at Les HaIles in the Financial District on or about August 112014 (hereinafter the Les HaIles Dinner) wherein Mr Murphy in light of Azeems alleged discomfort in the aftermath of the Walkers Dinner asked Azeem if she were comfortable with the Les HaIles Dinner conversation She responded emphatically that she was Clearly Azeem gave a patently false account of many of these events suggesting for example that it was Mr Murphy that had re-initiated their communications when in fact Azeem knew full well that she was always the one to re-institute communications And she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull On or about August 28 2014 Mr Murphy and Azeem had dinner at a tapas restaurant (again the Boqueria Dinner) thereafter several days later on or about September 2 2014 Mr Murphy and Azeem spent roughly four (4) hours together talking at the Path Station The conversation ranged from the mundane to Azeem boasting that when she had admirers in their twenties they eventually poured their hearts out to her and allegedly professed their love for her however she expressed incredulity that Mr Murphy had never done this She then went on to lament the fact that Mr Murphy had never expressed how he allegedly really felt towards her and during this four (4) hour conversation she was consistently cajoling and goading him into professing his supposed true feelings towards her Azeems statement to her Citigroup co-workers that Mr Murphy had allegedly told her that he loved her three (3) months earlier at the Walkers Dinner on May 282014 is pure fantasy insofar as inter alia

It never happened and moreover

If it had happened - which it did not - then why was Azeem pressing him on September 22014 in such close proximity to the cessation of their close friendship for a confession as to how he allegedly really felt

43

Clearly Azeem was lyinJ and moreover she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull As noted above at the Jimmys Drinks on or about September 5 2014 Azeem inter alia

Attempted without provocation on a myriad of occasions to induce and coerce Mr Murphy into revealing his true feelings for her which in actuality were feelings of extremely close friendship only In fact on a litany of prior occasions Azeem would try unsuccessfully to provoke confessions of romantic proclivities from Mr Murphy towards her These exhortations at the time appeared to be the innocuous acts of a selfshycentered insecure person yet after the events that have since transpired Azeem clearly had different intentions

Consumed without provocation an interminable amount of time discussing how attempts were made to recruit her as a swimsuit model and as a lip model respectively

Consumed without provocation an interminable amount of time discussing her efforts to get work as a fit model and the feedback that she had received regarding this ultimately failed effort

Boasted without provocation ad nauseum and gleefully about her breasts and how they were undoubtedly larger than Mr Murphy probably realized

Boasted without provocation that her breasts were so large that she did not require padding

Proclaimed without provocation that while her breasts were exceptional her butt was even better

Confided that she and her fiance were having sex every week a fact that she joyfully proclaimed and she also unprovoked shared her preferred lighting arrangements for the performance of said act

44

Thanked Mr Murphy for giving her the aforementioned Poetry Book As noted above Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it if it made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact as noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions shya practice to which Mr Murphy had invariably adhered following the Walkers Dinner - Azeem confirmed that

bull She was having no issues with their interactions and

bull She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential Imodeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc I

Put simply Azeems characterization of inter alia a) her interactions with Mr Murphy b) her attitude towards their relationship and c) her supposed discomfort with said relationship is wholly inconsistent and 100 incongruous with her behavior at the Jimmys Drinks Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that during her time studying medicine in Pakistan her driver would pass a particular spot each day and a policeman would be there leaning against his car looking at her in a wanton manner that she allegedly found offensive One day when the car was stuck in traffic she jumped out picked up a metal bar and proceeded to break the lights of the policemans car She said that he had a look ofgreat fear in his eyes which she found pleasing that intensified with each light that she subsequently broke Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion Mr Murphy does not know whether this strange tale is true or if Azeem simply made it up out ofwhole cloth which with

45

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

Came to Mr Murphys office

Was all smiles

Chatted with Mr Murphy enthusiastically and

Then walked with Mr Murphy to the subway

On the ensuing walk Mr Murphy made it crystal clear that ifAzeem ever wanted to chat she could come to his office and that way she could regulate the time they spent together in the work environment to an amount which she deemed acceptable This was followed-up by a dinner at Les HaIles in the Financial District on or about August 112014 (hereinafter the Les HaIles Dinner) wherein Mr Murphy in light of Azeems alleged discomfort in the aftermath of the Walkers Dinner asked Azeem if she were comfortable with the Les HaIles Dinner conversation She responded emphatically that she was Clearly Azeem gave a patently false account of many of these events suggesting for example that it was Mr Murphy that had re-initiated their communications when in fact Azeem knew full well that she was always the one to re-institute communications And she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull On or about August 28 2014 Mr Murphy and Azeem had dinner at a tapas restaurant (again the Boqueria Dinner) thereafter several days later on or about September 2 2014 Mr Murphy and Azeem spent roughly four (4) hours together talking at the Path Station The conversation ranged from the mundane to Azeem boasting that when she had admirers in their twenties they eventually poured their hearts out to her and allegedly professed their love for her however she expressed incredulity that Mr Murphy had never done this She then went on to lament the fact that Mr Murphy had never expressed how he allegedly really felt towards her and during this four (4) hour conversation she was consistently cajoling and goading him into professing his supposed true feelings towards her Azeems statement to her Citigroup co-workers that Mr Murphy had allegedly told her that he loved her three (3) months earlier at the Walkers Dinner on May 282014 is pure fantasy insofar as inter alia

It never happened and moreover

If it had happened - which it did not - then why was Azeem pressing him on September 22014 in such close proximity to the cessation of their close friendship for a confession as to how he allegedly really felt

43

Clearly Azeem was lyinJ and moreover she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull As noted above at the Jimmys Drinks on or about September 5 2014 Azeem inter alia

Attempted without provocation on a myriad of occasions to induce and coerce Mr Murphy into revealing his true feelings for her which in actuality were feelings of extremely close friendship only In fact on a litany of prior occasions Azeem would try unsuccessfully to provoke confessions of romantic proclivities from Mr Murphy towards her These exhortations at the time appeared to be the innocuous acts of a selfshycentered insecure person yet after the events that have since transpired Azeem clearly had different intentions

Consumed without provocation an interminable amount of time discussing how attempts were made to recruit her as a swimsuit model and as a lip model respectively

Consumed without provocation an interminable amount of time discussing her efforts to get work as a fit model and the feedback that she had received regarding this ultimately failed effort

Boasted without provocation ad nauseum and gleefully about her breasts and how they were undoubtedly larger than Mr Murphy probably realized

Boasted without provocation that her breasts were so large that she did not require padding

Proclaimed without provocation that while her breasts were exceptional her butt was even better

Confided that she and her fiance were having sex every week a fact that she joyfully proclaimed and she also unprovoked shared her preferred lighting arrangements for the performance of said act

44

Thanked Mr Murphy for giving her the aforementioned Poetry Book As noted above Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it if it made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact as noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions shya practice to which Mr Murphy had invariably adhered following the Walkers Dinner - Azeem confirmed that

bull She was having no issues with their interactions and

bull She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential Imodeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc I

Put simply Azeems characterization of inter alia a) her interactions with Mr Murphy b) her attitude towards their relationship and c) her supposed discomfort with said relationship is wholly inconsistent and 100 incongruous with her behavior at the Jimmys Drinks Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that during her time studying medicine in Pakistan her driver would pass a particular spot each day and a policeman would be there leaning against his car looking at her in a wanton manner that she allegedly found offensive One day when the car was stuck in traffic she jumped out picked up a metal bar and proceeded to break the lights of the policemans car She said that he had a look ofgreat fear in his eyes which she found pleasing that intensified with each light that she subsequently broke Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion Mr Murphy does not know whether this strange tale is true or if Azeem simply made it up out ofwhole cloth which with

45

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

Clearly Azeem was lyinJ and moreover she willfully omitted disclosing any and all of the above facts to Henriquez or in the event that she by happenstance did disclose the above facts to Henriquez she did so in a distorted selective fashion

bull As noted above at the Jimmys Drinks on or about September 5 2014 Azeem inter alia

Attempted without provocation on a myriad of occasions to induce and coerce Mr Murphy into revealing his true feelings for her which in actuality were feelings of extremely close friendship only In fact on a litany of prior occasions Azeem would try unsuccessfully to provoke confessions of romantic proclivities from Mr Murphy towards her These exhortations at the time appeared to be the innocuous acts of a selfshycentered insecure person yet after the events that have since transpired Azeem clearly had different intentions

Consumed without provocation an interminable amount of time discussing how attempts were made to recruit her as a swimsuit model and as a lip model respectively

Consumed without provocation an interminable amount of time discussing her efforts to get work as a fit model and the feedback that she had received regarding this ultimately failed effort

Boasted without provocation ad nauseum and gleefully about her breasts and how they were undoubtedly larger than Mr Murphy probably realized

Boasted without provocation that her breasts were so large that she did not require padding

Proclaimed without provocation that while her breasts were exceptional her butt was even better

Confided that she and her fiance were having sex every week a fact that she joyfully proclaimed and she also unprovoked shared her preferred lighting arrangements for the performance of said act

44

Thanked Mr Murphy for giving her the aforementioned Poetry Book As noted above Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it if it made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact as noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions shya practice to which Mr Murphy had invariably adhered following the Walkers Dinner - Azeem confirmed that

bull She was having no issues with their interactions and

bull She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential Imodeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc I

Put simply Azeems characterization of inter alia a) her interactions with Mr Murphy b) her attitude towards their relationship and c) her supposed discomfort with said relationship is wholly inconsistent and 100 incongruous with her behavior at the Jimmys Drinks Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that during her time studying medicine in Pakistan her driver would pass a particular spot each day and a policeman would be there leaning against his car looking at her in a wanton manner that she allegedly found offensive One day when the car was stuck in traffic she jumped out picked up a metal bar and proceeded to break the lights of the policemans car She said that he had a look ofgreat fear in his eyes which she found pleasing that intensified with each light that she subsequently broke Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion Mr Murphy does not know whether this strange tale is true or if Azeem simply made it up out ofwhole cloth which with

45

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

Thanked Mr Murphy for giving her the aforementioned Poetry Book As noted above Mr Murphy - prior to giving Azeem the Poetry Book at the Jimmys Drinks - indicated to Azeem that not only should she refuse it if it made her at all uncomfortable but that he was only giving it to her because he viewed it as a pretty book with nice drawings by Picasso in it In fact as noted above a great many discussions that Mr Murphy had had with Azeem centered around books and writing (including poetry) and their mutual love and interest thereof Azeem not only readily accepted the gift and conveyed emphatically that she had no objection whatsoever to accepting it but moreover later in the evening reiterated her willing acceptance of it and

In response to Mr Murphy querying as to whether a) she was having a nice evening andor b) she was having any issues with their interactions shya practice to which Mr Murphy had invariably adhered following the Walkers Dinner - Azeem confirmed that

bull She was having no issues with their interactions and

bull She was having a nice evening albeit one in which she boasted incessantly of as noted above her body parts her potential Imodeling career the frequency of intercourse with her fiance her preferred lighting arrangements during intercourse etc I

Put simply Azeems characterization of inter alia a) her interactions with Mr Murphy b) her attitude towards their relationship and c) her supposed discomfort with said relationship is wholly inconsistent and 100 incongruous with her behavior at the Jimmys Drinks Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that during her time studying medicine in Pakistan her driver would pass a particular spot each day and a policeman would be there leaning against his car looking at her in a wanton manner that she allegedly found offensive One day when the car was stuck in traffic she jumped out picked up a metal bar and proceeded to break the lights of the policemans car She said that he had a look ofgreat fear in his eyes which she found pleasing that intensified with each light that she subsequently broke Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion Mr Murphy does not know whether this strange tale is true or if Azeem simply made it up out ofwhole cloth which with

