us department of justice court proceedings - 09012006 notice

8/14/2019 US Department of Justice Court Proceedings - 09012006 notice

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA

ELOUISE PEPION COBELL, et aL, ))

Plaintiffs, ))

v. ) Case No. 1:96CV01285

) (Judge Lamberth)DIRK KEMPTHORNE, Secretary of the Interior, )

))

Defendants. )_______________________________________________________________________________________)

NOTICE OF FILING OF THE TWENTY-SEVENTH OUARTERLY REPORTFOR THE DEPARTMENT OF THE TREASURY

The Department of the Treasury has prepared its Twenty-Seventh Quarterly

Report on

Actions Taken By the Department of the Treasury to Retain JIM-Related DocumentsNecessary

For an Accounting and submits it to the Court in accordance with this Court'sOrder of

December21, 1999.

A copy of the report is attached hereto.

Dated: September 1, 2006 Respecffiilly submitted,

PETER D. KEISLERAssistant Attorney GeneralSTUART E. SCHIFFERDeputy Assistant Attorney GeneralJ. CHRISTOPHER KOHNDir ector

/s/ John J. SiemietkowskiROBERT E. KIRSCHMAN, Jr.(D.C. Bar No. 406635)Assistant DirectorJOHN J. SIEMIETKOWSKITrial Attorney

Commercial Litigation BranchCivil DivisionP.O. Box 875Ben Franklin Station


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Washington, D.C. 20044-0875Phone (202) 514-3368Fax(202) 514-9163

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CERTIFICATE OF SERVICE

I hereby certif!y that, on September 1, 2006 the foregoing Notice of Filingof theTwenty-Seventh Quarterly Report for the Department of the Treasury was served byElectronicCase Filing, and on the following who is not registered for Electronic Case

Filing, by facsimile:

Earl Old Person (Pro se)Blackfeet TribeP.O. Box 850Browning, MT 59417Fax (406) 338-7530

/s/ Kevin P. KingstonKevin P. Kingston


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DEPARTMENT OF THE TREASURYBUREAU OF THE PUBLiC DEBTWASNPN4GTON, DC 20Z$9-0001

September 1, 2006

MEMORANDUM FOR: PETER D. KEISLERASSISTANT ATTORNEY GENERALCIVIL DIVISIONU.S. DEPARTMENT OF JUSTICE

FROM: PAUIL G. WOLFTEICFI!CHIEF COUNSEL ,t !BUREAU OF THE PUBI.!IC DEBTDEPARTMENT OF THE TREASURY

SUBJECT: TWENTY-SEVENTH QUARTERLY REPORTCO/JELL v. KEMPTHORNE

included with this cover memorandum is th.e "Twenty-Seventh Quarterly Reporton

Actions Taken by the Department of the Treasury to Retain IIM-RelatedDocuments

Necessary for an Accounting" (the Report). The Report has been prepared bythe

Eepartrnent of the Treasury pursuant to the Court Order and Opinion inCobdll v. Babbilt

(.D.DC. CV No, 96-1285), filed December21, 1999.

The Report includes information concerning the Financial Management Service

("EMS"),the Bureau of the Public Debt ("BPD"), and certain Departmental Offices

("DO"). TheReport was prepared based on information provided by a number of program

offices fromthe above-described organizations. The preparation of thc Report included

circulation ofdrafts of the Report to program offices that are responsible for the actions

described inthc Report. Comments were received from, those offices and incorporated in

the Report.Senior officials of FMS, BPD and DO reviewed the Report before it was

submitted to the

Department of Justice,

The Department of the Treasury stands ready to respond to any questions orconcerns the

Court may have after reviewing the Report.

www.treasurydirect.gov


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TWENTY-SEVENTH QUARTERLY REPORT ON ACTIONS TAKENBY THE DEPARTMENT OF THE TREASURY TO RETAIN

IIM-RELATED DOCUMENTS NECESSARY FOR AN ACCOUNTINGCobell, et at. v. Kempthorne, et at.

September 1, 2006

This is the Department of the Treasury's ("Treasury") Twenty-Seventh

QuarterlyReport, 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 June1,2006 through August31, 2006. The Order requires Treasury to report on the steps ithastaken since the last quarterly report to rectif!y a single breach of its trustresponsibilities,namely the destruction of IIM trust materials after their age exceeded six yearsand sevenmonths. Cobell. et al. v. Babbitt. et al., 91 F.Supp. 2d 1, 50, 59 (D.D.C. 1999).

