IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) v. ) Case No. 1:96cv01285(JR) ) KEN SALAZAR, Secretary of the Interior, ) et al., ) ) Defendants. ) __________________________________________) NOTICE OF FILING OF THE FORTY-FIRST QUARTERLY REPORT FOR THE DEPARTMENT OF THE TREASURY The Department of the Treasury has prepared its Forty-first Quarterly Report on Actions Taken By the Department of the Treasury to Retain IIM-Related Documents Necessary For an Accounting and submits it to the Court in accordance with this Court’s Order of December 21, 1999. A copy of the report is attached hereto. Dated: March 1, 2010 Respectfully submitted, TONY WEST Assistant Attorney General MICHAEL F. HERTZ Deputy Assistant Attorney General J. CHRISTOPHER KOHN Director /s/ John J. Siemietkowski ROBERT E. KIRSCHMAN, JR. Deputy Director (D.C. Bar No. 406635) JOHN J. SIEMIETKOWSKI Trial Attorney Commercial Litigation Branch Civil Division P.O. Box 875, Ben Franklin Station Washington, D.C. 20044-0875 Telephone: (202) 514-3368 CERTIFICATE OF SERVICE I hereby certify that, on March 1, 2010 the foregoing Notice of Filing of the Forty-First Quarterly Report for the Department of the Treasury was served by Electronic Case Filing, and on the following who is not registered for Electronic Case Filing, by facsimile: Earl Old Person (Pro se) Blackfeet Tribe P.O. Box 850 Browning, MT 59417 Fax (406) 338-7530 /s/ Kevin P. Kingston Kevin P. Kingston DEPARTMENT OF THE TREASURY • BUREAU OF THE PUBLIC DEBT WASHINGTON, DC 20239-0001 February 26, 2010 MEMORANDUM FOR: TONY WEST ASSISTANT ATTORNEY GENERAL CIVIL DIVISION U.S. DEPARTMENT OF JUSTICE FROM: PAUL G. WOLFTEICH q..-d, /' /~~,; CHIEF COUNSEL ~ . ,e.-,/~7 --, BUREAU OF THE PUBLIC DEBT DEPARTMENT OF THE TREASURY SUBJECT: FORTY-FIRST QUARTERLY REPORT COBELL v. SALAZAR Included with this cover memorandum is the "Forty-First Quarterly Report on Actions Taken by the Department of the Treasury to Retain 11M-Related Documents Necessary for an Accounting" (the Report). The Report has been prepared by the Department ofthe Treasury pursuant to the Court Order and Opinion in Cabell v. Bobbill (D.D.C. CV No. 96-1285), filed December 21,1999. The Report includes information concerning the Financial Management Service ("FMS"), the Bureau ofthe Public Debt ("BPD"), and certain Departmental Offices ("DO"). The Report was prepared based on infonnation provided by a nwnber of program offices from the above-described organizations. The preparation of the Report included circulation ofdrafts ofthe Report to program offices that are responsible for the actions described in the Report. Senior officials at FMS and BPD reviewed the Report before it was submitted to the Department of Justice. The Department ofthe Treasury stands ready to respond to any questions or concerns the Court may have after reviewing the Report. www,publicdcbt.lrcas.gov FORTY-FIRST QUARTERLY REPORT ON ACTIONS TAKEN BY THE DEPARTMENT OF THE TREASURY TO RETAIN IIM-RELATED DOCUMENTS NECESSARY FOR AN ACCOUNTING Cobell v. Salazar March 1, 2010 This is the Forty-First Quarterly Report filed by the Department of the Treasury (Treasury) pursuant to the Court’s December 21, 1999 Order (Order) in the above-captioned case. It covers activities occurring over a three-month period from December 1, 2009 through February 28, 2010. The Order requires Treasury to report on the steps it has taken since the last quarterly report to preserve IIM-related documents. Treasury continues to preserve IIM-related documentation pursuant to the Court’s August 12, 1999 Order, which defines the trust records that Treasury must retain. In December 2009, in light of the announcement of the proposed settlement in the Cobell case, Treasury issued letters restating and confirming the continued retention of required records. In addition, during the past quarter, Treasury again issued reminders regarding retention obligations. The reminders Treasury issued in December and again in February include letters reminding banks (see Attachments A and B), the Secret Service (see Attachment C), the National Archives and Records Administration (NARA) (see Attachments D and E), and employees of the Financial Management Service (FMS) and the Bureau of the Public Debt (BPD) (see Attachments F and G) to continue preserving records related to this litigation. Retention instructions to pertinent Departmental Office (DO) employees were issued and continue to be posted on DO’s intranet site (see Attachment