45

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

the benefit of hindsight it is clear that she was wont to do Either way this is the story that she told him

bull Azeem confided to Mr Murphy that during a summer internship at Credit Suisse she had received very negative feedback from the other women at the company She implied that the other women at the company found her to be too forward and flirtatious with her male colleagues in the office Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem confided to Mr Murphy that when Wiffen her direct linear Supervisor hosted a barbeque for Azeem and her fiance to celebrate their engagement Wiffen had sung a song for her and had told her fiance that he was extraordinarily lucky to be marrying her - both of which had allegedly made her uncomfortable Azeem implied that Wiffen was signaling some sort of alleged attraction towards her a feeling that she seemed to attribute and ascribe to a great many of her coshyworkerssuperiors at the Company both male and female In fact Azeem remarked that a number of her co-workerssuperiors at the Company allegedly desired her and looked lecherously at her (testimony concerning the same shall be adduced at the evidentiary hearings in this matter) Moreover Azeem while perfectly sober inter alia

Described herself as a skinny girl with a bubble-butt

On one occasion cupped her hands over her breasts and indicated to Mr Murphy that these babies will not be getting any bigger and

Consistently spoke of her supposed chicken legs all the while running her hands up and down her legs while alone with Mr Murphy

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

bull Azeem on more than one occasion told Mr Murphy that in lieu of the extraordinarily insignificant gifts that he had purchased for her she should have asked for diamonds or money On one occasion Azeem indicated that she knew that Mr Murphy had romantic feelings for her by the way that he looked at her (in fact he had no such feelings) and she went so far as to ask him if he would leave his family for her (he had no intention of doing so nor any desire to do so) Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

46

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

bull On one occasion Azeem spoke about a College Educator to whom she had grown very close who was fearful that his relationship with her could potentially jeopardize his employment Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion and

bull Azeem also oftentimes spoken about

The growing divergence between her views and those of her fiance on topics ranging from religion to sex

Her conflicting feelings and trepidation about her then-impending marriage and

Breast implants

Clearly Azeem willfully omitted disclosing any and all of the above to Henriquez or in the event that she by happenstance did disclose the above to Henriquez she did so in a distorted selective fashion

E SEPTEMBER 252014 - THE CLAIMANTS WRONGFUL TERMINATION

25 In light of the compelling performance (and other) factors delineated above Mr Murphy

anticipated receiving approximately $260000000 in Incentive Compensation for Calendar Year

2014 for the stellar work that he performed on behalf of the Company However instead of

receiving the $260000000 in Incentive Compensation to which he was (and is) entitled on

September 252014 Mr Murphy was Terminated and not provided with any Incentive

Compensation at all To add insult to injury and to further exacerbate his plight respectively

Citigroup also in connection with this Wrongful Termination cancelled confiscated and

converted $40000000 ofdeferred cash awards As noted above as a result of the

aforementioned on or about December 182014 Mr Murphy commenced a FINRA Arbitration

against Citigroup In conformance with Citigroups internal Policies and Procedures Mr

47

Murphy did so by serving his Statement of Claim on Citigroup and in tum Citigroup thereafter

filed the Statement of Claim with FINRA Said case is styled as David James Murphy vs

Citigroup Global Markets Inc and Citicorp Securities Services Inc FINRA Dispute Resolution

Arbitration Number 15-00321 (again the MurphyCitigroup Action) The MurphyCitigroup

Action is scheduled to proceed to evidentiary hearings at FINRA on April 12 2016 April 13

2016 April 18 2016 April 19 2016 and April 20 2016 respectively

26 As further noted above in the MurphyCitigroup Action Mr Murphy is seeking as

follows against Citiamproup

A Quantum MeruitUnjust Enrichment damages of $260000000 representing i) the amount by which Citigroup was enriched unjustly in Calendar Year 2014 by Mr Murphys efforts and ii) the amount ofIncentive Compensation to which Mr Murphy was ( and is) entitled for Calendar Year 2014 - the exact amount to be proven at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon

B Damages of $40000000 emanating from Citigroups improper and illegal Cancellation Confiscation and Conversion of deferred cash awards provided to Mr Murphy as part of his Incentive Compensation for Calendar Year 2013 with Statutory Interest thereon

C Libel Per Se damages in an amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon

D Tortious Interference with Prospective Business Relations damages in an amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon

E An Expunampement of the false defamatory language contained on Mr Murphys U-5

F Unspecified damages emanating from Citigroups myriad oflabor law violations - the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon

48

l G Severance in connection with Mr Murphys Wrongful Termination - the exact

amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon

H Punitiverrreble damages of at a minimum $900000000 resulting from Citigroups deplorable misconduct - the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action and

1 The reimbursement of all FINRA fees that the Claimant shall incur in connection with the prosecution of the MurphyCitigroup Action

V SLANDER PER SE

27 Under well-established New York precedent the elements of a cause of action for slander

are

A A defamatory statement of fact (oral) concerning the Plaintiff

B Falsity

C Publication

D Fault and

E Special Damages unless Slander Per Se wherein damages are presumed See Restatement (Second) ofTorts Section 558

See also Albert v Loksen 239 F3d 256 265-66 (2d Cir 2001) (The elements of a cause of

action for slander under New York law are (i) a defamatory statement of fact (ii) that is false

(iii) published to a third party (iv) of and concerning the plaintiff (v) made with the applicable

level of fault on the part of the speaker (vi) either causing special harm or constituting slander

per se and (vii) not protected by privilege) ODiah v Yoga Oasis 954 F Supp2d 261

(SDNY 2013) DLima v Cuba Memorial Hasp Inc 833 F Supp2d 383 390 (WDNY

49

2011) (To state a claim for defamation under New York law a plaintiffnlust show (1) that

defendants made a false defamatory statement of fact (2) that the statement was published to a

third party (3) that the statements concerned the plaintiff (4) that the defendant was responsible

for making the statement and (5) that the statement was slander per se or caused special

damages)

28 An oral defamatory statement that tends to injure a person in his or her trade business

or profession constitutes Slander Per Se See Restatement (Second) oTorts Sections 570-73

See also Mosdos Chofttz Chaim Inc v RES Citizens NA 14 F Supp3d 191214 (SDNY

2014) The following is a closer and more granular analysis of a) each of the aforementioned

elements that comprise a Slander Per Se claim and b) how each such element applies to the

particular facts at issue herein

50

A DEFAMATORY STATEMENT OF FACT CONCERNING THE CLAIMANT

29 In Albert 239 F3d at 260-61 263 Plaintiff-Appellant Samuel Albert a Physicist

fonnerly employed by Brooklyn Hospital commenced an action in the United States District

Court for the Eastern District of New York alleging inter alia that a) Salmen Loksen his fonner

Co-Worker and Supervisor respectively and b) Karen Buono his fonner Co-Worker and the

Chief Administrator of the Hospitals Radiology Department respectively defamed him in the

course ofhis discharge Albert asserted that Buono told him that the basis for his discharge was

a statement by Loksen that Albert had deliberately attempted to harm a patient Albert also

claimed that the Hospitals Director of Labor Relations told him that Loksen had accused him of

deliberately endangering a patient Albert alleged that Loksens slanderous utterances destroyed

his professional reputation In Albert 239 F3d at 268 the Second Circuit in applying New

York law held that

No workplace we think can operate effectively unless the employers and employees who work there have the ability to speak freely in evaluating the actions of their employees and co-employees Freedom from fear of litigation is of particular importance when as in the case before us personal safety is at stake It would be tragic if silence induced by the inhibiting effect of defamation lawsuits resulted in the loss of life limb or the good health of doctors medical staff or their patients Statements very much like those Loksen is alleged to have made that a co-employees work is dangerous and his employment should therefore be terminated if articulated as an evaluation of his performance would likely be protected as a statement of opinion But Loksen did more IfAlberts assertions are true Loksen in effect accused Albert of failing to inform Dr Dlugy of the change in strength of the radioactive sources she was administering to a patient Loksen in effect accused Albert of leaving misplaced sources in a way that endangered co-workers Loksen in effect accused Albert of then lying about what he did in an attempt to cover it up Those accusations are more than statements of opinion about Alberts work performance they are specific statements of fact-statements capable ofobective proof-about what Albert did and did not do And the statements were all made in the context of Loksens seeking the

51

summary termination of Albert which virtually eliminates the possibility that they were meant as rhetorical hyperbole The statements thus heavily laden with assertions offact were capable oa defamatory meaning sumcient to sustain a defamation recovery41 (emphasis added)

30 In DLima 833 F Supp2d at 387 the Plaintiff a Dentist alleged inter alia that his

former Co-Worker told patientsthe community-at-large that he had regularly used illegal drugs

on weekends and was impaired by these drugs while on duty thus causing a detrimental impact

on patient care Thus the Plaintiff commenced an action in Federal Court for inter alia

41 See LaBozzo v Brooks Bros Inc 2002 WL 1275155 6 (NY Sup April 25 2002) (Contrary to defendants assertions Burdines diatribe on June 15 2001 was not a non-actionable expression of opinion nor was it harmless because Burdine recited only conclusions based on facts whose truth or falsity was well-known to all of the other people presentIn assessing a statements defamatory impact the court will not pick out and isolate particular phrases but will consider the publication as a whole Here Burdines statements to the effect that the plaintiff was incompetent and unprofessional might if taken alone be protected as pure opinion However in the context ofhis charges that plaintiffhad been billinll Brooks tor hours during which she was either not workinll at all or was working tor other clients they are tantamount to an accusation that plaintiUwas stealinr from her employer We also have no idea how familiar Burdines auditors were with plaintiffs work habits Those who did not work closely with her could reasonably have tormed a very ill opinion ofher professional integrity from Burdines diatribe Indeed in a case such as this it is 101lical to consider as well the manner in which the alleeed slander is published Here a rational onlooker could have been moved by the very vehemence ofBurdines delivery into believing that his charges must be true or he could not have uttered them with such self-righteous energy) (internal citations omitted) (emphasis added) See also Joyce v Thompson Wigdor amp Gilly LLP 2008 WL 2329227 6 (SDNY June 3 2008) (The essential task in determining whether a statement expresses fact or opinion is to decide whether the words complained of considered in the context of the entire communication and of the circumstances in which they were spoken or written may be reasonably understood as implying the assertion of undisclosed facts justifying the opinion Such statements are actionable not because they convey false opinions but rather because a reasonable listener or reader would infer that the speaker or writer knows certain facts unknown to the audience which support the opinion and are detrimental to the person toward whom the communication is directed) (internal citations omitted) (emphasis added)

52

Slander Per Se In Dlima 833 F Supp2d at 391 the Western District in applying New York

law held that

Next Defendants argue they cannot be held liable for alleged statements of Plaintiffs co-worker Glover (Defs Memo p 8) Defendants contend that nothing in the Amended Complaint indicates that Glover was acting in the course of performance of her duties as a dental hygienist when she allegedly told others Plaintiff used illegal drugs and committed malpractice (Id) Plaintiff does not respond to this argument The statements Glover made are false defamatory statements of fact about Plaintiff published to a third party that tend to injure PlaintiWs trade or profession

gtIlt gtIlt gtIlt

31 In Weldy v Piedmont Airlines Inc 985 F2d 57 61 (2d Cir 1993) the Plaintiff alleged

inter alia that his former Co-Worker had disclosed to another Co-Worker that he was being fired

for aggravated assault The gravamen of the Plaintiffs Slander claim was that his former Coshy

Workers statement that the Plaintiff had committed an aggravated assault constituted Slander

Per Se because it falsely imputed an indictable offense to him In Weldy 985 F2d at 62 the

Second Circuit in applying New York law held that

Assault is a crime under both state and federal law Under New York law most assaults are felonies In New York however both felonies and misdemeanors are indictable offenses which New Yorks Appellate Division tells us may form the basis for slander per se Under federal law there are at least three statutes under which assault can be a felony and therefore an indictable offense In short since assault is a serious indictable crime under both state and federal law Hathaways charge of aggravated assault provided a sufficient basis for holding Piedmont liable under a slander per se cause of action

gtIlt gtIlt gtIlt

53

32 Here in light of all of the above it can be stated indubitably that Azeems intentionally

false recitation of events to amongst others Human Resources vis-a-vis her relationship with