Treasury continues to preserve IIM-related documentation pursuant to the

Court'sAugust 12, 1999 Order, which defines the trust records that Treasury must retain.Duringthe past quarter, Treasury again issued reminders to ensure the retention ofrequiredrecords. The reminders issued this quarter include letters reminding banks (seeAttachments A and B), Secret Service (see Attachment C), the National Archives andRecords Administration (NARA) (! Attachments D and B), and a contractor (! Attachment F), to continue retaining pertinent records. In addition, employees oftheFinancial Management Service (FMS) and the Bureau of the Public Debt (BPD) wereagain reminded to continue preserving records related to this litigation (!Attachments

G and E)! and retention instructions to pertinent Departmental Office (DO)employeescontinue to be posted on DO's intranet site (see Attachment I).

On June 14, 2006, Federal Reserve Bank (FRB) attorneys representing each FREdistrict participated in a conference call, during which representatives of theFMS ChiefCounsel's Office provided an update on the Indian trust litigation and a reminderthat noFRE fiscal agency records may be destroyed unless approved in writing by Treasury.

During this reporting period, FMS experienced two incidents in which certainof

its records were exposed to water. One occurred as a result of unprecedentedrainfall atthe end of June 2006; the other occurred as a result of a sprinkler system watermainbreak.

The basement of FMS' Hyattsville, Maryland office flooded on June 25, 2006,exposing to water the bottom drawers of a large group of file cabinets containingFMS'working-copy set of microfilm copies of negotiated Treasury checks. This workingcopy


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set was created to be used by FMS' Check Claims Branch personnel to obtain copiesofchecks needed for carrying out business functions without having to accessoriginalnegotiated checks from the Federal Records Centers. The water exposure is believedtohave affected the quality of the check images on at least portions of some of thewater-

exposed microfilm cartridges. FMS is continuing to investigate the extent of anydamage, but it is believed that much of the information on those microfilms isavailablefrom other FMS records.


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On July 14, 2006 and July 17, 2006, NARA informed FMS and BPD,respectively, that boxes from several accessions of their paper records stored attheWashington National Records Center in Suitland, Maryland (WNRC) became wet as theresult of a sprinkler that burst due to a water main break on July 2, 2006.Approximately124 boxes of FMS records were affected by the water leak, some of which contain

typesof records that could include JIM-related records (e.g., Treasury checks and checkclaimsdocuments). Approximately 18 boxes of BPD records were affected, all of whichcontainSavings Bond records. NARA has advised FMS and BPD that it sent all affected boxesto a remediation contractor, to be dried using freeze-drying techniques, and thatit expectsall of the boxes to be returned in good condition to the WNRC, possibly by the endofNovember 2006.

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INDEX TO ATTACHMENTSThe Department of the Treasury 's Twenty-Seventh Quarterly ReportSeptember 1, 2006

Attachment A August 1, 2006 letters mailed by FMS to Mellon Bank and Bank ofAmerica, reminding them to continue preserving all recordspertinent to two lockbox accounts used to process JIM deposits

(the account at Mellon Bank is open; the account at Bank ofAmerica is closed).

Attachment B Examples of August 2, 2006 Business Alert Message sent by FMSto all banks that act as Treasury's financial agents and August

11,2006 letter sent by FMS to all banks that formerly acted asTreasury's financial agents, reminding them to continue to

retain,indefinitely, records associated with Interior's deposits to theTreasury General Account.

Attachment C August 11, 2006 letter issued by FMS, reminding the U.S. Secret

Service to continue preserving, until further notice, allTreasury

checks that FMS forwards for investigation and relatedinformation

and records.

Attachment D August 14, 2006 letter from BPD to NARA, reminding NARA tocontinue the "freeze" on BPD records at Federal Records Centers.

Attachment E August 14, 2006 letter from FMS to NARA, reminding NARA tocontinue the "freeze" on FMS records at Federal Records Centers.

Attachment F August 30, 2006 letter from FMS to Didlake, Inc., reminding

Didlake, Inc. to continue retaining closed check claims caserecords indefinitely.

Attachment G Global e-mail issued August 10, 2006 to all FMS employees, andposted on FMS' intranet site, reminding employees to continueretaining records related to this litigation indefinitely and tocontinue utilizing the "Cobell Archive" mailbox to retain all

JIM-related e-mail.