H). Additionally, FMS posted for its employees a short video presentation clarifying the proposed settlement in Cobell and restating the continued retention of required records. Finally, during the past quarter, the Records and Information Management Branch at FMS provided training to FMS employees on records management and retention requirements through a half-day seminar and through three briefings to new employees during Entrance on Duty sessions. INDEX TO ATTACHMENTS The Department of the Treasury’s Forty-First Quarterly Report Attachment A. February 25, 2010, letters issued by FMS to Mellon Bank and Bank of America, reminding them to continue preserving all records pertinent to two lockbox accounts used to process IIM deposits (the accounts at both banks are now closed). Attachment B. Example of the February 2010 Business Alert Message issued by FMS to all banks that act as Treasury’s financial agents and February 26, 2010, letter issued by FMS to all banks that formerly acted as Treasury’s financial agents, reminding them to continue to retain, indefinitely, fiscal agency records associated with Interior’s deposits to the Treasury General Account. Attachment C. February 25, 2010, letter issued by FMS, reminding the U.S. Secret Service to continue preserving, until further notice, all Treasury checks that FMS forwards for investigation and related information and records. Attachment D. February 23, 2010, letter from BPD to NARA, reminding NARA to continue the “freeze” on BPD records at Federal Records Centers. Attachment E. February 25, 2010, letter from FMS to NARA, reminding NARA to continue the “freeze” on FMS records at Federal Records Centers. Attachment F. Global e-mail memoranda issued December 10, 2009 and February 23, 2010, to all FMS employees, and posted on FMS’ intranet site, reminding employees to continue retaining records related to this litigation indefinitely and to continue utilizing the “Cobell Archive” mailbox to retain all IIM-related e-mail. Attachment G. Global e-mail issued December 16, 2009, to all BPD employees, and posted on BPD’s intranet site, reminding employees to continue preserving IIM-related records indefinitely and sending all IIM-related e-mail to BPD’s dedicated mailbox. Attachment H. Retention instructions to DO employees, posted on DO’s intranet site, including steps for sending e-mail documents to DO’s dedicated “Cobell” mailbox. rebruary 25, ~Ol() Mr. David H. Dunlap, Vic Pr ident ellon Bank II n Client ervi enter 50 Ros tr et. uite 1-4-13 0 Pittsburg, PA 15262-0 01 Re: Mineral anagem nt ervice Lockbox ccount gen . L cali node 14170001. L ckbo umber 91 1-4258 Dear fr. Dunlap: As you kno ,F 1 remains Wlder minuing c urt order in Cob fl. el af. v. alazar. el ai. and ariOll e br ught b Indian trib to pre rv, indefmitcly, all r cords relating to Indlvidual lndian one' II ) and tribal trust fund and set. for tandard Form 21 tandard Form -51 ~ A H Recei ing R mittancelPa m nt Report Demand Der> 'it Ace unt ti it) tatements an forms u ~d to facilitate internal processing. uch as the' II-U K II D~po. il R 'port Form You must retain th record for thi account ALL FORM AND MEDf generated for the ac ount. Till in ludes pap r, lectronic microfilm. microfich . or an. other media. If ou create the am r rd in multiple media you mu t retain th re ord in all m dia. Page 2 -Minerals Management ervice Loc bo ccount PIe e distribute this I tt r t personnel. If you have any contact me at (202) 874-68 incerely. II -'I /. J Micha 1Mackay Director G neral Revenue Collection Division February 25,2010 r. tephen C. Herndon. enior Vice Pre ident Bank of America Fed ral G vernment Bank.ing Oi\Oision 600 Peachtree Street E Atlanta, G "'0308-2214 Re: Bureau ofLndian Affair -Palm pring Lockbo Account (closed 1111/05) gency Location ode 00004844, Lo k ox umber 72758 Dear Ir. Herndon: s you knO\! , F1 remains under cominuing court orders in Cobell, et aZ. vo alazar. el af. and various case brought by Indian tribes to pr serve. indefinitely. all records relating to Individual Indian Mon y IlM) and tribal trust funds and trust as ets. 