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June 3, 2010 Via Email and Mail Phil Angelides Clza i rmn 11 Hon. Bill Thoma Mr. Eric Dinallo c/o Mr. John Kenny 70 West 40th Street, 4th Floor New York, NY, 10018-2627 jkenny@ericdinallo.com Re: Treatment of Eric Dinallo's Non-Public Information Vice Clwirmn11 Dear Mr. Dinallo: Brooksley Born Commissioner Byron 5. Georgiou Commissioner Senator Bob Graham Commissioner Keith Hennessey Commissioner 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 Eric Dinallo ("Mr. Dinallo") by the Commission and its staff. When Mr. Dinallo provides information to the Commission he should indicate what is truly "non-public" to allow the Commission to track Mr. Dinallo'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 of this letter. Any non-public information that is obtained from Mr. Dinallo (please note that it is likely that some of the information we receive from Mr. Dinallo 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 Wendy Edelberg Executive Director 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. Dinallo 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 202.292.2799 • 202.632.1604 Fax •<J. * Mr. Dinallo June 3, 2010 Page 2 of2 Prior to any release of non-public information under the above paragraph, the Commission will give written notice to Mr. Dinallo, and allow Mr. Dinallo to consult with the Commission before the Commission uses any of the Mr. Dinallo'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. Dinallo 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. Dinallo'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 of Mr. Dinallo's 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 your continued cooperation. Financial Crisis Inquiry Commission Cc: Wendy Edelberg, Executive Director Chris Seefer, Assistant Director and Deputy General Counsel Dixie Noonan, Senior Counsel 4828-8758· 8101, v. 1