Attachment H Global e-mail issued August 21, 2006 to all BPD employees, andposted on BPD's intranet site, reminding employees to continuepreserving JIM-related records indefinitely and sending all JIM-

related e-mail to BPD' s dedicated mailbox.

Attachment I Retention instructions issued to DO employees and posted onDO's intranet site, including steps for sending e-mail documents

toDO's dedicated "Cobell" mailbox.


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DEPARTMENT OF THE TREASURY Attachment AFINANCIAL MANAGEMENT SERVICE (1 of 2)

WASHINGTON, D.C. 20227

August 1, 2006

Ms. Elaine Friedman, Vice PresidentMellon BankMellon Client Service CenterSuite 1260Pittsburgh, PA 15259-0001

Re: Minerals Management Service Lockbox AccountAgency Location Code 14170001, Lockhox Number 911-4258

Dear Ms. Friedman:

As you know, FMS remains under a continuing court order in Cohell, et al.v. Norton, et

al. to preserve, indefinitely, all records relating to Individual TndianMoney (JIM) trust

funds and trust assets. Accordingly, please continue to retain alldocumentation

pertaining to the above-referenced lockbox account until further notice.You have

confirmed that the records for this account include:

Standard Form 215Standard Form 5515ACH Receiving Remittance/Payment ReportDemand Deposit Account Activity Statementsany forms used to facilitate internal processing, such as the CASH-

LINK IIDeposit Report Form

You must retain the records for this account iN ALL FORMS AND MEDIAgenerated

for the account. This includes paper, electronic, microfilm, microfiche, orany other

media.! If you create the same record in multiple media, you must retainthe record in all

media.

Please distribute this letter to appropriate bank personnel, includingrecords management

personnel. If you have any questions regarding these retentioninstructions, please

contact me at (202) 874-6847. Thank you for your continued cooperation.

Sincerely,

Sheryi R. Morrow, DirectorGeneral Revenue Collection Division


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Attachment A

DEPARTMENT OF THE TREASURY (2 of 2)FINANCIAL MANAGEMENT SERVICE

WASHINGTON. DC. 20Z27

August 1, 2006

Mr. Stephen C. 1-IemdonSenior Vice PresidentBank of AmericaFederal Government Banking Division600 Peachtrcc Street, NEAtlanta, GA 30308-2214

Re: Bureau of Indian Affairs - Palm Springs Lockbox Account (closed11/1/05)

Agency Location Code 00004844, Lockbox Number 72758

Dear Mr. Herndon:

As you know, EMS remains under a continuing court order in Cobell. et al.v. Norton, et

! to preserve, indefinitely, all records relating to Individual IndianMoney (JIM) trust

funds and trust assets. Notwithstanding the fact that the above-referencedlockhox

account was closed effective November 1, 2005, please continue to retainall

documentation pertaining to the account until further notice. You haveconfirmed that

the account records include:

Standard Foni! 215Standard Form 5515Check copiesMonthly Account Activity Reports (MAAR)Monthly Account Analysis Statements (MAAS)Standard ListingAny fornis used to facilitate internal processing, such as the Daily

Balance Sheet

Your bank must continue to retain the records for this account IN ALLFORIVIS AND

MEDIA that were generated. Accordingly, notwithstanding that your bankbegan

generating photocopies of the checks associated with this account onOctober 1, 2001,

you must continue retaining any duplicate copies on microfilm, unless anduntil FMS

obtains court approval for your bank to retain only pre-October 2001microfilm copies

and post-September 2001 photocopies.


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Page 2 - Mr. Hemdon

Please distribute this letter to appropriate bank personnel, including recordsmanagementpersonnel. If you have any questions regarding these retention instructions,please

contact me at (202) 874-6847.

Thank you for your continued cooperation.

Sincerely,

!Sheryl R. Morrow, DirectorGeneral Revenue Collection Division

cc: Linda S. Corbett, Senior Vice President, Bank of America


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Attachment B(1 of2)

[Business Alert Message (BAN) for Current TGA5]

This is a reminder to continue preserving records in accordance with EMS' prior

instructions toyour financial institution. As statcd in our initial letter dated July 9. 1999 andeach successivereminder letter, including the most recent Business Alert Message issued onFebruary 16, 2006,due to ongoing litigation [Cobell, et al. v. Norton, et al., Civ. No. 1-96CV0 1285(D.D.C)], yourfinancial institution must retain, until further notice:

Standard Form 215, Standard Form 5515 and any supporting documentation, INALL

FORMS AND MEDIA, associated with transactions relating to deposits receivedfrom

the Department of the Interior for credit to the Treasury's General Account(TGA). 'Ibis

includes paper, electronic, microfilm, microfiche, or any other media.