'otwithstanding the fact that the above-r ferenced 1 ckbox account was do ed effective ovember 1, 200-, please continue to retain all documentation pertaining t the account until further notice. You have confirmed that th,'> account records include: tandard ronn 115 tandard Form -51 Check copie Monthl A count ctivity Reports (M i\.R) Monthly Account ctivit. tatement ( 1 ) tandard Listin Any form u ed to facilitate int mal proce sing, such as the Daily Balance heet Your bank mu t continu to retain the rec rds for this account LL FORM D MEDIA that w re generat d. c rdingl, notwithstanding that your bank began generating ph toe pies of the check as ociated with thi account on October 1,2001, you must continue retaining an duplicate copies on microfilm. unless and until FM obtains court approval for your bank to retain only pre-Oct ber 200 J microfilm copies and post-eptember 2001 photocopies. Page 2 -Bureau of Indian Affairs -Palm Springs Lockbox AccoWlt Please distribute thi letter to appropriate bank personnel, including records management personnel. Ifyou have any questions regarding these retention instructions, plea e contact me at (202) 874-6847. Thank you for your continued cooperation. incer ly, I 'l 1J Michael Mackay. Director General Revenue Collection Division cc: Linda S. Corbett, Senior Vice President, Bank of America This is a reminder to continue preserving records in accordance with FMS’ prior instructions to your financial institution. As stated in our initial letter dated July 9, 1999 and each successive reminder letter, including the most recent Broadcast Administrative Message issued in August 2009, due to ongoing litigation, your financial institution must retain, until further notice: Standard Form 215, Standard Form 5515 and any supporting documentation, IN ALL FORMS AND MEDIA, associated with transactions relating to deposits received from the Department of the Interior for credit to the Treasury's General Account (TGA). This includes paper, electronic, microfilm, microfiche, or any other media. If you have not already done so, please designate a point of contact at your financial institution to disseminate these record retention instructions to appropriate personnel at your organization (including records management personnel). Please ensure that an appropriate dissemination and compliance process is in place to ensure these instructions are being followed at your financial institution. If these retention instructions create a problem for your operations, please send your concerns in writing to the Over-the-Counter Revenue Collection Division at 401 14th Street SW, Room 307C, Washington, DC 20227. If you have any questions, contact the Federal Reserve Bank of St. Louis at 1-866-771-1842 or Ava Singleton on (202) 874-9986. DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE WASHINGTON, D.C. 20227 February 26, 2010 Dear Sir or Madam: This is a reminder to continue preserving records in accordance with FMS' prior instructions to your financial institution. As stated in our initial letter dated July 9, 1999 and each successive reminder letter, including our most recent reminder letter dated August 28,2009, due to ongoing litigation, your financial institution must retain, until further notice: Standard Form 215, Standard Form 5515 and any supporting documentation, IN ALL FORMS AND MEDIA, associated with transactions relating to deposits received from the Department of the Interior for credit to the Treasury's General Account (TGA). This includes any such records formerly maintained by the financial institutions, now in your possession, custody or control. This includes paper, electronic, microfilm, microfiche, or any other media. If you have not already done so, please designate a point of contact at your fmancial institution to disseminate these record retention instructions to appropriate personnel at your organization, including records management personnel. Please ensure that an appropriate dissemination and compliance process is in place to ensure these instructions are being followed at your financial institution. If these retention instructions create a problem for your operations, please send your concerns in writing to the Over-the-Counter Revenue Collection Division (OTCD) at 401 14th Street SW, Room 307C, Washington, DC 20227, as soon as possible. Thank you for your continuing cooperation in this matter. If you have any questions, the first point of contact is the Federal Reserve Bank of St. Louis at 1-866-771-1842. Should you have further questions, feel free to contact Ava Singleton on (202) 874-9986. Sincerely, \G&u-Lv-0 ~~ -{~Y t' r..~ \C\\ I -0-V Z:~ ~\.C:.D1 cvf:.~ lfl'-'V0:~j Corvelli ~. McDaniel, Director ­Over-the-Counter Revenue Collection Division (OTCD) AlC Federal Finance DEPARTMENT OF THE TREASURY FINANCIAL MA AGEMENT SERViCE HYATTSVILLE. MD 20782 EB 2\) 20 0 1ichael tcnger Assistant Dir ctor. ffice of In e. ti ation ret ervice 950 II Str t, .