Mr Murphy was replete with outright lies half-truths distortions and omissions Put simply

Azeem blatantly and maliciously lied to her co-workers about her interactions with Mr

Murphy and in doing so she defamed Mr Murphy Azeem was not merely expressing her

opinions to her co-workers at Citigroup about Mr Murphy rather she presented alleged

facts to her co-workers - albeit patently erroneous ones - concerning her interactions with

Mr Murphy The false accusations that Azeem made to her co-workers vis-a-vis Mr Murphy

which ran the gamut from inter alia

bull False accusations that her desire to terminate her friendship with Mr Murphy was not respected to

bull False accusations that she was unwillingly subjected to descriptions by Mr Murphy ofhis sex life to

bull False accusations concerning the circumstances underlying the re-initiation of contact between the two to

bull False accusations concerning romantic advancements to

bull False accusations concerning the pursuit of a romantic relationship to

bull False accusations concerning proclamations of love to

bull False accusations concerning stalking to

bull False accusations concerning drug instigation to

bull False accusations concerning harassment to

bull False accusations concerning comments that were supposedly made to her to

bull False accusations concerning a multitude of other topics

54

were far more than statements of opinion about Mr Murphy as a person and as a co-worker

respectively Rather they were specific statements of fact - albeit patently erroneous ones-

meaning statements capable of objective proof about what Mr Murphy did and did not do Put

succinctly Azeem did not merely state her opinion about Mr Murphy instead she presented

facts which as it turns out were incontrovertibly false and which constituted nothing more than

a coterie of outright lies In short the statements that Azeem made to her co-workers at

Citigroup about Mr Murphy were heavily laden with assertions of fact that were capable of a

defamatory meaning sufficient to sustain a defamation recovery

B FALSITY

33 In Albert 239 F3d at 268-69 the Second Circuit in applying New York law held that

A rational juror could conclude that the statements Albert complains of were untrue Albert Dlugy and a radiation oncologist who gave deposition testimony as an expert witness all said that Albert had not endangered the patient or his co-workers If a jury believes Alberts account of events it thus could conclude that the statements by Loksen about the January 30 incident to Buono and others were also false

55

34 Here as established in great detail above Azeems intentionally false recitation of events

to amongst others Human Resources vis-a-vis her relationship with Mr Murphy was replete

with outright lies half-truths distortions and omissions As shall be established at the

evidentiary hearings in this matter each and every a) false utterance and b) false statement of

supposed fact made by Azeem to her co-workers about Mr Murphy shall be fully and

irrevocably debunked Put differently the trier of fact herein specifically the prospective

FINRA arbitration panel that shall preside over this matter shall be left with only one reasonable

conclusion to draw i e Azeem intentionally and maliciously lied to her co-workers about

her interactions with Mr Murphy

56

C PUBLICATION

35 In Albert 239 F3d at 269 the Second Circuit in applying New York law held that

Under New York defamation law publication is a term of art A defamatory writing is not published if it is read by no one but the one defamed Published it is however as soon as read bv anyone else In New York this rule applies even to statements made by one employee to another Other jurisdictions have held that communications made by one employee of a corporation to another have not been published within the law of defamations meaning ofthe term New York however does not adhere to that view42 (internal citations omitted) (emphasis added)

36 Here Azeems defamatory utterances about Mr Murphy were made to other Citigroup

co-workers Hence under well-established New York precedent they were unquestionably

published insofar as they were made by one employee to another

42 See Pirre v Printing Developments Inc 468 F Supp 1028 1041-42 (SDNY 1979) (Publication is a simple concept A defamatory writing is not published if it is read by no one but the defamed (person) Published it is however as soon as read by anyone else PDI concedes that the libels here were indeed read by persons other than John Pirre It contends however that because those persons were PDI officers and employees no publication occurred We disagree Defendant contends that diUerent considerations should apply when the individuals involved in the communication are oficers ofthe defendant corporation We see no basis (or this distinction While corporate oficers may be as defendant contends the embodiment ofthe corporation they remain individuals with distinct personalities and opinions which opinions may be affected just as surely as those ofother employees bv the spread ofinjurious falsehoods It is this evil that the law ofdefamation is desirned to remedy ro find no inter-personal communication when a corporate employee speaks to a corporate oficer would be to ignore the distinct personalities oUhe human beings involved We do not believe that the courts ofNew York or Connecticut would ignore this reality in defining the law oUhose states) (internal citations omitted) (emphasis added) See also Loughry v Lincoln First Bank NA 67 NY2d 369377494 NE2d 70 74 502 NYS2d 965969 (1986) (Finally Lincoln asserts that as a matter oflaw no publication was madeFor purposes ofa slander claim however it is clear that a false and malicious utterance by one employee to another can be actionable) (emphasis added)

57

A DEFAMATORY STATEMENT OF FACT CONCERNING THE CLAIMANT

29 In Albert 239 F3d at 260-61 263 Plaintiff-Appellant Samuel Albert a Physicist

fonnerly employed by Brooklyn Hospital commenced an action in the United States District

Court for the Eastern District of New York alleging inter alia that a) Salmen Loksen his fonner

Co-Worker and Supervisor respectively and b) Karen Buono his fonner Co-Worker and the

Chief Administrator of the Hospitals Radiology Department respectively defamed him in the

course ofhis discharge Albert asserted that Buono told him that the basis for his discharge was

a statement by Loksen that Albert had deliberately attempted to harm a patient Albert also

claimed that the Hospitals Director of Labor Relations told him that Loksen had accused him of

deliberately endangering a patient Albert alleged that Loksens slanderous utterances destroyed

his professional reputation In Albert 239 F3d at 268 the Second Circuit in applying New

York law held that

No workplace we think can operate effectively unless the employers and employees who work there have the ability to speak freely in evaluating the actions of their employees and co-employees Freedom from fear of litigation is of particular importance when as in the case before us personal safety is at stake It would be tragic if silence induced by the inhibiting effect of defamation lawsuits resulted in the loss of life limb or the good health of doctors medical staff or their patients Statements very much like those Loksen is alleged to have made that a co-employees work is dangerous and his employment should therefore be terminated if articulated as an evaluation of his performance would likely be protected as a statement of opinion But Loksen did more IfAlberts assertions are true Loksen in effect accused Albert of failing to inform Dr Dlugy of the change in strength of the radioactive sources she was administering to a patient Loksen in effect accused Albert of leaving misplaced sources in a way that endangered co-workers Loksen in effect accused Albert of then lying about what he did in an attempt to cover it up Those accusations are more than statements of opinion about Alberts work performance they are specific statements of fact-statements capable ofobective proof-about what Albert did and did not do And the statements were all made in the context of Loksens seeking the

51

summary termination of Albert which virtually eliminates the possibility that they were meant as rhetorical hyperbole The statements thus heavily laden with assertions offact were capable oa defamatory meaning sumcient to sustain a defamation recovery41 (emphasis added)

30 In DLima 833 F Supp2d at 387 the Plaintiff a Dentist alleged inter alia that his

former Co-Worker told patientsthe community-at-large that he had regularly used illegal drugs

on weekends and was impaired by these drugs while on duty thus causing a detrimental impact

on patient care Thus the Plaintiff commenced an action in Federal Court for inter alia

41 See LaBozzo v Brooks Bros Inc 2002 WL 1275155 6 (NY Sup April 25 2002) (Contrary to defendants assertions Burdines diatribe on June 15 2001 was not a non-actionable expression of opinion nor was it harmless because Burdine recited only conclusions based on facts whose truth or falsity was well-known to all of the other people presentIn assessing a statements defamatory impact the court will not pick out and isolate particular phrases but will consider the publication as a whole Here Burdines statements to the effect that the plaintiff was incompetent and unprofessional might if taken alone be protected as pure opinion However in the context ofhis charges that plaintiffhad been billinll Brooks tor hours during which she was either not workinll at all or was working tor other clients they are tantamount to an accusation that plaintiUwas stealinr from her employer We also have no idea how familiar Burdines auditors were with plaintiffs work habits Those who did not work closely with her could reasonably have tormed a very ill opinion ofher professional integrity from Burdines diatribe Indeed in a case such as this it is 101lical to consider as well the manner in which the alleeed slander is published Here a rational onlooker could have been moved by the very vehemence ofBurdines delivery into believing that his charges must be true or he could not have uttered them with such self-righteous energy) (internal citations omitted) (emphasis added) See also Joyce v Thompson Wigdor amp Gilly LLP 2008 WL 2329227 6 (SDNY June 3 2008) (The essential task in determining whether a statement expresses fact or opinion is to decide whether the words complained of considered in the context of the entire communication and of the circumstances in which they were spoken or written may be reasonably understood as implying the assertion of undisclosed facts justifying the opinion Such statements are actionable not because they convey false opinions but rather because a reasonable listener or reader would infer that the speaker or writer knows certain facts unknown to the audience which support the opinion and are detrimental to the person toward whom the communication is directed) (internal citations omitted) (emphasis added)

52

Slander Per Se In Dlima 833 F Supp2d at 391 the Western District in applying New York

law held that

Next Defendants argue they cannot be held liable for alleged statements of Plaintiffs co-worker Glover (Defs Memo p 8) Defendants contend that nothing in the Amended Complaint indicates that Glover was acting in the course of performance of her duties as a dental hygienist when she allegedly told others Plaintiff used illegal drugs and committed malpractice (Id) Plaintiff does not respond to this argument The statements Glover made are false defamatory statements of fact about Plaintiff published to a third party that tend to injure PlaintiWs trade or profession

gtIlt gtIlt gtIlt

31 In Weldy v Piedmont Airlines Inc 985 F2d 57 61 (2d Cir 1993) the Plaintiff alleged

inter alia that his former Co-Worker had disclosed to another Co-Worker that he was being fired

for aggravated assault The gravamen of the Plaintiffs Slander claim was that his former Coshy

Workers statement that the Plaintiff had committed an aggravated assault constituted Slander

Per Se because it falsely imputed an indictable offense to him In Weldy 985 F2d at 62 the

Second Circuit in applying New York law held that

Assault is a crime under both state and federal law Under New York law most assaults are felonies In New York however both felonies and misdemeanors are indictable offenses which New Yorks Appellate Division tells us may form the basis for slander per se Under federal law there are at least three statutes under which assault can be a felony and therefore an indictable offense In short since assault is a serious indictable crime under both state and federal law Hathaways charge of aggravated assault provided a sufficient basis for holding Piedmont liable under a slander per se cause of action

gtIlt gtIlt gtIlt

53

32 Here in light of all of the above it can be stated indubitably that Azeems intentionally

false recitation of events to amongst others Human Resources vis-a-vis her relationship with

Mr Murphy was replete with outright lies half-truths distortions and omissions Put simply

Azeem blatantly and maliciously lied to her co-workers about her interactions with Mr

Murphy and in doing so she defamed Mr Murphy Azeem was not merely expressing her

opinions to her co-workers at Citigroup about Mr Murphy rather she presented alleged

facts to her co-workers - albeit patently erroneous ones - concerning her interactions with

Mr Murphy The false accusations that Azeem made to her co-workers vis-a-vis Mr Murphy

which ran the gamut from inter alia

bull False accusations that her desire to terminate her friendship with Mr Murphy was not respected to

bull False accusations that she was unwillingly subjected to descriptions by Mr Murphy ofhis sex life to

bull False accusations concerning the circumstances underlying the re-initiation of contact between the two to

bull False accusations concerning romantic advancements to

bull False accusations concerning the pursuit of a romantic relationship to

bull False accusations concerning proclamations of love to

bull False accusations concerning stalking to

bull False accusations concerning drug instigation to

bull False accusations concerning harassment to

bull False accusations concerning comments that were supposedly made to her to

bull False accusations concerning a multitude of other topics

54

were far more than statements of opinion about Mr Murphy as a person and as a co-worker

respectively Rather they were specific statements of fact - albeit patently erroneous ones-

meaning statements capable of objective proof about what Mr Murphy did and did not do Put

succinctly Azeem did not merely state her opinion about Mr Murphy instead she presented

facts which as it turns out were incontrovertibly false and which constituted nothing more than

a coterie of outright lies In short the statements that Azeem made to her co-workers at