If you have not already done so, please designate a point of contact at yourfinancial institution todisseminate these record retention instructions to appropriate personnel at yourorganization(including records management personnel). Please ensure that an appropriatedissemination andcompliance process is in place to ensure these instructions are being followed atyour financialinstitution.

If these retention instructions create a problem for your operations, please sendyour concerns inwriting to the Over-the-Counter Revenue Collection Division at 401 14th Street,S.W., Room307C, Washington. DC 20227.

If you have any questions, contact the Federal Reserve Bank of St. Louis at 1-866-771-1842 orAva Singleton on (202) 874-9986.


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DEPARTMENT OF THE TREASURY Attachment BFINANCIAL MANAGEMENT SERVICE (2 of2)

WASHINGTON, D.C. 20227

August ii, 2006

Dear Sir or Madam;

This is a reminder to continue preserving records in accordance with EMS'prior instructions to

your financial institution. As stated in our initial letter dated July 9,1999 and each successk'e

reminder letter, including our most recent reminder letter dated February24, 2006, due to

ongoing litigation [Cohe11!.!t al. v. Norton et aL, Civ. No. 1-96CV0 1285(D.DC)]. 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 depositsreceived from

the Department of the interior for credit to the Treasury's GeneralAccount (TCIA). This

includes any such records formerly maintained by the financialinstitutions shown on the

attached list, now in your possession, custody or controL This includespaper, electronic,

microfilm, microfiche, or any other media.

If you have not already done so, please designate a point of contact at your

financial institution todisseminate these record retention instructions to appropriate personnel at

your organization,including records management personnel. Please ensure that an appropriate

dissemination andcompliance process is in place to ensure these instructions are being

followed at your financialinstitution.

If these retention instructions create a problem for your operations, pleasesend your concerns in

writing to the Over-the-Counter Revenue Collection Division (OTCD) at 40114th Street, SW.,

Room 307C, Washington, DC 20227, as soon as possible-

Thank you for your continuing cooperation in this matter, if you have anyquestions, the first

point of contact is the Fedenti Reserve Bank of St. Louis at 1-866-711-1842.Should you have

further questions, feel free to contact Ava Singleton on (202) 874-9986.

Sincerely,

1)!q ! ))!


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Corvelli A. McDaniel, DirectorOver-the-Cotmter Revenue Collection DivisionA/C Federal Finance


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/*(!kF!DEPARTMENT OF THE TREASURY

FINANCIAL MANAGEMENT SERVICE Attachment CHYATTSVILLE, MD 20782

AUG 11 2006

Brian K. NagelAssistant Director,Office of InvestigationsU.S. Secret Service950 H Street, N.W.Washington, D.C. 20223

Re: Document Retention Order in Cobell, et al. v. Norton, et al.Civ. No. 1-96CV01285(D.D.c,)

Dear Mr. Nagel:

This is a reminder that Treasury remains subject to a continuing court orderin the above-

referenced lawsuit, requiring Treasury to retain, indefinitely, "alldocuments and data relating to

Individual Indian Money trust finds and Individual Indian trust assets."Copies of the document

retention order entered in the ease on August 12, 1999 and Treasury'sStipulation filed with the

court on July 6, 1999 were provided with some of our previous reminderletters to Secret Service,

including our reminder letter dated August 26, 2003. Please let me know ifyou need copies of

those documents.

As stated in our previous letters to Secret Service (dated January 14, 2000,October 13, 2000,

February 28, 2001, August 29, 2001, August 28, 2002, February 12, 2003,August 26, 2003,

January 16, 2004, August 2,2004, February 2, 2005, August 10, 2005, andFebruary 6, 2006),

among the types of records that Treasury must preserve to comply with thecourt order and

Stipulation are all Treasury checks and check-related records. Accordingly,please continue to

preserve, until firthcr notice, all Treasury checks that FMS forwards to your

bureau forinvestigation and all information and records your bureau maintains relating

to those checks.Please continue to take all steps necessary to determine and document that

all such records in thepossession of Secret Service are being preserved indefinitely.

