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Enron Mail |
Personal and Confidential
Privileged Solicitor and Client Communication As many of you know, I met with Chris Calger yesterday in Portland. I will be preparing a memorandum of my conversation with Chris which I will ask him to review for distribution. In summary, Chris was frank and open, and in my view, expressed genuine corporate concern with the investigation. I believe that my notes will indicate that Chris did not have direct contact with PowerX in connection with any particular trade during the period being investigated by the government. Although, in my view, Chris had general knowledge of Enron*s approach taken in connection with bidding power into the pool, he did not see himself as spearheading or orchestrating that process. I hope to prepare my memo today for review by Chris later in the day. PowerX has retained the law firm of Lawson Lundell in Vancouver to represent their interest. The lawyer is Chris Sanderson who is a senior member of the B.C. and Alberta Bars. His practice focuses on regulatory law and civil litigation, particularly in the energy industry. I spoke to Chris Sanderson today to introduce myself and to give him a very general background on the investigation conducted at the Calgary office. He reported that a similar investigation had taken place in the PowerX office in Vancouver. Their investigation started at the same time as ours and ended on Thursday of last week. Chris Sanderson did confirm that there are tapes of conversations with Enron involving these various trades. As a result, I suspect that these tapes ought to contain the same dialogue that is contained on our tapes. I did not get into any discussion as to the information that may be contained on the tapes and exactly what information had been seized by the government. I did get the impression, however, that the government has taken possession of tapes from PowerX. He indicated that in his preliminary view the documents themselves are not the concern but the tapes are. Again, I did not discuss any particular matter with respect to the tapes only that Enron did keep taped conversations of trades undertaken by its traders. I think it would be worthwhile, and he agreed, if Glenn Leslie and I, and perhaps Web, met with Chris at the appropriate time. He is open to entertain a dialogue between counsel subject of course to matters of privilege and commonality of interest. He indicated that he wants to take approximately two weeks to review the evidence obtained by the investigators (he has not done so yet and preferred having a firm knowledge of the information seized by the government before talking to us) and thereafter, initiate a dialogue with us to see what information might be worth sharing. I will have Glenn Leslie give him a call to try to set a date when we might meet with him. We might want to discuss briefly during our telephone conference on Friday our approach to meeting with Lawson Lundell and what would be our ultimate objectives in doing so. Yesterday, I talked to Cliff O*Brien, the counsel retained for John Lavorato, and tried to give him a very brief overview of the issues. Unfortunately, I was at the Portland airport when I did talk to him and had to keep my conversation somewhat cryptic. Cliff did meet with John Lavorato for approximately two hours last night. Cliff called me this morning and would like to meet with me. I will meet him at 4:00 today. Cliff indicated that the matter was more complex than he had imagined and expressed a view that in John*s opinion these were simple trades and nothing else. I will report to you further on this after I have had a chance to meet with Cliff O*Brien. If any of you have any questions, please don*t hesitate to call. In any event, we will be talking at our regularly scheduled conference call Friday at 10:30 (central time). Regards, Dan
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