\. Washington, D. . 20223 Re: Document Retention R quirements Dear Mr. , tenger: This letter i to erve as a reminder that Treasury remain subject to continuing court orders in Cabell, el al. v. alazar, el al. and various ca e brought by Indian tribe to retain, indefInitely" very docwnent.ld tumJdata) or tangible thing ... containing information that i reI ant to or i r . nabl caJculat d t lead t discovery of admis iblc evidence r levant to, the ubj ct matter in 01 ed in pending litigation. Copie of thcs order and Treasury' ipulation in the Cobell case ere pro ided to ecret ervice. PI c let me know if ou n ed additi nal copie ofth e d umen . If ou have any question cone rning the retenti n orders pIc contact Rebecca altiel in th FM Chief oun el's office, at (202) 874-6877 or me at (202) 874-7 13. Thank you for your continued cooperation and assistance. incerel , ~t~tor Check Re olution Division Page 2 -Document Retention Requirements cc: Thomas Dougherty, Office ofChiefCounsel, U.S. Secret Service-Fax (202) 406-6544 Phone (202) 406-5871 DEPARTMENT OF THE TREASURY BUREAU OF THE PUBLIC DEBT. PARKERSBURG, WV 26106-5312 Februarv23. 2010 National Archives and Records Administration Life Cycle Management Division Attention: Stephen Cooper 8601 Adelphi Road College Park, MD 20740-6601 Re: Suspending Destruction Dear Mr. Cooper: As you are aware, the Bureau of the Public Debt (BPD), Department of the Treasury, has been under court order since August 1999 to preserve all documents relating to the pending litigation, Cobell v. Salazar, et al., which challenges the government's management of the Individual Indian Monies (jIM). The purpose of this letter is to remind you that BPD remains under court order to preserve records indefinitely for purposes of the Cobell litigation. Therefore, we request that the Federal Records Centers continue to implement the freeze on all records from BPD Record Groups 53 and 82 and preserve all such records until further notice. Thank you for your cooperation in this matter. Sincerely, Vicki Thorpe, Manager, Administrative Support Branch Records Officer DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE HYATTSVILLE, MD 20782 FEB 2 5 2010 Thomas E Mills Assistant Archivist for Regional Records Services National Archives and Records Administration Office of Regional Records Services 8601 Adelphi Road, Suite 3600 College Park, MD 20740 Dear Mr. Mills: The purpose of this letter is to remind you that Financial Management Service (FMS), a bureau of the U.S. Department of the Treasury, remains under court order to preserve records indefinitely for purposes of the Cobell, et al. v. Salazar, et al. litigation. Therefore, we request that the Federal Records Centers continue to implement the freeze on all records from FMS Record Groups 39, 50 and 425 and preserve all such records until further notice. If you have any questions, you may contact Gino Ables at (202) 874-6281 Thank you for your cooperation in this matter. rely, haron M. King, Director Administrative Programs Division · Financial Management Service memorandum Date: December 10, 2009 To: All FMS Employees From: David~.~ ~L;(Comml~ / Subject: IMPORTANT OTICE Concerning Document Retention Obligations in Indian Trust Litigation As many of you may have heard, an announcement was made earlier this week that the parties in the Cobeillitigation have agreed to a settlement, contingent on new legislation and court approval. This has raised questions regarding the impact of a settlement on FMS's ongoing document retention obligations. This memorandum confirms that all document retention obligations regarding Indian Trust Litigation remain in effect and unchanged. All FMS employees are again reminded that FMS remains subject to continuing court orders and Treasury directives requiring us to retain and safeguard all documents, data and tangible things that relate to Individual Indian Money (lIM) and Tribal Trust funds and assets, indefinitely. Our document retention obligations have not changed at this time, despite the expected settlement of the Cobeillitigation, for three reasons: 1. The Cobell case has not yet settled. The proposed settlement has been agreed to by the parties, but requires legislation by Congress and approval by the court before taking effect. Until such approval occurs, the Cobell document retention orders remain fully in place. 