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Enron Mail |
Richard and Bill,
The following clean up needs to be done before we finalize our pre-trial materials due 7/3/01: 1. Interview Enron employees Paul Pizzolato, Chris Helfrich, and Jim Easter to ascertain (a) whether they have sufficient memory of the NSM transaction that we should add them to our witness list to strengthen our testimony about the quality and quantity of Enron's due diligence and (b) whether they have any documents or computer files that should have been produced earlier in response to the basic document requests in the case. (This is not an entirely defensive exercise; Pizzolato or Helfrich might have computer models that would strengthen our case.) 2. Go back to Ray Bowen and find out if he/ECM has documents relating to NSM. We asked him before, but he never responded. Jim Easter might know the answer to this question, if he is still in ECM 3. Talk to Chris Hunt to ascertain whether he or someone else in his (former?) group should be added to our witness list to discuss due diligence carried out by Enron International. 4. Figure out how we can prove with admissible evidence the precise amounts of all of Enron's investments in NSM and the identity of the particular Enron entity making each of those investments. I have pieced most of the necessary facts together from McDonald documents and a privileged Akin Gump memo. This will not do at trial, unless everyone stipulates to the facts, which I would not count on. I know it sounds simple, but we need a witness on this point and records to back him/her up. 5. Consider whether we need to include someone from Bear Stearns, ECT Securities' clearing firm, on our witness list. We have to prove that ECT Securities did not purchase or sell any NSM securities. Donna Lowry (or possibly Kevin) may be able to flat out testify to this, but it would be a lot better to back her/him up with account records. Donna has recently obtained the necessary records from Bear Stearns; but, unless everyone will stipulate to admissibility of these records, I am not sure that Donna alone can get them in. We may need a Bear Stearns person. Maybe we could just list such a person generically on our witness until we see if the parties will stipulate. Bill, a number of these matters may still be open when I leave in a week, so you will have to follow up (unless the 7/3 deadline gets extended on 6/21). Jonathan Goldblatt can help. Typically, Richard likes to talk with any present or former Enron employee before we do. Steve ................................................ ALSCHULER GROSSMAN STEIN & KAHAN LLP ATTORNEYS AT LAW www.agsk.com 2049 Century Park East Thirty-Ninth Floor Los Angeles, CA 90067-3213 Tel 310-277-1226 Fax 310-552-6077 This transmission is intended only for the use of the addressee and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately via e-mail at postmaster@agsk.com or by telephone at 310-277-1226. Thank you. ...............................................
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