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June 10,2010
Via Email & Mail
Phil Angelides
Chairmmz
Hon. Bill Thomas
Mr. Andrew Forster
c/o Mr. David M. Brodsky
Latham & Watkins LLP
885 Third A venue
New York, NY 10022
Re:
Treatment of Andrew Forster Non-Public Information
Vice Chairman
Dear Mr. Forster:
Brooksley Born
Commissioner
Byron S. Georgiou
Commissioner
Senator Bob Graham
Commissio11er
Keith Hennessey
Commissio11er
Douglas Holtz-Eakin
Commissioner
Heather H. Murren, CFA
On behalf of the Financial Crisis Inquiry Commission ("the Commission"), I write
to memorialize our understanding with respect to the treatment of the interview of
Andrew Forster ("Mr. Forster") by the Commission and its staff.
When Mr. Forster provides information to the Commission please indicate what is
truly "non-public" to allow the Commission to track Mr. Forster's submissions
appropriately. Please avoid categorizing everything as non-public, as to do so
will make the Commission's work more difficult and may lead to inadvertent
public disclosure outside of the terms ofthis letter.
Any non-public information that is obtained from Mr. Forster (please note that it
is likely that some of the information we receive from Mr. Forster we may also
receive from other sources without restriction) will be used only by employees
and agents of the Commission who have a need to know and use the information
in the performance of their official work duties in a manner consistent with its
non-public status and applicable law. All persons with whom non-public
information is shared will be advised of and, as condition of receiving non-public
information, will agree to comply with the understanding in this letter.
Commissioner
John W. Thompson
Commissioner
Peter J. Wallison
Commissioner
In accordance with its statutory mandate and its duty to the American public, the
Commission, if it determines it is in the public interest, may release to the public
non-public information obtained from Mr. Forster as part of any interim or final
report to the President and Congress, or in connection with any public hearings, if
the Commission determines to do so by a majority vote, or by the decision of the
Chairman and Vice Chairman acting together on behalf of the Commission.
1717 Pennsylvania Avenue, NW, Suite 800 • Washington, DC 20006-4614
Wendy Edelberg
Executive Director
202.292.2799 • 202.632.1604 Fax
Prior to any release of non-public information under the above paragraph, the Commission will
give written notice to Mr. Forster, and allow Mr. Forster to consult with the Commission before
the Commission uses any of the Mr. Forster's non-public information in any interim or final
report to the President and Congress, or in any public hearing.
Nothing as described in this letter will prevent the Commission or its staff from complying with
a request or demand from a duly authorized Committee of the United States Congress with
authority to require and receive the non-public information, or a legally valid and enforceable
subpoena or order by a court of competent jurisdiction for the non-public information or
testimony related thereto.
Finally, all information obtained from Mr. Forster will be transmitted to the National Archives
and Records Administration (NARA) following the completion of the Commission's work. To
the extent permitted by law, the Commission will request that NARA not release to the public
Mr. Forster's non-public information for an appropriate length oftime. If you have a legal basis
to believe that the Commission is not required by law to provide certain Mr. Forster information
to NARA, please let us know.
If you have any questions or concerns, please do not hesitate to contact me at 202-292-1339 or
GCohen@fcic.gov.
Thank you very much for Mr. Forster's continued cooperation.
Very truly yours,
Financial Crisis Inquiry Commission
Cc: Wendy Edelberg
Executive Director
Dixie Noonan
Senior Counsel
@FedFRASER