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NIXON PEABODYtLP
401 9th Street N.W.
Suite 900
Washington, DC 20004-2128
(202) 585-8000
Fax: (202) 585-8080
Direct Dial: (202)
585~8255
E-Mail: kkramer@nixonpeabody.com
November 22, 2010
VIA ELECTRONIC MAIL
Mr. Gary Cohen
Financial Crisis Inquiry Commission
1717 Pennsylvania Ave., NW
Suite 800
Washington, D.C. 20006
Re:
Letter Regarding FCIC Report
Dear Mr. Cohen:
We write on behalf of our client, Emico Dallavecchia, in response to your letter of
November 10,2010. In that letter, you advised that the Financial Crisis Inquiry Commission
("FCIC") planned to reference or quote Mr. Dallavecchia's interview in its forthcoming report
and that the FCIC might post a transcript or summary of the interview to the Internet as part of
its oral history project.
As a preliminary matter, we thank you for the courtesy of advising us about your
intentions. We write, however, to express our concerns about ensuring that whatever record is
created is as accurate as possible. As you may know, Mr. Dallavecchia's interview was neither
recorded nor transcribed, but rather was memorialized only through written or computerized
notes. The FCIC did not share those notes with us (either contemporaneous with the interview or
thereafter), so we do not know whether the notes accurately reflect Mr. Dallavecchia's
comments. This is not meant as a criticism of the staff; rather, we note our concern because
misunderstandings can often occur, particularly in the context of an inquiry as sweeping and
difficult as that which has been undertaken by the FCIC.
In any event, in the interest of accuracy, we respectfully request the opportunity to review
in advance any portion of your report that cites to, summarizes, or purports to quote Mr.
Dallavecchia. Similarly, if you intend to publish a summary of the interview with Mr.
Dallavecchia on the Internet or elsewhere, we request an opportunity to review and, if necessary,
correct it before it is publicly released.
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Mr. Gary Cohen
November 22,2010
Page 2
We appreciate that the FCIC is operating under a statutory deadline and we have no wish
to delay its report. We believe, however, the approach outlined above is appropriate given our
common goal of ensnring that the FCIC's report is as accurate as possible. Please do not hesitate
to contact us should you have any questions. We are available at your convenience to discuss
this matter or to review whatever materials you intended to release.
Best regards,
Kelly
cc:
Kramer
Jeffrey Kilduff
Cassidy Waskowicz
Sarah Zuckerman
Sarah Knaus
1324804Ll
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