Citigroup about Mr Murphy were heavily laden with assertions of fact that were capable of a

defamatory meaning sufficient to sustain a defamation recovery

B FALSITY

33 In Albert 239 F3d at 268-69 the Second Circuit in applying New York law held that

A rational juror could conclude that the statements Albert complains of were untrue Albert Dlugy and a radiation oncologist who gave deposition testimony as an expert witness all said that Albert had not endangered the patient or his co-workers If a jury believes Alberts account of events it thus could conclude that the statements by Loksen about the January 30 incident to Buono and others were also false

55

34 Here as established in great detail above Azeems intentionally false recitation of events

to amongst others Human Resources vis-a-vis her relationship with Mr Murphy was replete

with outright lies half-truths distortions and omissions As shall be established at the

evidentiary hearings in this matter each and every a) false utterance and b) false statement of

supposed fact made by Azeem to her co-workers about Mr Murphy shall be fully and

irrevocably debunked Put differently the trier of fact herein specifically the prospective

FINRA arbitration panel that shall preside over this matter shall be left with only one reasonable

conclusion to draw i e Azeem intentionally and maliciously lied to her co-workers about

her interactions with Mr Murphy

56

C PUBLICATION

35 In Albert 239 F3d at 269 the Second Circuit in applying New York law held that

Under New York defamation law publication is a term of art A defamatory writing is not published if it is read by no one but the one defamed Published it is however as soon as read bv anyone else In New York this rule applies even to statements made by one employee to another Other jurisdictions have held that communications made by one employee of a corporation to another have not been published within the law of defamations meaning ofthe term New York however does not adhere to that view42 (internal citations omitted) (emphasis added)

36 Here Azeems defamatory utterances about Mr Murphy were made to other Citigroup

co-workers Hence under well-established New York precedent they were unquestionably

published insofar as they were made by one employee to another

42 See Pirre v Printing Developments Inc 468 F Supp 1028 1041-42 (SDNY 1979) (Publication is a simple concept A defamatory writing is not published if it is read by no one but the defamed (person) Published it is however as soon as read by anyone else PDI concedes that the libels here were indeed read by persons other than John Pirre It contends however that because those persons were PDI officers and employees no publication occurred We disagree Defendant contends that diUerent considerations should apply when the individuals involved in the communication are oficers ofthe defendant corporation We see no basis (or this distinction While corporate oficers may be as defendant contends the embodiment ofthe corporation they remain individuals with distinct personalities and opinions which opinions may be affected just as surely as those ofother employees bv the spread ofinjurious falsehoods It is this evil that the law ofdefamation is desirned to remedy ro find no inter-personal communication when a corporate employee speaks to a corporate oficer would be to ignore the distinct personalities oUhe human beings involved We do not believe that the courts ofNew York or Connecticut would ignore this reality in defining the law oUhose states) (internal citations omitted) (emphasis added) See also Loughry v Lincoln First Bank NA 67 NY2d 369377494 NE2d 70 74 502 NYS2d 965969 (1986) (Finally Lincoln asserts that as a matter oflaw no publication was madeFor purposes ofa slander claim however it is clear that a false and malicious utterance by one employee to another can be actionable) (emphasis added)

57

summary termination of Albert which virtually eliminates the possibility that they were meant as rhetorical hyperbole The statements thus heavily laden with assertions offact were capable oa defamatory meaning sumcient to sustain a defamation recovery41 (emphasis added)

30 In DLima 833 F Supp2d at 387 the Plaintiff a Dentist alleged inter alia that his

former Co-Worker told patientsthe community-at-large that he had regularly used illegal drugs

on weekends and was impaired by these drugs while on duty thus causing a detrimental impact

on patient care Thus the Plaintiff commenced an action in Federal Court for inter alia

41 See LaBozzo v Brooks Bros Inc 2002 WL 1275155 6 (NY Sup April 25 2002) (Contrary to defendants assertions Burdines diatribe on June 15 2001 was not a non-actionable expression of opinion nor was it harmless because Burdine recited only conclusions based on facts whose truth or falsity was well-known to all of the other people presentIn assessing a statements defamatory impact the court will not pick out and isolate particular phrases but will consider the publication as a whole Here Burdines statements to the effect that the plaintiff was incompetent and unprofessional might if taken alone be protected as pure opinion However in the context ofhis charges that plaintiffhad been billinll Brooks tor hours during which she was either not workinll at all or was working tor other clients they are tantamount to an accusation that plaintiUwas stealinr from her employer We also have no idea how familiar Burdines auditors were with plaintiffs work habits Those who did not work closely with her could reasonably have tormed a very ill opinion ofher professional integrity from Burdines diatribe Indeed in a case such as this it is 101lical to consider as well the manner in which the alleeed slander is published Here a rational onlooker could have been moved by the very vehemence ofBurdines delivery into believing that his charges must be true or he could not have uttered them with such self-righteous energy) (internal citations omitted) (emphasis added) See also Joyce v Thompson Wigdor amp Gilly LLP 2008 WL 2329227 6 (SDNY June 3 2008) (The essential task in determining whether a statement expresses fact or opinion is to decide whether the words complained of considered in the context of the entire communication and of the circumstances in which they were spoken or written may be reasonably understood as implying the assertion of undisclosed facts justifying the opinion Such statements are actionable not because they convey false opinions but rather because a reasonable listener or reader would infer that the speaker or writer knows certain facts unknown to the audience which support the opinion and are detrimental to the person toward whom the communication is directed) (internal citations omitted) (emphasis added)

52

Slander Per Se In Dlima 833 F Supp2d at 391 the Western District in applying New York

law held that

Next Defendants argue they cannot be held liable for alleged statements of Plaintiffs co-worker Glover (Defs Memo p 8) Defendants contend that nothing in the Amended Complaint indicates that Glover was acting in the course of performance of her duties as a dental hygienist when she allegedly told others Plaintiff used illegal drugs and committed malpractice (Id) Plaintiff does not respond to this argument The statements Glover made are false defamatory statements of fact about Plaintiff published to a third party that tend to injure PlaintiWs trade or profession

gtIlt gtIlt gtIlt

31 In Weldy v Piedmont Airlines Inc 985 F2d 57 61 (2d Cir 1993) the Plaintiff alleged

inter alia that his former Co-Worker had disclosed to another Co-Worker that he was being fired

for aggravated assault The gravamen of the Plaintiffs Slander claim was that his former Coshy

Workers statement that the Plaintiff had committed an aggravated assault constituted Slander

Per Se because it falsely imputed an indictable offense to him In Weldy 985 F2d at 62 the

Second Circuit in applying New York law held that

Assault is a crime under both state and federal law Under New York law most assaults are felonies In New York however both felonies and misdemeanors are indictable offenses which New Yorks Appellate Division tells us may form the basis for slander per se Under federal law there are at least three statutes under which assault can be a felony and therefore an indictable offense In short since assault is a serious indictable crime under both state and federal law Hathaways charge of aggravated assault provided a sufficient basis for holding Piedmont liable under a slander per se cause of action

gtIlt gtIlt gtIlt

53

32 Here in light of all of the above it can be stated indubitably that Azeems intentionally

false recitation of events to amongst others Human Resources vis-a-vis her relationship with

Mr Murphy was replete with outright lies half-truths distortions and omissions Put simply

Azeem blatantly and maliciously lied to her co-workers about her interactions with Mr

Murphy and in doing so she defamed Mr Murphy Azeem was not merely expressing her

opinions to her co-workers at Citigroup about Mr Murphy rather she presented alleged

facts to her co-workers - albeit patently erroneous ones - concerning her interactions with

Mr Murphy The false accusations that Azeem made to her co-workers vis-a-vis Mr Murphy

which ran the gamut from inter alia

bull False accusations that her desire to terminate her friendship with Mr Murphy was not respected to

bull False accusations that she was unwillingly subjected to descriptions by Mr Murphy ofhis sex life to

bull False accusations concerning the circumstances underlying the re-initiation of contact between the two to

bull False accusations concerning romantic advancements to

bull False accusations concerning the pursuit of a romantic relationship to

bull False accusations concerning proclamations of love to

bull False accusations concerning stalking to

bull False accusations concerning drug instigation to

bull False accusations concerning harassment to

bull False accusations concerning comments that were supposedly made to her to

bull False accusations concerning a multitude of other topics

54

were far more than statements of opinion about Mr Murphy as a person and as a co-worker

respectively Rather they were specific statements of fact - albeit patently erroneous ones-

meaning statements capable of objective proof about what Mr Murphy did and did not do Put

succinctly Azeem did not merely state her opinion about Mr Murphy instead she presented

facts which as it turns out were incontrovertibly false and which constituted nothing more than

a coterie of outright lies In short the statements that Azeem made to her co-workers at

Citigroup about Mr Murphy were heavily laden with assertions of fact that were capable of a

defamatory meaning sufficient to sustain a defamation recovery

B FALSITY

33 In Albert 239 F3d at 268-69 the Second Circuit in applying New York law held that

A rational juror could conclude that the statements Albert complains of were untrue Albert Dlugy and a radiation oncologist who gave deposition testimony as an expert witness all said that Albert had not endangered the patient or his co-workers If a jury believes Alberts account of events it thus could conclude that the statements by Loksen about the January 30 incident to Buono and others were also false

55

34 Here as established in great detail above Azeems intentionally false recitation of events

to amongst others Human Resources vis-a-vis her relationship with Mr Murphy was replete

with outright lies half-truths distortions and omissions As shall be established at the

evidentiary hearings in this matter each and every a) false utterance and b) false statement of

supposed fact made by Azeem to her co-workers about Mr Murphy shall be fully and

irrevocably debunked Put differently the trier of fact herein specifically the prospective

FINRA arbitration panel that shall preside over this matter shall be left with only one reasonable

conclusion to draw i e Azeem intentionally and maliciously lied to her co-workers about

her interactions with Mr Murphy

56

C PUBLICATION

35 In Albert 239 F3d at 269 the Second Circuit in applying New York law held that

Under New York defamation law publication is a term of art A defamatory writing is not published if it is read by no one but the one defamed Published it is however as soon as read bv anyone else In New York this rule applies even to statements made by one employee to another Other jurisdictions have held that communications made by one employee of a corporation to another have not been published within the law of defamations meaning ofthe term New York however does not adhere to that view42 (internal citations omitted) (emphasis added)

36 Here Azeems defamatory utterances about Mr Murphy were made to other Citigroup

co-workers Hence under well-established New York precedent they were unquestionably

published insofar as they were made by one employee to another

42 See Pirre v Printing Developments Inc 468 F Supp 1028 1041-42 (SDNY 1979) (Publication is a simple concept A defamatory writing is not published if it is read by no one but the defamed (person) Published it is however as soon as read by anyone else PDI concedes that the libels here were indeed read by persons other than John Pirre It contends however that because those persons were PDI officers and employees no publication occurred We disagree Defendant contends that diUerent considerations should apply when the individuals involved in the communication are oficers ofthe defendant corporation We see no basis (or this distinction While corporate oficers may be as defendant contends the embodiment ofthe corporation they remain individuals with distinct personalities and opinions which opinions may be affected just as surely as those ofother employees bv the spread ofinjurious falsehoods It is this evil that the law ofdefamation is desirned to remedy ro find no inter-personal communication when a corporate employee speaks to a corporate oficer would be to ignore the distinct personalities oUhe human beings involved We do not believe that the courts ofNew York or Connecticut would ignore this reality in defining the law oUhose states) (internal citations omitted) (emphasis added) See also Loughry v Lincoln First Bank NA 67 NY2d 369377494 NE2d 70 74 502 NYS2d 965969 (1986) (Finally Lincoln asserts that as a matter oflaw no publication was madeFor purposes ofa slander claim however it is clear that a false and malicious utterance by one employee to another can be actionable) (emphasis added)