2. The proposed Cobell settlement allows individual Indians to opt out of the settlement agreement and bring their own lawsuit. Therefore, we are required to continue to retain documentation relating to Indian trust information because we can reasonably anticipate the filing of at least some of these individual lawsuits. 3. The Cobell settlement does not in any way affect the status of the various Tribal Trust lawsuits that remain ongoing at this time. Cobell involves individual Indians, not Tribes. umerous Tribal Trust lawsuits have document retention orders that remain in effect. The settlement of the Cobell litigation will not change the ongoing retention requirements of these Tribal Trust orders. Service: Our Last Name But Our First Priority Page 2 – IMPORTANT NOTICE Concerning Document Retention Obligations in Indian Trust Litigation I appreciate your continued compliance with the Tribal Trust and Cobell retention orders. Please take a moment to review my earlier memorandum dated August 25, 2009, found at http://intranet.fms.treas.gov/counsel.nsf/pages/cobell_mm7_1.html, which describes the requirements to which FMS is subject. Our retention requirements have not changed since that memo was issued. Also, additional information regarding our retention obligations due to the Indian Trust Litigation can be found on the FMS intranet home page, under “Hot Topics,” by clicking on “Cobell/Tribal Litigation.” If you have any questions or need assistance regarding the Indian Trust Litigation retention requirements, please contact Tom Kearns or Matthew Fineout in the Office of the Chief Counsel. Tom can be reached at 202-874-7036 and Matthew can be reached at 202-874-6813. Thank you for your attention to this important matter. Financial Management Service memorandum Date: February 23, 2010 To: All FMS Employees From: g~~t.~~( Subject: Cobell and Tribal Litigation -FMS Retention Requirements All FMS employees are again reminded that FMS remains subject to continuing court orders and Treasury directives, requiring us to retain and safeguard all documents, data and tangible things that relate to Individual Indian Money (lIM) and Tribal trust funds and assets, indefinitely. To ensure that we remain in compliance with all court orders and directives, please continue to adhere to the following FMS requirements: Do not destroy any documents, data or tangible things unless you received written approval from the Chief Counsel. This rule applies to all documents, data and tangible things, whether litigation-related or not. Prepare a disposition request, following the instructions contained in the Chief Counsel's March 7, 2000 memorandum entitled "Process for Obtaining Disposition Approval" (posted on the FMS intranet on the "Cobell/Tribal Litigation" page). The only exception to this rule is for "obvious non-record materials," as described in the attached "Quick Reference Guide." Continue copying or forwarding all Cobell-related and Tribal-related e-mail and other electronic documents to their respective dedicated mailboxes ("Cobell Archive@frns" for IIM-related e-mail/electronic documents and "Tribal Mailbox@frns" for Tribal-related e-mail/electronicdocuments).Toinsert a mailbox address on an e-mail, simply type "Cobell" or "Tribal" and press the "Enter" key. You may delete your copy of any e-mail or other electronic document sent to these mailboxes. Promptly forward any voicemail messages that relate to any tribe to FMS' dedicated "Tribal" voicemail repository. Following are step-by-step instructions for forwarding voicemail messages to the repository: Press "1" after (or while listening to) a new or saved message; Then press "2" to forward with comment; Voice a comment to include (1) the tribe's name when applicable, e.g., "Message FMS -Quality People -Quality Service Page 2 -Cabell and Tribal Litigation -FMS Retention Requirements for Tribal mailbox-Crow tribe," (2) the identity of the caller, (3) the time and date of the message, (4) the duration of the message, and (5) the caller's extension, and press #; Enter extension 91313, and press #; After the prompts, press #, and then press # again to send (forward). Do not archive (move) data from any FMS electronic production systems that contain litigation-related data, except pursuant to a written records preservation proposal that has been approved by the Commissioner's Office. Please refer to the Deputy Commissioner's March 24, 2000 memorandum entitled "Maintenance ofData on FMS Systems" (posted on the