If you have any questions concerning thc Cobell document retention order andStipulation, please

contact Beth Kramer in the FMS Chief Counsel's office, at (202) 874-7036, orme, at (202) 874-


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7913.

Thank you for your continued cooperation and assistance.

Sincerely,

!

RoMjd 0. Cymb!i ( DirectorFinancial Processing Division

cc: Thomas Dougherty, Office of Chief Counsel, U.S. Secret Service - Fax #202/406-6544


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Attachment D

DEPARTMENT OF THE TREASURYBUREAU or TH! PUBLIC DEBTPAflKERSBURG, WV 261o6-laza

August 14, 2006

Nationai Archives arid Records AdministrationLife Cycle Management DivisionAttention: Stephen Cooper8601 Adeiphi RoadCollege Park, MD 20740-660 1

Re: Suspending Destruction

Dear Mr. Cooper:

As you are aware, the Bureau of the Public Debt (BPD), Department of theTreasury, has been

under court order since August 1999 to preserve all documents relating to thepending litigation,

Cobell v. Norton, et al.. which challenges the government's management of theIndividual Indian

Monies (tIM).

The purpose of this letter is to remind you that BPI) remains under courtorder to preserve

records indefinitely for purposes of the Cobell Litigation. Therefore, werequest that the Federal

Records Centers continue to implement the freeze on ill records from BPD

Record Groups 53and 82 and preserve all such records until further notice.

Thank you for your cooperation in this matter.

Sincerely,

Vicki Thorpe, Manager,Graphics, Printing, and Records BranchRecords orncer


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DEPARTMENT OF THE TREASURY Attachment FFINANCIAL MANAGEMENT SERVICE

rO WASHINGTON. D.c. 20227

August 30, 2006

Didlake, Inc.Ann: Victoria Tanner, Project Manager3700 East-West Highway, Room B-014I-Iyattsvi!le, MD 20782

Re: FMS Contract Number TFMS-HQ-04-K-000 1 (formerly FHQ99D5 1295)

Dear Ms. Tanner:

Please continue to ensure that appropriate personnel at your company who performworkFor FMS under the referenced contract are aware of, and are complying with,

FMS's

longstanding instructions to retain, indefinitely, all cheek claims relatedrecords. SuchRecords include microfiche copies of closed check claims case files, original

documentsContained in such files (including original TFS 1133 claim fornis), and any

supportingInformation or documentation associated with same.

Our letter to you dated August?, 2001 included a copy of the retention orderissuedAugust 12, 1999 in the Cobell, ct al. v Norton, et al. litigation. If you need

another copyof the retention order, please let me know.

Please make FMS aware of any concerns you may have regarding these instruction.You may contact the COTR, Marilyn Haynes, at (202) 874-8883 or Evelyn J. Daval

at(202) 874-6979, if you have any questions.

Thank you for your continued cooperation.

Sincerel !

Evelyn . DavalContracting Officer

Cc: Marilyn Haynes, COTRBeth Kramer, Office of Chief Counsel


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Attachment G

Official FMS Business

To: Office of the Commissioner Debt Management Services Federal FinanceFinancial Operations

Governmentwide Accounting Information Resources AC Management

Regional Operations HO AustirBirmingham Kansas City Philadelphia San Francisco

Date: 08/10/2006From: William HigginsSubject: Cobell and Tribal Trust Litigation - FMS Retention Requirements

Date: August 10, 2006

To: All FMS Employees

From: Kenneth R. PapajConrnTlissioncr

Subject: Cobell and Tribal Trust Litigation - FMS Retention Requirements

All FMS employees are again reminded that FMS remains subject to continuingcourt ordersand Treasury directives, requiring us to retain and safeguard all documents,

data and tangiblethings that relate to Individual Indian Money (TIM) and Tribal trust funds and

assets,indefinitely. To ensure that we remain in compliance with the court orders and

directives,please continue to adhere to the following FMS requirements:

1. Do not destroy any documents, data or tangible things unless you have

received writtenapproval from the Chief Counsel. This rule applies to all documents, data and

tangiblethings, whether litigation-related or not. Prepare a disposition request,

following theinstructions contained in the Chief Counsel's March 7, 2000 memorandum entitled

"Processfor Obtaining Disposition Approval" (posted on the FMS intranet on the

"Cobell/TribalLitigation" page). The only exception to this rule is for "obvious non-record

materials," asdescribed in the attached "Quick Reference Guide."