57

Slander Per Se In Dlima 833 F Supp2d at 391 the Western District in applying New York

law held that

Next Defendants argue they cannot be held liable for alleged statements of Plaintiffs co-worker Glover (Defs Memo p 8) Defendants contend that nothing in the Amended Complaint indicates that Glover was acting in the course of performance of her duties as a dental hygienist when she allegedly told others Plaintiff used illegal drugs and committed malpractice (Id) Plaintiff does not respond to this argument The statements Glover made are false defamatory statements of fact about Plaintiff published to a third party that tend to injure PlaintiWs trade or profession

gtIlt gtIlt gtIlt

31 In Weldy v Piedmont Airlines Inc 985 F2d 57 61 (2d Cir 1993) the Plaintiff alleged

inter alia that his former Co-Worker had disclosed to another Co-Worker that he was being fired

for aggravated assault The gravamen of the Plaintiffs Slander claim was that his former Coshy

Workers statement that the Plaintiff had committed an aggravated assault constituted Slander

Per Se because it falsely imputed an indictable offense to him In Weldy 985 F2d at 62 the

Second Circuit in applying New York law held that

Assault is a crime under both state and federal law Under New York law most assaults are felonies In New York however both felonies and misdemeanors are indictable offenses which New Yorks Appellate Division tells us may form the basis for slander per se Under federal law there are at least three statutes under which assault can be a felony and therefore an indictable offense In short since assault is a serious indictable crime under both state and federal law Hathaways charge of aggravated assault provided a sufficient basis for holding Piedmont liable under a slander per se cause of action

gtIlt gtIlt gtIlt

53

32 Here in light of all of the above it can be stated indubitably that Azeems intentionally

false recitation of events to amongst others Human Resources vis-a-vis her relationship with

Mr Murphy was replete with outright lies half-truths distortions and omissions Put simply

Azeem blatantly and maliciously lied to her co-workers about her interactions with Mr

Murphy and in doing so she defamed Mr Murphy Azeem was not merely expressing her

opinions to her co-workers at Citigroup about Mr Murphy rather she presented alleged

facts to her co-workers - albeit patently erroneous ones - concerning her interactions with

Mr Murphy The false accusations that Azeem made to her co-workers vis-a-vis Mr Murphy

which ran the gamut from inter alia

bull False accusations that her desire to terminate her friendship with Mr Murphy was not respected to

bull False accusations that she was unwillingly subjected to descriptions by Mr Murphy ofhis sex life to

bull False accusations concerning the circumstances underlying the re-initiation of contact between the two to

bull False accusations concerning romantic advancements to

bull False accusations concerning the pursuit of a romantic relationship to

bull False accusations concerning proclamations of love to

bull False accusations concerning stalking to

bull False accusations concerning drug instigation to

bull False accusations concerning harassment to

bull False accusations concerning comments that were supposedly made to her to

bull False accusations concerning a multitude of other topics

54

were far more than statements of opinion about Mr Murphy as a person and as a co-worker

respectively Rather they were specific statements of fact - albeit patently erroneous ones-

meaning statements capable of objective proof about what Mr Murphy did and did not do Put

succinctly Azeem did not merely state her opinion about Mr Murphy instead she presented

facts which as it turns out were incontrovertibly false and which constituted nothing more than

a coterie of outright lies In short the statements that Azeem made to her co-workers at

Citigroup about Mr Murphy were heavily laden with assertions of fact that were capable of a

defamatory meaning sufficient to sustain a defamation recovery

B FALSITY

33 In Albert 239 F3d at 268-69 the Second Circuit in applying New York law held that

A rational juror could conclude that the statements Albert complains of were untrue Albert Dlugy and a radiation oncologist who gave deposition testimony as an expert witness all said that Albert had not endangered the patient or his co-workers If a jury believes Alberts account of events it thus could conclude that the statements by Loksen about the January 30 incident to Buono and others were also false

55

34 Here as established in great detail above Azeems intentionally false recitation of events

to amongst others Human Resources vis-a-vis her relationship with Mr Murphy was replete

with outright lies half-truths distortions and omissions As shall be established at the

evidentiary hearings in this matter each and every a) false utterance and b) false statement of

supposed fact made by Azeem to her co-workers about Mr Murphy shall be fully and

irrevocably debunked Put differently the trier of fact herein specifically the prospective

FINRA arbitration panel that shall preside over this matter shall be left with only one reasonable

conclusion to draw i e Azeem intentionally and maliciously lied to her co-workers about

her interactions with Mr Murphy

56

C PUBLICATION

35 In Albert 239 F3d at 269 the Second Circuit in applying New York law held that

Under New York defamation law publication is a term of art A defamatory writing is not published if it is read by no one but the one defamed Published it is however as soon as read bv anyone else In New York this rule applies even to statements made by one employee to another Other jurisdictions have held that communications made by one employee of a corporation to another have not been published within the law of defamations meaning ofthe term New York however does not adhere to that view42 (internal citations omitted) (emphasis added)

36 Here Azeems defamatory utterances about Mr Murphy were made to other Citigroup

co-workers Hence under well-established New York precedent they were unquestionably

published insofar as they were made by one employee to another

42 See Pirre v Printing Developments Inc 468 F Supp 1028 1041-42 (SDNY 1979) (Publication is a simple concept A defamatory writing is not published if it is read by no one but the defamed (person) Published it is however as soon as read by anyone else PDI concedes that the libels here were indeed read by persons other than John Pirre It contends however that because those persons were PDI officers and employees no publication occurred We disagree Defendant contends that diUerent considerations should apply when the individuals involved in the communication are oficers ofthe defendant corporation We see no basis (or this distinction While corporate oficers may be as defendant contends the embodiment ofthe corporation they remain individuals with distinct personalities and opinions which opinions may be affected just as surely as those ofother employees bv the spread ofinjurious falsehoods It is this evil that the law ofdefamation is desirned to remedy ro find no inter-personal communication when a corporate employee speaks to a corporate oficer would be to ignore the distinct personalities oUhe human beings involved We do not believe that the courts ofNew York or Connecticut would ignore this reality in defining the law oUhose states) (internal citations omitted) (emphasis added) See also Loughry v Lincoln First Bank NA 67 NY2d 369377494 NE2d 70 74 502 NYS2d 965969 (1986) (Finally Lincoln asserts that as a matter oflaw no publication was madeFor purposes ofa slander claim however it is clear that a false and malicious utterance by one employee to another can be actionable) (emphasis added)

57

32 Here in light of all of the above it can be stated indubitably that Azeems intentionally

false recitation of events to amongst others Human Resources vis-a-vis her relationship with

Mr Murphy was replete with outright lies half-truths distortions and omissions Put simply

Azeem blatantly and maliciously lied to her co-workers about her interactions with Mr

Murphy and in doing so she defamed Mr Murphy Azeem was not merely expressing her

opinions to her co-workers at Citigroup about Mr Murphy rather she presented alleged

facts to her co-workers - albeit patently erroneous ones - concerning her interactions with

Mr Murphy The false accusations that Azeem made to her co-workers vis-a-vis Mr Murphy

which ran the gamut from inter alia

bull False accusations that her desire to terminate her friendship with Mr Murphy was not respected to

bull False accusations that she was unwillingly subjected to descriptions by Mr Murphy ofhis sex life to

bull False accusations concerning the circumstances underlying the re-initiation of contact between the two to

bull False accusations concerning romantic advancements to

bull False accusations concerning the pursuit of a romantic relationship to

bull False accusations concerning proclamations of love to

bull False accusations concerning stalking to

bull False accusations concerning drug instigation to

bull False accusations concerning harassment to

bull False accusations concerning comments that were supposedly made to her to

bull False accusations concerning a multitude of other topics

54

were far more than statements of opinion about Mr Murphy as a person and as a co-worker

respectively Rather they were specific statements of fact - albeit patently erroneous ones-

meaning statements capable of objective proof about what Mr Murphy did and did not do Put

succinctly Azeem did not merely state her opinion about Mr Murphy instead she presented

facts which as it turns out were incontrovertibly false and which constituted nothing more than

a coterie of outright lies In short the statements that Azeem made to her co-workers at

Citigroup about Mr Murphy were heavily laden with assertions of fact that were capable of a

defamatory meaning sufficient to sustain a defamation recovery

B FALSITY

33 In Albert 239 F3d at 268-69 the Second Circuit in applying New York law held that

A rational juror could conclude that the statements Albert complains of were untrue Albert Dlugy and a radiation oncologist who gave deposition testimony as an expert witness all said that Albert had not endangered the patient or his co-workers If a jury believes Alberts account of events it thus could conclude that the statements by Loksen about the January 30 incident to Buono and others were also false

55

34 Here as established in great detail above Azeems intentionally false recitation of events

to amongst others Human Resources vis-a-vis her relationship with Mr Murphy was replete

with outright lies half-truths distortions and omissions As shall be established at the

evidentiary hearings in this matter each and every a) false utterance and b) false statement of

supposed fact made by Azeem to her co-workers about Mr Murphy shall be fully and

irrevocably debunked Put differently the trier of fact herein specifically the prospective

FINRA arbitration panel that shall preside over this matter shall be left with only one reasonable

conclusion to draw i e Azeem intentionally and maliciously lied to her co-workers about

her interactions with Mr Murphy

56

C PUBLICATION

35 In Albert 239 F3d at 269 the Second Circuit in applying New York law held that

Under New York defamation law publication is a term of art A defamatory writing is not published if it is read by no one but the one defamed Published it is however as soon as read bv anyone else In New York this rule applies even to statements made by one employee to another Other jurisdictions have held that communications made by one employee of a corporation to another have not been published within the law of defamations meaning ofthe term New York however does not adhere to that view42 (internal citations omitted) (emphasis added)

36 Here Azeems defamatory utterances about Mr Murphy were made to other Citigroup

co-workers Hence under well-established New York precedent they were unquestionably

published insofar as they were made by one employee to another

42 See Pirre v Printing Developments Inc 468 F Supp 1028 1041-42 (SDNY 1979) (Publication is a simple concept A defamatory writing is not published if it is read by no one but the defamed (person) Published it is however as soon as read by anyone else PDI concedes that the libels here were indeed read by persons other than John Pirre It contends however that because those persons were PDI officers and employees no publication occurred We disagree Defendant contends that diUerent considerations should apply when the individuals involved in the communication are oficers ofthe defendant corporation We see no basis (or this distinction While corporate oficers may be as defendant contends the embodiment ofthe corporation they remain individuals with distinct personalities and opinions which opinions may be affected just as surely as those ofother employees bv the spread ofinjurious falsehoods It is this evil that the law ofdefamation is desirned to remedy ro find no inter-personal communication when a corporate employee speaks to a corporate oficer would be to ignore the distinct personalities oUhe human beings involved We do not believe that the courts ofNew York or Connecticut would ignore this reality in defining the law oUhose states) (internal citations omitted) (emphasis added) See also Loughry v Lincoln First Bank NA 67 NY2d 369377494 NE2d 70 74 502 NYS2d 965969 (1986) (Finally Lincoln asserts that as a matter oflaw no publication was madeFor purposes ofa slander claim however it is clear that a false and malicious utterance by one employee to another can be actionable) (emphasis added)