FMS intranet on the "Cobell/Tribal Litigation" page) for more information about this requirement. Do not attempt to give guidance on record retention matters to Federal Reserve Bank or financial institutions personnel. Please refer all such questions to Rebecca Saltiel at (202) 874-6648. I appreciate your continued compliance with these instructions and encourage you to review the pertinent memoranda posted on the FMS intranet. To locate the memoranda, visit the FMS intranet at http://intranet.fms.treas.gov and click on "Cobell/Tribal Litigation" under "Hot Topics." If you have questions or need assistance regarding any of these retention requirements, please do not hesitate to contact Rebecca Saltiel at (202) 874-6648 or Matthew Fineout at (202) 874-6813. Thank you. Attachment “A Quick Reference Guide” REMEMBER: PRESERVE ALL INTERIOR/INDIAN-TRUST-RELATED MATERIAL!! OBVIOUS NONRECORD MATERIALS These may be destroyed without the approval of the Chief Counsel CATEGORIES EXAMPLES 1. Non­Treasury/FMS Material • Office supply catalogs • vendor marketing materials • non-FMS publications/manuals, such as phone books, Federal Register, dictionaries, “Lotus Notes for Dummies,” etc. 2. Treasury/FMS Distribution/ Reference Material • attendee’s copy of handouts received at meetings, training, etc. • employee’s copy of work-related organization charts, phone lists, Treasury Correspondence Manual, etc. • employee’s copy of FMS publications, such as “Fiscal Scene” • excess stocks of FMS marketing materials, such as Direct Deposit brochures • notices received re: IT security, scheduling of meetings & van rides, training, “acting” managers, voting leave, etc. 3. Personal Papers • notices received re: retirements, deaths, TSP, CFC, PTI, Flex Account, etc. • employee’s copy of T&A, payroll, personnel, etc. records (except travel records/receipts) • printouts of non-Federal Web pages that were not used for FMS business • non-FMS-related calendars/reminders • recipes, poems, cartoons, etc. 4. Other • printer banner pages and printer failure reports • interim drafts created but never circulated to anyone • duplicates of any of the examples in these four categories. DEPARTMENT OF THE TREASURY BUREAU OF THE PUBLIC DEBT WASHINGTON, DC 20239-0001 Date: December 16, 2009 To: All BPD Employees From: Anita D. Shandor Deputy Commissioner Subject: IMPORTANT NOTICE Concerning Document Retention Obligations in Indian Trust Litigation As many of you may have heard, the parties in the Cobell litigation have agreed to a settlement, contingent on new legislation and court approval. This has raised questions regarding the impact of a settlement on Public Debt’s ongoing document retention obligations. This memorandum confirms that all document retention obligations regarding Indian Trust Litigation remain in effect and unchanged. As such, all Public Debt employees are again reminded that Public Debt remains subject to continuing court orders and Treasury directives requiring us to retain and safeguard all documents, data and tangible things that relate to Individual Indian Money (IIM) and Tribal Trust funds and assets, indefinitely. I appreciate your continued compliance with these instructions and encourage you to occasionally review the pertinent memoranda and e-mails, which are posted on PD Web under the Office of the Chief Counsel’s (OCC) website. Just click on the office link “OCC” and then click on “Cobell v. Salazar” or “Tribal,” which appear in the “Litigation” section. If you have any questions or need assistance regarding the Indian Trust Litigation retention requirements, please contact Paul Wolfteich or Brian Self in the Office of the Chief Counsel. Paul can be reached at 202-504-3705 and Brian can be reached at 202­504-3670. Thank you for your attention to this important matter. DONET ILitigation Obligations and Directives Page I of3 Click on an item to expand: ~< Back to DO-Portal .. What's New .. About Treasury .. BUilding Services .. Computer/Technology .. Contacts/Directories .. Dining Services .. Emergency Info .. Employee Services .. Ethics/Legal .. Executive Secretariat .. Financial/Procurement .. FOIA/Privacy .. Forms/Directives , Health/Safety .. HR Connect .. Human Resources .. Jobs/Training .. library/Information .. News .. Phone Services .. Public Debt Applications .. Printing & Graphics .. Records/Info, Mgmt, .. Reports/Publications .. Security .. Special Events .. Travel/Transportation .. Treasury Learning Management System .. Treasury