2. Continue copying or forwarding all Cobell-related and Tribal-related e-mailand otherelectronic documents to theiT respective dedicated mailboxes ("Cobell

Archive(' !fms" forCobell-related e-mail/electronic documents and "Tribal Mailhox(iiffms" for

Tribal-relatede-mail/electronic documents). To insert a mailbox address on an e-mail, simply

type"Cobell" or "l'ribal" and press the "Enter" key. You may delete your copy of any

e-mail orother electronic document sent to these mailboxes.


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3. Promptly forward any voicemail messages that relate to the Jicarilla ApacheNation orThe Pueblo of Laguna Tribe to EMS' dedicated "Tribal" voicemail repository. Step-by-stepinstructions for forwarding voicemail messages to the repository are provided inmy March26, 2004 memorandum (posted on the FMS intranet on the "Cobell/Tribal Litigation"

page).

4. Do not archive (move) data from any FMS electronic production systems thatcontainlitigation-related data, except pursuant to a written archive plan that has beenapproved by theCommissioner's Office. Please refer to the Deputy Commissioner's March 24, 2000memorandum entitled "Maintenance of Data on EMS Systems" (posted on the FMSintraneton the "Cohell/Tribal Litigation" page) for more information about thisrcqlLirement.

5. Do not attempt to give guidance on record retention matters to Federal Reserve

Bankpersonnel. Please refer all such questions to Tern Dawson at (202) 874-6877 or toBethKramer at (202) 874-7036.

I appreciate your continued compliance with these instructions and encourage youto reviewthe pertinent memoranda posted on the EMS intranet. To locate the memoranda,double clickon the icon for Netscape Navigator. This moves you to FMS' intranet. Under "News"or!IIot Topics," click on "CobelliI'ribal Litigation."

If you have questions or need assistance regarding any of these retentionrequirenients, pleasedo not hesitate to contact Tern Dawson at (202) 874-6877 or Beth Kramer at (202)874-7036.

Ihank you.

Attachment


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AT!!-! *A4!WA - A VT - ! !/!SA !A !S !4!dk4j \! LL45!4!fl S !UU'TJ 155 #SSS! h S US !

Commissioner Papaj (August 10, 2006 memo) - Attachment

Previous Page I Nexk Paqo

!A Quick Reference Guid&'

I

I4EI%IE!iBER: PRESEIt"E All. INTF.RIOR!INI)1AN-'FRE.'ST-RELAi'EI) MA'I'LRiAil:

OBVIOtJS !ONRE('OR1) NIATERIAI!SThese lucy he desTroyed winoJ ! oI.DprovcI of the Chief(!,._n_.

CATEGORIES EXAMPLES* Office supply catalocis. vendor marketing materials.

I. Non- * non-EMS publicatiorisimanuals. such as phone books., ... Federal Pecuster. dictionaries, "Lotus Notes forDummies.'I reasu n'! I \IS -\laterial

* attendee s copy cf handloLits received at meetings.trainii'ici,

etc. employees copy of vvorkre[oted organization charts,

phone

2 Ii easni ! I ! li'!fr Tioa!nrq L.nrie3ronlen! - hi 11111 ii -U

Dtsti ibutioii HTiiliiyt! r ' t F! 1!l ubli!tiiiic oh a Fl4eierence Material . excess stocks of EMS morketirici ruciterials, suchas Direct

De.!:'osit broc hires* notices received re: IT security. scheduling cf

niectindis &van rides, training. ''acting" manacje P3. voting

leave, etc.

* notices received re:r etu'ements, deaths. TSP. CEO.PTI.

Flex Account. etc.3. Personal Papers * employees copy of T&A , !ayrol I, personnel. etc.records

! except travel recordls:recHpts. printouts cf non-Federal 'v'veh pages that were not

used forFMS business

a nc'n-FMS-relcitecl catendars!remindersa recipes, l:'oeliis, cartoons, etc.

* l:rnt!' banner pacie'3. and printer faili.u'e


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reports4. (fllter a interim drafts created but never circulated toanvone

* duplicates of amy of the examples in these fourcategories.