57

were far more than statements of opinion about Mr Murphy as a person and as a co-worker

respectively Rather they were specific statements of fact - albeit patently erroneous ones-

meaning statements capable of objective proof about what Mr Murphy did and did not do Put

succinctly Azeem did not merely state her opinion about Mr Murphy instead she presented

facts which as it turns out were incontrovertibly false and which constituted nothing more than

a coterie of outright lies In short the statements that Azeem made to her co-workers at

Citigroup about Mr Murphy were heavily laden with assertions of fact that were capable of a

defamatory meaning sufficient to sustain a defamation recovery

B FALSITY

33 In Albert 239 F3d at 268-69 the Second Circuit in applying New York law held that

A rational juror could conclude that the statements Albert complains of were untrue Albert Dlugy and a radiation oncologist who gave deposition testimony as an expert witness all said that Albert had not endangered the patient or his co-workers If a jury believes Alberts account of events it thus could conclude that the statements by Loksen about the January 30 incident to Buono and others were also false

55

34 Here as established in great detail above Azeems intentionally false recitation of events

to amongst others Human Resources vis-a-vis her relationship with Mr Murphy was replete

with outright lies half-truths distortions and omissions As shall be established at the

evidentiary hearings in this matter each and every a) false utterance and b) false statement of

supposed fact made by Azeem to her co-workers about Mr Murphy shall be fully and

irrevocably debunked Put differently the trier of fact herein specifically the prospective

FINRA arbitration panel that shall preside over this matter shall be left with only one reasonable

conclusion to draw i e Azeem intentionally and maliciously lied to her co-workers about

her interactions with Mr Murphy

56

C PUBLICATION

35 In Albert 239 F3d at 269 the Second Circuit in applying New York law held that

Under New York defamation law publication is a term of art A defamatory writing is not published if it is read by no one but the one defamed Published it is however as soon as read bv anyone else In New York this rule applies even to statements made by one employee to another Other jurisdictions have held that communications made by one employee of a corporation to another have not been published within the law of defamations meaning ofthe term New York however does not adhere to that view42 (internal citations omitted) (emphasis added)

36 Here Azeems defamatory utterances about Mr Murphy were made to other Citigroup

co-workers Hence under well-established New York precedent they were unquestionably

published insofar as they were made by one employee to another

42 See Pirre v Printing Developments Inc 468 F Supp 1028 1041-42 (SDNY 1979) (Publication is a simple concept A defamatory writing is not published if it is read by no one but the defamed (person) Published it is however as soon as read by anyone else PDI concedes that the libels here were indeed read by persons other than John Pirre It contends however that because those persons were PDI officers and employees no publication occurred We disagree Defendant contends that diUerent considerations should apply when the individuals involved in the communication are oficers ofthe defendant corporation We see no basis (or this distinction While corporate oficers may be as defendant contends the embodiment ofthe corporation they remain individuals with distinct personalities and opinions which opinions may be affected just as surely as those ofother employees bv the spread ofinjurious falsehoods It is this evil that the law ofdefamation is desirned to remedy ro find no inter-personal communication when a corporate employee speaks to a corporate oficer would be to ignore the distinct personalities oUhe human beings involved We do not believe that the courts ofNew York or Connecticut would ignore this reality in defining the law oUhose states) (internal citations omitted) (emphasis added) See also Loughry v Lincoln First Bank NA 67 NY2d 369377494 NE2d 70 74 502 NYS2d 965969 (1986) (Finally Lincoln asserts that as a matter oflaw no publication was madeFor purposes ofa slander claim however it is clear that a false and malicious utterance by one employee to another can be actionable) (emphasis added)

57

34 Here as established in great detail above Azeems intentionally false recitation of events

to amongst others Human Resources vis-a-vis her relationship with Mr Murphy was replete

with outright lies half-truths distortions and omissions As shall be established at the

evidentiary hearings in this matter each and every a) false utterance and b) false statement of

supposed fact made by Azeem to her co-workers about Mr Murphy shall be fully and

irrevocably debunked Put differently the trier of fact herein specifically the prospective

FINRA arbitration panel that shall preside over this matter shall be left with only one reasonable

conclusion to draw i e Azeem intentionally and maliciously lied to her co-workers about

her interactions with Mr Murphy

56

C PUBLICATION

35 In Albert 239 F3d at 269 the Second Circuit in applying New York law held that

Under New York defamation law publication is a term of art A defamatory writing is not published if it is read by no one but the one defamed Published it is however as soon as read bv anyone else In New York this rule applies even to statements made by one employee to another Other jurisdictions have held that communications made by one employee of a corporation to another have not been published within the law of defamations meaning ofthe term New York however does not adhere to that view42 (internal citations omitted) (emphasis added)

36 Here Azeems defamatory utterances about Mr Murphy were made to other Citigroup

co-workers Hence under well-established New York precedent they were unquestionably

published insofar as they were made by one employee to another

42 See Pirre v Printing Developments Inc 468 F Supp 1028 1041-42 (SDNY 1979) (Publication is a simple concept A defamatory writing is not published if it is read by no one but the defamed (person) Published it is however as soon as read by anyone else PDI concedes that the libels here were indeed read by persons other than John Pirre It contends however that because those persons were PDI officers and employees no publication occurred We disagree Defendant contends that diUerent considerations should apply when the individuals involved in the communication are oficers ofthe defendant corporation We see no basis (or this distinction While corporate oficers may be as defendant contends the embodiment ofthe corporation they remain individuals with distinct personalities and opinions which opinions may be affected just as surely as those ofother employees bv the spread ofinjurious falsehoods It is this evil that the law ofdefamation is desirned to remedy ro find no inter-personal communication when a corporate employee speaks to a corporate oficer would be to ignore the distinct personalities oUhe human beings involved We do not believe that the courts ofNew York or Connecticut would ignore this reality in defining the law oUhose states) (internal citations omitted) (emphasis added) See also Loughry v Lincoln First Bank NA 67 NY2d 369377494 NE2d 70 74 502 NYS2d 965969 (1986) (Finally Lincoln asserts that as a matter oflaw no publication was madeFor purposes ofa slander claim however it is clear that a false and malicious utterance by one employee to another can be actionable) (emphasis added)

57

C PUBLICATION

35 In Albert 239 F3d at 269 the Second Circuit in applying New York law held that

Under New York defamation law publication is a term of art A defamatory writing is not published if it is read by no one but the one defamed Published it is however as soon as read bv anyone else In New York this rule applies even to statements made by one employee to another Other jurisdictions have held that communications made by one employee of a corporation to another have not been published within the law of defamations meaning ofthe term New York however does not adhere to that view42 (internal citations omitted) (emphasis added)

36 Here Azeems defamatory utterances about Mr Murphy were made to other Citigroup

co-workers Hence under well-established New York precedent they were unquestionably

published insofar as they were made by one employee to another

42 See Pirre v Printing Developments Inc 468 F Supp 1028 1041-42 (SDNY 1979) (Publication is a simple concept A defamatory writing is not published if it is read by no one but the defamed (person) Published it is however as soon as read by anyone else PDI concedes that the libels here were indeed read by persons other than John Pirre It contends however that because those persons were PDI officers and employees no publication occurred We disagree Defendant contends that diUerent considerations should apply when the individuals involved in the communication are oficers ofthe defendant corporation We see no basis (or this distinction While corporate oficers may be as defendant contends the embodiment ofthe corporation they remain individuals with distinct personalities and opinions which opinions may be affected just as surely as those ofother employees bv the spread ofinjurious falsehoods It is this evil that the law ofdefamation is desirned to remedy ro find no inter-personal communication when a corporate employee speaks to a corporate oficer would be to ignore the distinct personalities oUhe human beings involved We do not believe that the courts ofNew York or Connecticut would ignore this reality in defining the law oUhose states) (internal citations omitted) (emphasis added) See also Loughry v Lincoln First Bank NA 67 NY2d 369377494 NE2d 70 74 502 NYS2d 965969 (1986) (Finally Lincoln asserts that as a matter oflaw no publication was madeFor purposes ofa slander claim however it is clear that a false and malicious utterance by one employee to another can be actionable) (emphasis added)

57

D FAULT

37 In Yesner v Spinner 765 F Supp 48 52-53 (SDNY 1991) the Southern District in

applying New York law held that

This action clearly falls within the Dun amp Bradstreet category of cases in that it involves a private-fifure plaintiff concerninf matters not of public concern The question now becomes whether in light of Dun amp Bradstreet the New York courts nonetheless permit the recovery of presumed damages under such circumstances as they did pre-Gertz (see Davis v Ross 107 FRD 326330 n 3 [SDNY1985] [court predicting New York courts will re-adopt the pre-Gertz rule in private-figure plaintiffmatters of private concern cases]) As was predicted in Davis v Ross supra the New York courts post-Dun amp Bradstreet have in fact returned to the pre-Gertz state of the law by permitting presumed damages in cases involving private plaintiffs on matters of private concern (see eg 60 Minute Man Ltd v Kossman supra 555 NYS2d at p 154 [Indeed where the defamatory speech has no public concern content the rule afainst presumed damafes does not apply in an action by a non-public fifure plaintiff] King v Tanner 142 Misc2d 1004 539 NYS2d 617 621 [SupCt Westchester County 1989] [rejectine Times actual malice standard post-Dun amp Bradstreet and imposine only burden of showine common-law malice ie ill-will or spite] (emphasis added)

58

t f

38 In Albert 239 F3d at 272 the Second Circuit in applying New York law held that

New York affords qualified protection to defamatory communication[s] made by one person to another upon a subject in which both have an interest Communications by supervisors or co-workers made in connection with the evaluation of an employees performance including allegations of employee misconduct and communications regarding the reasons for an employees discharge fall within the privilege A defendant forfeits this qualified privileKe by makinK a false defamatory statement with malice of either the common-law or constitutional variety Common-law malice mean[s] spite or ill will and defeats the privilege only if it is the one and only cause for the publication Constitutional or actual malice means publication with knowledge that [the statement] was false or reckless disregard of whether it was false or not Reckless disregard as to falsity means that the statement is made with [a] high degree of awareness of [the publications] probable falsity or while the defendant in fact entertained serious doubts as to the truth of [the] publication (internal citations omitted) (emphasis added)

39 Here even assuming arguendo that a qualified privilege were to apply to Azeems

false utterances about Mr Murphy said privilege is wholly forfeited and vitiated because as

happens to be the case even though only one form of malice must be demonstrated to overcome

the qualified privilege Azeem acted with both constitutional and common law malice in making

such defamatory statements of fact about Mr Murphy

59

40 With regard to constitutional malice Azeem knew that she was lying to her co-workers

when she inter alia

I bull Attributed statementscomments to Mr Murphy that he never made and

bull Falsely accused him of amongst other things harassment drug instigation

I stalking etc

Azeem clearly knew that she was lying when she made these fallacious accusations unless of I i

course some form of acute amnesia or grave medically-induced memory loss had overtaken her

41 With respect to common law malice Azeem not only acted with spite and ill will but

moreover in disseminating her egregious lies and falsehoods to her co-workers about Mr

Murphy she acted with the most heightened form of malice conceivable insofar as she knew that

by disseminating such lies and falsehoods to her co-workers about Mr Murphy Mr Murphys

stellar unblemished career at Citigroup could potentially be over She did not need to be

particularly prescient in this regard to know that deleterious consequences would flow from inter

alia

60

l I

bull False accusations that her desire to terminate her friendship with Mr Murphy was not respected to

bull False accusations that she was unwillingly subjected to descriptions by Mr Murphy of his sex life to

bull False accusations concerning the circumstances underlying the re-initiation of contact between the two to

bull False accusations concerning romantic advancements to

bull False accusations concerning the pursuit of a romantic relationship to

bull False accusations concerning proclamations of love to

bull False accusations concerning stalking to

bull False accusations concerning drug instigation to

bull False accusations concerning harassment to

bull False accusations concerning comments that were supposedly made to her to

bull False accusations concerning a multitude of other topics

61

Could Azeem have known with certitude when she made her false utterances to her co-workers

about Mr Murphy that

bull Mr Murphy would be denied the opportunity to present his version of events to Citigroup - i e the true version or

bull Citigroup had no intention whatsoever of conducting a fair impartial or evenshyhanded investigation or

bull Henriquez would not read all of the text messages between Mr Murphy and Azeem with which she was furnished or

bull Citigroup with the 20-year career of a Senior Managing Director with a flawless laudable and pristine record in the securities industry hanging perilously in the balance one who presided over a Division that was poised to generate in excess of $1 Billion in revenues for the Company and its Shareholders in Calendar Year 2014 - would do essentially nothinJ to garner even a smidgeon of the relevant facts