Web Sites « Back Litigation Obligations and Directives Office of the General Counsel Litigation-Related Document Retention and Search Obligations Below are memoranda explaining the scope of the Department's current legal obllgations to retain certain documents and records that might be subject to litigation discovery. The memoranda below describe obligations to retain documents and electronic information for cases in litigation, or matters where litigation is reasonably expected. These obligations are separate from record retention obligations, which can be obtained from the Records Management Office. These memoranda are protected by the attorney-client privilege and are attorney work product. Several are also law enforcement sensitive. These memoranda are intended only for Treasury employees and should not be shared with anyone else. If you have questions about yOur obligation to preserve documents and information, please contact your Assistant General Counselor Chief Counsel. For comments or updates to this page, contact Barb Bracy in the Office of General Counsel (Enforcement & Intelligence) at Barb.Bracy@do.treas.gov or 622-1997. Document Retention Orders To view or print the PDF content on this page, download the free Adobe® Acrobatifi; Reader@ 4/10/2009. From the Assistant General Counsel. Emergency Economic Stabilization Act; American International Group; AIG; Shariah-compliant; financial and insurance products; Islamic Finance 101 forum; Islamic Finance Project; Harvard Law School; Establishment Clause. 3/27/2009. From the Assistant General Counse!. AIG; American International Group; Troubled Asset Relief Program (TARP); bonuses; compensation; The AIG Financial Products Corp. 2008 Employee Retention Plan; federal assistance; Title vn of the American Recovery and Reinvestment Act of 2009. 11/19/2008. From the General CounseL Notice 2008-83; September 30,2008; temporary administrative position; loss-limitation rules (section 382 of the Internal Revenue Code); Senate Finance Committee. 11/17/2008. From the General Counsel. Lehman Brothers Holdings; bankruptcy. 11/5/2008. From the Deputy General Counsel. 3Com Corp; Bain Capital Partners; Shenzhen Huawei Investment; CFIUS case 07-141. 10/31/2008. From the Deputy General Counsel. National Bank of Commerce; Dugan; Emergency Economic Stabilization Act (EESA); federal regulators; receiver; conservator; financial assistance. 9/11/2008. From the Assistant General Counsel. AI-Haramain Islamic Foundation; OFAC sanctions; Terrorist Surveillance Program; designation; Specially Designated Global Terrorist (SDGT). 8/15/2008. From the General Counsel. Amidax; S.W.I.F.T. SCRL; SWIFT; Walker; Terrorist 212212010 http://home.do.treas.gov/litigations/litigations.asp DONET ILitigation Obligations and Directives Page 2 of3 Finance Tracking Program (TFTP). 4/17/2008. From the Chief Counsel, Foreign Assets Control. Greenbaum; Islamic Republic of Iran; OFAC; WMD; terrorism programs; Iranian Transactions Regulations, Iranian Assets Control Regulations; Peterson. 3/31/2008. From the General Counsel. Bear Stearns Companies; JPMorgan Chase; Federal Reserve Bank of NY; JP Morgan/Bear Stearns Merger, 3/11/2008. From the Acting Legal Counsel, TEOAF. Sueoka; notified parties; certified subclasses. 2/8/2008. From the General Counsel. 9/11; Military Commissions Act of 2006 Concerning the Terrorist Attacks of September 11, 2001. 1/15/2008. From the General CounseL Walker v. S.W.I.F,T. SCRL; SWIFT; Terrorist Finance Tracking Program; classified; Amidax Trading Group. 12/14/2007. From the Assistant General Counsel. AI-Haramain Islamic Foundation (AHIF); Terrorist Surveillance Program; Office of Foreign Assets Control (OFAC); designation. 10/1/2007. From the General Counsel. Abdhir; Office of Foreign Assets Control (OFAC); Specially Designated Global Terrorist (SDGT). 8/7/2007. From the General Counsel. Cobell v, Norton; electronic mail; court orders; search; e-mails; Cobell mailbox; Individual Indian Monies; Department of Interior investments. 8/6/2007. From the General Counsel. Indian Litigation; Native American; Cobell; Jicarilla Apache; Kaw Nation; Navajo Nation; Pawnee; Pueblo of Laguna; Round Valley; Quechan Tribe Fort Yuma; Individual Indian Money accounts; tribal trust lawsuits; trust funds. 6/14/2007. From the Deputy General CounseL Holy Land Foundation; charity; Hamas. 5/24/2007. From the General Counsel. Holy Land Foundation; Zakat; USAlD; Hamas. 