!reyiqy!. Page I No !d

You are here: Home > News > Cobell Litigation > -- Commissioner Papaj (August 10,

2006 memo) - Attachment

http://intranetl'ms.treas.gov/counscl.nsf/print/09966EDE89762096852571 1 50062C1D4

8/31/2006


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Attachment H

Nancy Fleetwood/SPO To All- BPD (business use onlyl)08121f2006 12:44 PM cc tiM Msilbcx@BPD

bceSubject IMPORTANT REMINDER TO ALL EMPLOYEES

Histoiy: ! This message has been forwaidea.

I'd like to remind all employees that BPD remains subject to a court order that !ovcrns theretention of records relating to the Individual Indian Money (JIM) trust fund andIJM trust assets.To ensure compliance with this court order, you should not desiroy any documentsor datapertaining to the following subjects without written approval from the ChiefCdunsel or hisdesignee:

* TiM deposit fund investment records* TIM accounts and accounts held in trust by the Department of the Interidr* Savings bonds held in trust form of registration by the Department of theInterior* Correspondence (internal and external) relating to Individual Indian Mo!iey* Electronic communications, such as c-mails and Internet messages, relatingto thesubjects above, unless those communications have been forwarded to thc Cobellmailbox.

You should Continue to copy or forward all e-mails relating to the IIM trust hind,JIM trust assets,and the Cobell litigation to the dedicated IIM Mailbox. To insert the mailbox

address on ane-mail, simply type "JIM Mailbox" and press the "Enter" key.

The Federal Reserve Banks have also been instructed not to destroy any fiscalagency recordsunless they have received specific permission in writing from Treasury authorifingthedestruction. Please refer any inquiries from FRB personnel regarding recordretention to JimmyPhillips at (202) 504-3683, fax number (202) 504-3630. Don't attempt to giveguidance onrecord retention matters to any FRB employee.

I appreciate your continued compliance with these instructions and encourage youto occasionallyreview the pertinent memoranda and c-mails, which are posted on PD Web under theOffice ofthe Chief Counsel's (0CC) website. Just click on the office link "0CC" and thenclick on"Co bell v. Norton ," which appears in the "Litigation" section.

Thanks again for thc great support you have shown in helping Public Debt complywith a verychallenging court order.


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Image: IJONet/Portal Image BannerAttachment I

______________ Litigation Obligations and Directives

Office of the General Counsel

Directive From General Counsel To All Departmental OfficesEmployees Coilcerning Cohell Litigation

By order of the Court in Cobell v. Norton,Departmental Offices employees must preserve alldocuments and records, whether in paper, electronic, orother form, that are relevant to any aspect of thegovernment's responsibilities with respect to theindividual Indian money trust. Such responsibilitiesinclude, but are not limited to, management, Iadministration, collection, disbursement, investment,

and accounting of trust funds.

To comply with the various court orders to which weare subject in Cobell v. Norton, to make it easier tomanage and retrieve electronic mail as needed, and tohelp ensure that our electronic mail will continue to About

Usoperate, I am requesting that you do the followingthings:

CoritflP!ge

OwnerStep One: Search for Previous E-1!1aiIs You Have

Sent or ReceivedII II II Home

Search your e-mail, including Inbox, Drafts,"Message Log," and all "Folders" and "Archives," foraxiything that relates in any way to the Cobell litigation,Individual Indian Monies, or Department of Interiorinvestments on behalf of individual Indians. Forwardany e-mails that you find on this subject (includingattachments and retaining forwarding history) to"Cobell" or Cobell(titdo.treas.gov. In an effort tomanage electronic mail, we have created this dedicatedmailbox for Cobell-related and/or discussions relatingto Individual Indian Money account.

Step Two: E-Mails That You Send in the FutureBeginning immediately, send a "cc" (not a "bee") of allc-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 FutureAlso beginning immediately, forward all c-mails that


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you receive (including attachments and retainingforwarding history) that relate in any way to the Cobelllitigation, Individual Indian Monies or Department ofInterior investments on behalf of individual Indians, to"Cobell,' unless you can tell from the message that thee-mail has already been sent to the "Cobell."

If you have questions on this process or the retention ofdocuments, call Thomas McGivern, Counselor to theGencral Counsel, at 622-2317.

If you need help in formulating e-mail searches orfhrwarding messages, or have questions on the 'Cobell"mailbox, contact the helpDesk at 622-1111.

Cont!ici.........Unda!c!.I: \*lcndav. Aj!tii.

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DepartnieflHirp.! mt

file://C:\Doeuments and Settings\hkramer\Loeal Settings\Temp\p.notes\DONPTLitigation... 8/3 1/2006