Perhaps the answers to these queries are yes or perhaps they are no However in actuality the

answers are of no moment or significance insofar as under well-settled New York precedent Mr

Murphy merely must demonstrate that Azeem under the common law malice standard acted

with spite and ill will in making her false utterances he need not demonstrate that she knew

or could anticipate what or the extent to which detrimental consequences would flow therefrom

In short in light of all of the foregoing Azeem acted with far more than spite and ill will

when she made her defamatory utterances and in addition malice - plain and simple - was the

only reason underlying her false utterances In sum as noted above even assuming arguendo

that a qualified privilege were to apply to Azeems false utterances about Mr Murphy said

privilege is wholly negated because again as happens to be the case even though only one form

ofmalice must be demonstrated to nullify the qualified privilege Azeem acted with both

62

constitutional and common law malice in making such defamatory statements of fact about Mr

Murphy

E DAMAGES

42 In Albert 239 F3d at 271 the Second Circuit in applying New York law held that

To establish a cause of action in slander the plaintiff must show either that the statement complained of caused him or her special harm or that it constituted slander per se Generally speaking special harm means the loss of something having economic or pecuniary value The four categories of statements that have historically constituted slander per se in New York are those that (i) charge the plaintiff with a serious crime (ii) tend to injure the plaintiff in his or her trade business or profession (iii) imply that the plaintiff has a loathsome disease or (iv) impute unchastity to a woman There is no proof of special harm incurred by Albert in the record on appeal But we conclude that as a matter of law the assertions allegedly made by Loksen about Albert a hospital physicist that inter alia he handled radioactive material in a manner that compromised the welfare of a patient and [) if [it) bullbull continued definitely could have resulted in improper treatment and endangered the patients life he endangered the safety of co-workers and he had neglect for established radiation safety procedures would obviously tend to injure him in his profession The statement iljalse and defamatory is therefore actionable per set Pleadinr and profspecial harm is unnecessarv (internal citations omitted) (emphasis added)43

43 See LaBozzo 2002 WL at 6 (BurdineS charges were slanderous per se because they tended to injure plaintiff in her trade business or profession) See also Liberman v Gelstein 80 NY2d 429 435 605 NE2d 344 347-48 590 NYS2d 857 860-61 (1992) (Plaintiff has not alleged special damages and thus his slander claims are not sustainable unless they fall within one ofthe exceptions to the rule The four established exceptions (collectively slander per se) consist of statements (i) charging plaintiff with a serious crime (ii) that tend to injure another in his or her trade business or profession (iii) that plaintiff has a loathsome disease or (iv) imputing unchastity to a woman When statements fall within one of these categories the law presumes that damages will result and they need not be alleged or proven) ODiah 954 F Supp2d at 275 (Special damages need not be shown however where evidence supports a claim for slander per se The four categories of defamatory statements that constitute slander per se are those that (1) charge the plaintiff with a serious crime (2) tend to injure the plaintiff in his or her trade business or profession (3) imply that the plaintiff has a loathsome disease or (4) impute unchastity to a woman) (internal citations omitted) DLima 833 F Supp2d at 390 (Slander per se includes four categories of statements (i) charging plaintiff with a serious crime

63

40 With regard to constitutional malice Azeem knew that she was lying to her co-workers

when she inter alia

I bull Attributed statementscomments to Mr Murphy that he never made and

bull Falsely accused him of amongst other things harassment drug instigation

I stalking etc

Azeem clearly knew that she was lying when she made these fallacious accusations unless of I i

course some form of acute amnesia or grave medically-induced memory loss had overtaken her

41 With respect to common law malice Azeem not only acted with spite and ill will but

moreover in disseminating her egregious lies and falsehoods to her co-workers about Mr

Murphy she acted with the most heightened form of malice conceivable insofar as she knew that

by disseminating such lies and falsehoods to her co-workers about Mr Murphy Mr Murphys

stellar unblemished career at Citigroup could potentially be over She did not need to be

particularly prescient in this regard to know that deleterious consequences would flow from inter

alia

60

l I

bull False accusations that her desire to terminate her friendship with Mr Murphy was not respected to

bull False accusations that she was unwillingly subjected to descriptions by Mr Murphy of his sex life to

bull False accusations concerning the circumstances underlying the re-initiation of contact between the two to

bull False accusations concerning romantic advancements to

bull False accusations concerning the pursuit of a romantic relationship to

bull False accusations concerning proclamations of love to

bull False accusations concerning stalking to

bull False accusations concerning drug instigation to

bull False accusations concerning harassment to

bull False accusations concerning comments that were supposedly made to her to

bull False accusations concerning a multitude of other topics

61

Could Azeem have known with certitude when she made her false utterances to her co-workers

about Mr Murphy that

bull Mr Murphy would be denied the opportunity to present his version of events to Citigroup - i e the true version or

bull Citigroup had no intention whatsoever of conducting a fair impartial or evenshyhanded investigation or

bull Henriquez would not read all of the text messages between Mr Murphy and Azeem with which she was furnished or

bull Citigroup with the 20-year career of a Senior Managing Director with a flawless laudable and pristine record in the securities industry hanging perilously in the balance one who presided over a Division that was poised to generate in excess of $1 Billion in revenues for the Company and its Shareholders in Calendar Year 2014 - would do essentially nothinJ to garner even a smidgeon of the relevant facts

Perhaps the answers to these queries are yes or perhaps they are no However in actuality the

answers are of no moment or significance insofar as under well-settled New York precedent Mr

Murphy merely must demonstrate that Azeem under the common law malice standard acted

with spite and ill will in making her false utterances he need not demonstrate that she knew

or could anticipate what or the extent to which detrimental consequences would flow therefrom

In short in light of all of the foregoing Azeem acted with far more than spite and ill will

when she made her defamatory utterances and in addition malice - plain and simple - was the

only reason underlying her false utterances In sum as noted above even assuming arguendo

that a qualified privilege were to apply to Azeems false utterances about Mr Murphy said

privilege is wholly negated because again as happens to be the case even though only one form

ofmalice must be demonstrated to nullify the qualified privilege Azeem acted with both

62

constitutional and common law malice in making such defamatory statements of fact about Mr

Murphy

E DAMAGES

42 In Albert 239 F3d at 271 the Second Circuit in applying New York law held that

To establish a cause of action in slander the plaintiff must show either that the statement complained of caused him or her special harm or that it constituted slander per se Generally speaking special harm means the loss of something having economic or pecuniary value The four categories of statements that have historically constituted slander per se in New York are those that (i) charge the plaintiff with a serious crime (ii) tend to injure the plaintiff in his or her trade business or profession (iii) imply that the plaintiff has a loathsome disease or (iv) impute unchastity to a woman There is no proof of special harm incurred by Albert in the record on appeal But we conclude that as a matter of law the assertions allegedly made by Loksen about Albert a hospital physicist that inter alia he handled radioactive material in a manner that compromised the welfare of a patient and [) if [it) bullbull continued definitely could have resulted in improper treatment and endangered the patients life he endangered the safety of co-workers and he had neglect for established radiation safety procedures would obviously tend to injure him in his profession The statement iljalse and defamatory is therefore actionable per set Pleadinr and profspecial harm is unnecessarv (internal citations omitted) (emphasis added)43

43 See LaBozzo 2002 WL at 6 (BurdineS charges were slanderous per se because they tended to injure plaintiff in her trade business or profession) See also Liberman v Gelstein 80 NY2d 429 435 605 NE2d 344 347-48 590 NYS2d 857 860-61 (1992) (Plaintiff has not alleged special damages and thus his slander claims are not sustainable unless they fall within one ofthe exceptions to the rule The four established exceptions (collectively slander per se) consist of statements (i) charging plaintiff with a serious crime (ii) that tend to injure another in his or her trade business or profession (iii) that plaintiff has a loathsome disease or (iv) imputing unchastity to a woman When statements fall within one of these categories the law presumes that damages will result and they need not be alleged or proven) ODiah 954 F Supp2d at 275 (Special damages need not be shown however where evidence supports a claim for slander per se The four categories of defamatory statements that constitute slander per se are those that (1) charge the plaintiff with a serious crime (2) tend to injure the plaintiff in his or her trade business or profession (3) imply that the plaintiff has a loathsome disease or (4) impute unchastity to a woman) (internal citations omitted) DLima 833 F Supp2d at 390 (Slander per se includes four categories of statements (i) charging plaintiff with a serious crime

63

l I

bull False accusations that her desire to terminate her friendship with Mr Murphy was not respected to

bull False accusations that she was unwillingly subjected to descriptions by Mr Murphy of his sex life to

bull False accusations concerning the circumstances underlying the re-initiation of contact between the two to

bull False accusations concerning romantic advancements to

bull False accusations concerning the pursuit of a romantic relationship to

bull False accusations concerning proclamations of love to

bull False accusations concerning stalking to

bull False accusations concerning drug instigation to

bull False accusations concerning harassment to

bull False accusations concerning comments that were supposedly made to her to

bull False accusations concerning a multitude of other topics

61

Could Azeem have known with certitude when she made her false utterances to her co-workers

about Mr Murphy that

bull Mr Murphy would be denied the opportunity to present his version of events to Citigroup - i e the true version or

bull Citigroup had no intention whatsoever of conducting a fair impartial or evenshyhanded investigation or

bull Henriquez would not read all of the text messages between Mr Murphy and Azeem with which she was furnished or

bull Citigroup with the 20-year career of a Senior Managing Director with a flawless laudable and pristine record in the securities industry hanging perilously in the balance one who presided over a Division that was poised to generate in excess of $1 Billion in revenues for the Company and its Shareholders in Calendar Year 2014 - would do essentially nothinJ to garner even a smidgeon of the relevant facts

Perhaps the answers to these queries are yes or perhaps they are no However in actuality the

answers are of no moment or significance insofar as under well-settled New York precedent Mr

Murphy merely must demonstrate that Azeem under the common law malice standard acted

with spite and ill will in making her false utterances he need not demonstrate that she knew

or could anticipate what or the extent to which detrimental consequences would flow therefrom

In short in light of all of the foregoing Azeem acted with far more than spite and ill will

when she made her defamatory utterances and in addition malice - plain and simple - was the

only reason underlying her false utterances In sum as noted above even assuming arguendo

that a qualified privilege were to apply to Azeems false utterances about Mr Murphy said

privilege is wholly negated because again as happens to be the case even though only one form

ofmalice must be demonstrated to nullify the qualified privilege Azeem acted with both

62

constitutional and common law malice in making such defamatory statements of fact about Mr

Murphy

E DAMAGES

42 In Albert 239 F3d at 271 the Second Circuit in applying New York law held that

To establish a cause of action in slander the plaintiff must show either that the statement complained of caused him or her special harm or that it constituted slander per se Generally speaking special harm means the loss of something having economic or pecuniary value The four categories of statements that have historically constituted slander per se in New York are those that (i) charge the plaintiff with a serious crime (ii) tend to injure the plaintiff in his or her trade business or profession (iii) imply that the plaintiff has a loathsome disease or (iv) impute unchastity to a woman There is no proof of special harm incurred by Albert in the record on appeal But we conclude that as a matter of law the assertions allegedly made by Loksen about Albert a hospital physicist that inter alia he handled radioactive material in a manner that compromised the welfare of a patient and [) if [it) bullbull continued definitely could have resulted in improper treatment and endangered the patients life he endangered the safety of co-workers and he had neglect for established radiation safety procedures would obviously tend to injure him in his profession The statement iljalse and defamatory is therefore actionable per set Pleadinr and profspecial harm is unnecessarv (internal citations omitted) (emphasis added)43