5/3/2007. From the General Counsel. White House briefing; Treasury employees; elections; candidates; Waxman; House Committee on Oversight and Government Reform. 4/13/2007. From the General Counsel. White House emails; House Committee on Oversight and Government Reform; White House staff; Republican National Committee (RNC) email accounts; Waxman. 7/25/2005. From the Assistant General Counsel. Hayat; Lodi California Criminal Investigation. 2/11/2005. From the Assistant General Counsel. Moore v. Ridge; U.S. Secret Service; agents; race; employment; discrimination. 1/29/2002, From the General Counsel. Zacarias Moussaoui; 9/11 Terrorist attacks. 8/20/2001. From the Executive Secretary. Flatow; Islamic Republic of Iran; Cobelilitigation; Tobacco litigation; Phillip Morris; Norton; O'Neill; Individual Indian Money trust fund. 7/6/2000. From the General Counsel. Flatow; Islamic Republic of Iran; Cobelliitigation; Tobacco litigation; Phillip Morris. 12/8/1999. From the Deputy General Counsel. Philip Morris; Cabell; tobacco litigations. 11/24/1999. From the Acting Deputy General Counsel, Sueoka; class action; U.S. Customs; ATF; U.S. Secret Service; forfeiture; seized. td 2/22/2010 http://home.do.treas.gov/litigations/litigations.asp DONET ILitigation Obligations and Directives Page 1 of 1 Cli<;k on an item to expand: « Back to DO~Portal .. What's New .. About Treasury .. Building Services .. Computer/Technology .. Contacts/Directories .. Dining Services .. Emergency Info .. Employee Services .. Ethics/Legal .. Executive Secretariat .. Financial/Procurement .. FOIAjPrivacy .. Forms/Directives .. Health/Safety .. HR Connect .. Human Resources .. Jobs/Training .. Library/Information .. News .. Phone Services .. Public Debt Applications .. Printing & Graphics .. Records/Info. tlJgmt. .. Reports/Publications " Security .. Special Events .. Travel/Transportation .. Treasury Learning Management System .. Treasury Web Sites Page Owner Office of the General Counsel Directive From General Counsel To All Document Retention & Search Obligations Departmental Offices Employees Homepage Concerning Cobell Litigation By order of the Court in Cabell v. Norton, Departmental Offices employees must preserve all documents and records, whether in paper, electronic, or other form, that are relevant to any aspect of the government's responsibilities with respect to the individual Indian money trust. Such responsibilities include, but are not limited to, management, administration, collection, disbursement, investment, and accounting of trust funds. To comply with the various court orders to which we are subject in Cabell v. Norton, to make it easier to manage and retrieve electronic mail as needed, and to help ensure that our electronic mail will continue to operate, I am requesting that you do the following things: Step One: Search for Previous E~Maiis You Have Sent or Received Search your e-mail, inCluding "Inbox," "Drafts," "Message Log," and all "Folders" and "Archives," for anything that relates in any way to the Cobell litigation, Individual Indian Monies, or Department of Interior investments on behalf of individual Indians. Forward any e-mails that you find on this subject (including attachments and retaining forwarding history) to "Cabell" or Cobell@do.treas.gov. In an effort to manage electronic mail, we have created this dedicated mailbox for Cabell-related and/or discussions relating to Individual Indian Money account. Step Two: EwMaiis That You Send in the Future Beginning immediately, send a "cc" (not a "bee") of all e-mails (including attachments) that you initiate, that relate in any way to the Cobell litigation, Individual Indian Monies or Department of Interior investments on behalf of individual Indians, to "Cobell." Step Three: E-Mails That You Receive in the Future Also beginning immediately, forward all e-mails that you receive (including attachments and retaining forwarding history) that relate in any way to the Cabell litigation, Individual Indian Monies or Department of Interior investments on behalf of individual Indians, to "Cobell," unless you can tell from the message that the e-mail has already been sent to the "Cobell." If you have questions on this process or the retention of documents, call Paul Wolfteich at 927-9418. If you need help in formulating e-mail searches or forwarding messages, or have questions on the "Cabell" mailbox, contact the HelpDesk at 622-1111. 8/7/2007 Contact Webmaster ! updatr,'(i: 2/22/2010 http://home.do.treas.govIlitigationslcobell_directive.asp