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August 25, 2010
Via Email & Mail
Phil Angelide
Clwirmmr
Hon. Bill Thoma
Vice Clra irma 11
Wendy Ruberti
General Counsel
Claren Road Asset Management
900 Third Avenue, 291h Floor
New York, NY 10022
Treatment of Ms. Roberti, Mr. Marino, and Mr.
Re:
Fahey's Interview
Dear Ms. Ruberti:
Brooksley Born
Commissioner
On behalf of the Financial Crisis Inquiry Commission ("the Commission"), I write
to memorialize our understanding with respect to the treatment of the interview by
the Commission of you and your associates Mr. Marino and Mr. Fahey.
Byron 5. Georgiou
Commissioner
Senator Bob Graham
Commissioner
Keith Hennessey
Commissioner
Douglas Holtz-Eakin
Commissioner
Heather H. Murren, CFA
Commissioner
John W. Thompson
Commissioner
Peter J. Wallison
Com missioner
As you know, your interview was recorded and the audiotape will become part of
the Commissions permanent records. We do not have any immediate plans to
make it public in the near future. However, 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 all or portions of the audiotape
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.
Prior to any such release under the above paragraph, the Commission will give
written notice to you and your associates, and allow you to consult with the
Commission before the Commission uses any of the audiotape 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 audiotape, 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, the audiotape and all information obtained from or relating to you and
your associates will be transmitted to the National Archives and Records
Administration (NARA) following the completion of the Commission's work. If
you have a legal basis to believe that the Commission is not required by law to
provide this material to NARA, please let us know.
1717 Pennsylvania Avenue, NW, Suite 800 • Washington, DC 20006-4614
Wendy Edelberg
Executive Director
202.292.2799 • 202.632.1604 Fax
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.
Very truly yours,
Financial Crisis Inquiry Commission
Cc: Wendy Edelberg
Executive Director
Chris Seefer
Assistant Director and Deputy General Counsel
@FedFRASER