43 See LaBozzo 2002 WL at 6 (BurdineS charges were slanderous per se because they tended to injure plaintiff in her trade business or profession) See also Liberman v Gelstein 80 NY2d 429 435 605 NE2d 344 347-48 590 NYS2d 857 860-61 (1992) (Plaintiff has not alleged special damages and thus his slander claims are not sustainable unless they fall within one ofthe exceptions to the rule The four established exceptions (collectively slander per se) consist of statements (i) charging plaintiff with a serious crime (ii) that tend to injure another in his or her trade business or profession (iii) that plaintiff has a loathsome disease or (iv) imputing unchastity to a woman When statements fall within one of these categories the law presumes that damages will result and they need not be alleged or proven) ODiah 954 F Supp2d at 275 (Special damages need not be shown however where evidence supports a claim for slander per se The four categories of defamatory statements that constitute slander per se are those that (1) charge the plaintiff with a serious crime (2) tend to injure the plaintiff in his or her trade business or profession (3) imply that the plaintiff has a loathsome disease or (4) impute unchastity to a woman) (internal citations omitted) DLima 833 F Supp2d at 390 (Slander per se includes four categories of statements (i) charging plaintiff with a serious crime

63

Could Azeem have known with certitude when she made her false utterances to her co-workers

about Mr Murphy that

bull Mr Murphy would be denied the opportunity to present his version of events to Citigroup - i e the true version or

bull Citigroup had no intention whatsoever of conducting a fair impartial or evenshyhanded investigation or

bull Henriquez would not read all of the text messages between Mr Murphy and Azeem with which she was furnished or

bull Citigroup with the 20-year career of a Senior Managing Director with a flawless laudable and pristine record in the securities industry hanging perilously in the balance one who presided over a Division that was poised to generate in excess of $1 Billion in revenues for the Company and its Shareholders in Calendar Year 2014 - would do essentially nothinJ to garner even a smidgeon of the relevant facts

Perhaps the answers to these queries are yes or perhaps they are no However in actuality the

answers are of no moment or significance insofar as under well-settled New York precedent Mr

Murphy merely must demonstrate that Azeem under the common law malice standard acted

with spite and ill will in making her false utterances he need not demonstrate that she knew

or could anticipate what or the extent to which detrimental consequences would flow therefrom

In short in light of all of the foregoing Azeem acted with far more than spite and ill will

when she made her defamatory utterances and in addition malice - plain and simple - was the

only reason underlying her false utterances In sum as noted above even assuming arguendo

that a qualified privilege were to apply to Azeems false utterances about Mr Murphy said

privilege is wholly negated because again as happens to be the case even though only one form

ofmalice must be demonstrated to nullify the qualified privilege Azeem acted with both

62

constitutional and common law malice in making such defamatory statements of fact about Mr

Murphy

E DAMAGES

42 In Albert 239 F3d at 271 the Second Circuit in applying New York law held that

To establish a cause of action in slander the plaintiff must show either that the statement complained of caused him or her special harm or that it constituted slander per se Generally speaking special harm means the loss of something having economic or pecuniary value The four categories of statements that have historically constituted slander per se in New York are those that (i) charge the plaintiff with a serious crime (ii) tend to injure the plaintiff in his or her trade business or profession (iii) imply that the plaintiff has a loathsome disease or (iv) impute unchastity to a woman There is no proof of special harm incurred by Albert in the record on appeal But we conclude that as a matter of law the assertions allegedly made by Loksen about Albert a hospital physicist that inter alia he handled radioactive material in a manner that compromised the welfare of a patient and [) if [it) bullbull continued definitely could have resulted in improper treatment and endangered the patients life he endangered the safety of co-workers and he had neglect for established radiation safety procedures would obviously tend to injure him in his profession The statement iljalse and defamatory is therefore actionable per set Pleadinr and profspecial harm is unnecessarv (internal citations omitted) (emphasis added)43

43 See LaBozzo 2002 WL at 6 (BurdineS charges were slanderous per se because they tended to injure plaintiff in her trade business or profession) See also Liberman v Gelstein 80 NY2d 429 435 605 NE2d 344 347-48 590 NYS2d 857 860-61 (1992) (Plaintiff has not alleged special damages and thus his slander claims are not sustainable unless they fall within one ofthe exceptions to the rule The four established exceptions (collectively slander per se) consist of statements (i) charging plaintiff with a serious crime (ii) that tend to injure another in his or her trade business or profession (iii) that plaintiff has a loathsome disease or (iv) imputing unchastity to a woman When statements fall within one of these categories the law presumes that damages will result and they need not be alleged or proven) ODiah 954 F Supp2d at 275 (Special damages need not be shown however where evidence supports a claim for slander per se The four categories of defamatory statements that constitute slander per se are those that (1) charge the plaintiff with a serious crime (2) tend to injure the plaintiff in his or her trade business or profession (3) imply that the plaintiff has a loathsome disease or (4) impute unchastity to a woman) (internal citations omitted) DLima 833 F Supp2d at 390 (Slander per se includes four categories of statements (i) charging plaintiff with a serious crime

63

constitutional and common law malice in making such defamatory statements of fact about Mr

Murphy

E DAMAGES

42 In Albert 239 F3d at 271 the Second Circuit in applying New York law held that

To establish a cause of action in slander the plaintiff must show either that the statement complained of caused him or her special harm or that it constituted slander per se Generally speaking special harm means the loss of something having economic or pecuniary value The four categories of statements that have historically constituted slander per se in New York are those that (i) charge the plaintiff with a serious crime (ii) tend to injure the plaintiff in his or her trade business or profession (iii) imply that the plaintiff has a loathsome disease or (iv) impute unchastity to a woman There is no proof of special harm incurred by Albert in the record on appeal But we conclude that as a matter of law the assertions allegedly made by Loksen about Albert a hospital physicist that inter alia he handled radioactive material in a manner that compromised the welfare of a patient and [) if [it) bullbull continued definitely could have resulted in improper treatment and endangered the patients life he endangered the safety of co-workers and he had neglect for established radiation safety procedures would obviously tend to injure him in his profession The statement iljalse and defamatory is therefore actionable per set Pleadinr and profspecial harm is unnecessarv (internal citations omitted) (emphasis added)43

43 See LaBozzo 2002 WL at 6 (BurdineS charges were slanderous per se because they tended to injure plaintiff in her trade business or profession) See also Liberman v Gelstein 80 NY2d 429 435 605 NE2d 344 347-48 590 NYS2d 857 860-61 (1992) (Plaintiff has not alleged special damages and thus his slander claims are not sustainable unless they fall within one ofthe exceptions to the rule The four established exceptions (collectively slander per se) consist of statements (i) charging plaintiff with a serious crime (ii) that tend to injure another in his or her trade business or profession (iii) that plaintiff has a loathsome disease or (iv) imputing unchastity to a woman When statements fall within one of these categories the law presumes that damages will result and they need not be alleged or proven) ODiah 954 F Supp2d at 275 (Special damages need not be shown however where evidence supports a claim for slander per se The four categories of defamatory statements that constitute slander per se are those that (1) charge the plaintiff with a serious crime (2) tend to injure the plaintiff in his or her trade business or profession (3) imply that the plaintiff has a loathsome disease or (4) impute unchastity to a woman) (internal citations omitted) DLima 833 F Supp2d at 390 (Slander per se includes four categories of statements (i) charging plaintiff with a serious crime

63

43 Here in conformance with the above Special Damages need not be alleged or

demonstrated insofar as Azeems a) false utterances and b) false statements of supposed fact

about Mr Murphy to her co-workers injured Mr Murphy in his trade business or profession

Hence under well-established New York precedent damages are presumed and the pleading and

proof of special harm is unnecessary

(ii) that tend to injure another in his or her trade business or profession (iii) that plaintiff has a loathsome disease or (iv) imputing unchastity to a woman)

64

PRAYER FOR RELIEF

44 Claimant demands judgment against the Respondent as follows

A Slander Per Se damages - i e damages that are separate and apart from the damages that Mr Murphy is seeking in the MurphyCitigroup Action44

B Unspecified Punitive damages and

C The reimbursement of all FINRA fees that Mr Murphy shall incur in connection with the prosecution of this matter

44 As noted above in the MurphyCitigroup Action Mr Murphy is seeking as follows against Citigroup a) Ouantum MeruitUnjust Enrichment damages of $260000000 representing i) the amount by which Citigroup was enriched unjustly in Calendar Year 2014 by Mr Murphys efforts and ii) the amount oflncentive Compensation to which Mr Murphy was (and is) entitled for Calendar Year 2014 - the exact amount to be proven at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon b) damages of $40000000 emanating from Citigroups improper and illegal Cancellation Confiscation and Conversion ofdeferred cash awards provided to Mr Murphy as part of his Incentive Compensation for Calendar Year 2013 with Statutory Interest thereon c) Libel Per Se damages in an amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon d) Tortious Interference with Prospective Business Relations damages in an amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon e) an Expungement of the false defamatory language contained on Mr Murphys U-5 f) Unspecified damages emanating from Citigroups myriad of labor law violations - the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon g) Severance in connection with Mr Murphys Wrongful Termination - the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon h) Punitiverrreble damages of at a minimum $900000000 resulting from Citigroups deplorable misconduct - the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action and i) the reimbursement of all FINRA fees that the Claimant shall incur in connection with the prosecution of the MurphyCitigroup Action

65

PRAYER FOR RELIEF

44 Claimant demands judgment against the Respondent as follows

A Slander Per Se damages - i e damages that are separate and apart from the damages that Mr Murphy is seeking in the MurphyCitigroup Action44

B Unspecified Punitive damages and

C The reimbursement of all FINRA fees that Mr Murphy shall incur in connection with the prosecution of this matter

44 As noted above in the MurphyCitigroup Action Mr Murphy is seeking as follows against Citigroup a) Ouantum MeruitUnjust Enrichment damages of $260000000 representing i) the amount by which Citigroup was enriched unjustly in Calendar Year 2014 by Mr Murphys efforts and ii) the amount oflncentive Compensation to which Mr Murphy was (and is) entitled for Calendar Year 2014 - the exact amount to be proven at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon b) damages of $40000000 emanating from Citigroups improper and illegal Cancellation Confiscation and Conversion ofdeferred cash awards provided to Mr Murphy as part of his Incentive Compensation for Calendar Year 2013 with Statutory Interest thereon c) Libel Per Se damages in an amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon d) Tortious Interference with Prospective Business Relations damages in an amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon e) an Expungement of the false defamatory language contained on Mr Murphys U-5 f) Unspecified damages emanating from Citigroups myriad of labor law violations - the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon g) Severance in connection with Mr Murphys Wrongful Termination - the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action with Statutory Interest thereon h) Punitiverrreble damages of at a minimum $900000000 resulting from Citigroups deplorable misconduct - the exact amount to be ascertained at the evidentiary hearings in the MurphyCitigroup Action and i) the reimbursement of all FINRA fees that the Claimant shall incur in connection with the prosecution of the MurphyCitigroup Action

65

Dated October 7 2015 New York New York

SINGER DEUTSCH LLP

B~SiESqMichael C Deutsch Esq

Attorneys for Claimant

555 Fifth Avenue 17th Floor New York New York 10017 2126824224

190 1 Avenue of the Stars 2nd Floor Los Angeles California 90067 3104611390

580 California Street 12th Floor San Francisco California 94104 4155682222

66