T4 B18 Correspondence Fdr- Correspondence W The Sec And Withdrawal Notice For Memo

Thomas H. Kean CHAIR

July 16, 2003

Lee H. Hamilton VICE CHAIR

Richard M. Humes, Associate General Counsel Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D.C. 20549

Richard Ben-Veniste Max Cleland Frederick F. Fielding

Dear Mr. Humes:

Jamie S. Gorelick

As you know, the Commission sent a document request to the SEC nearly a month ago, on June 19, 2003, entitled SEC Document Request No. 1. That request asks for copies of investigative and other non-public files of the SEC relating to the SEC's investigation into any trading activity designed to profit from, or to avoid losses from, the September 11, 2001 attacks. This request was made in connection with the Commission's statutory mandate, pursuant to Public Law 107-306, to investigate the facts and circumstances surrounding the September 11, 2001 terrorist attacks, including the nation's preparedness for, and immediate response to, those attacks, as well as to evaluate the lessons learned from those attacks and to make recommendations for preventing future attacks.

Slade Gorton John F. Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

We understand that the files in this matter contain "financial records" of "customers," as those terms are defined in the Right to Financial Privacy Act of 1978, 12 U.S.C. sees. 3401-3422. We have reason to believe that that information is relevant to our investigation. We will establish and maintain such safeguards as are necessary and appropriate to protect the confidentiality of files to which access is granted, and information derived therefrom. The files and information may, however, be used by the Commission for the purposes set forth in Public Law 107-306. We look forward to prompt receipt of the requested documents. If you have any questions about this matter, please call me right away at 33 1-4065. JYours sincerely

)aniel Marcus General Counsel cc: John Knepper, U.S. Department of Justice 301 7'h Street SW, Room 5125 Washington, DC 20407 T 202.331.4060 F 202.296.5545 www.9-1 lcommission.gov

DRAFT July 22, 2003 Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7th Street SW, Room 5125 Washington, D.C. 20407 Re: Securities and Exchange Commission Dear Mr. Marcus: This will confirm my conversation of today with Mr. Greenburg of your staff regarding the access request that the 9/11 Commission has made to the SEC. Specifically, we agreed that the 9/11 Commission would notify the SEC if the records we produce are requested by private parties and would give the SEC advance notice if the 9/11 Commission determines to publicly disclose the SEC's records. Sincerely,

Richard M. Humes Associate General Counsel

cc: John Knepper, DOJ

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 2O549 OFFICE OF THE GENERAL COUNSEL

July 22,2003

Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States. 301 7th Street SW, Room 5125 Washington, D.C. 20407

Dear Mr. Marcus: Re: Securities and Exchange Commission This will confirm my conversation of today with Mr. Greenburg of your staff regarding the access request that the 9/11 Commission has made to the SEC. Specifically, we agreed that the 9/11 Commission would notify the SEC if the documents we produce are requested by private parties and would give the SEC advance notice if the 9/11 Commission determines to publicly disclose the SEC's documents.

SinCferely,

Richard M. Humes Associate General Counsel

cc: John Knepper, DOJ

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 2O549 OFFICE OF THE GENERAL COUNSEL

July 30, 2003 BY HAND DELIVERY Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7th Street SW, Room 5125 Washington, D.C. 20407 Re:

Securities and Exchange Commission

Dear Mr. Marcus: Enclosed is a copy of the document responsive to the 9/11 Commission's access request to the Securities and Exchange Commission ("SEC"). The responsive document is an Information Memorandum, dated May 15, 2002, from the Division of Enforcement to the SEC Chairman and Commissioners with Exhibits A through F. The Information Memorandum contains a list of the exhibits. Sincerely,

(Wc I"

Richard M. Humes Associate General Counsel

cc w/o enclosures:

John Knepper, DOJ

Mail:: INBOX: Additional information from J. Cella

Page 1 of 1

A 9 < a a a p ! ? a f c f e S i - e

INBOX Compose Folders Options Search Problem? Help Addressbook Tasks Memos Calendar Logout

e n

°Pen Folder'

38.69MB /476.84MB (8.11%)

INBOX: Additional information from J. Cella (6 of 475) Co

Move copy |This message to

3

Delete | Reply | Reply to AH | Forward | Redirect | Blacklist | Message Source | Resume | Save as | Print Back to INBOX


Date: Mon, 6 Oct 2003 18:07:46 -0400 From: "Humes, Richard M." ^

To: "'[email protected]'" 4f Cc: "Humes, Richard M." ^ Subject: Additional information from J. Cella NY Fed: Debbie Perelmuter (212) 720-6765; OCC: John Fennell (312) 322-6274 Time periods for Bluesheeting of index products: exchange traded funds (August 20 - September 10); options on indexes (August 27 - September 10). A review of trading in these products was done for 30 days prior. Any trading activity that was deemed unusual earlier than August 27th was also Bluesheeted. Delete | Reply | Reply to All | Forward | Redirect | Blacklist Message Source | Resume | Save as | Print

Back to INBOX

Move | copy jThis message to

http://kinesis.swishmail.com./webmail/imp/message.php?index=1429

10/7/03

WED 17:27 FAX 202 942 9537

GC GEN LIT

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION WASHINGTON. D.C. 2O5A9

OFFICE OF THE GENERAL COUNSEL

October 15, 2003

Via Facsimile and Mail Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7* St. SW, Room 5125 Washington, DC 20407 202-296-5545 (facsimile) Dear Mr. Marcus: I am writing to memorialize a telephone call I had with Doug Greenburg on 10 October 2003. Staff from the Securities and Exchange Commission's ("SEC") Office of International Affairs were also on the telephone call. That telephone call concerned your 26 September 2003 request for documents relating to the investigation by the SEC into trading activity potentially designed to profit from, or avoid losses from, the 11 September terrorist attacks ("SEC Document Request No. 2"). Specifically, you asked for information received from any foreign government agency or entity. A review of our files revealed that information responsive to SEC Document Request No. 2 includes non-public information we received from foreign securities authorities pursuant to our bilateral Memoranda of Understanding and other information-sharing arrangements. As we discussed with Mr. Greenburg, we requested non-public information from foreign securities authorities pursuant to these MOUs, which have standard provisions on use and confidentiality of information (see MOUs previously sent to Mr. Greenburg). Non-public information provided to us under these MOUs is generally subject to limitations on disclosure in the jurisdiction of the requested authority. In this regard, the foreign securities authorities provide non-public information to us with the understanding that the information's use would be limited to enforcing the federal statutes administered by the SEC (e.g., bringing civil and administrative proceedings, and assisting in a criminal prosecution of securities related offenses). If the information is used for any other purpose, we are obliged pursuant to the MOUs to "inform the [foreign securities authority] of [the SEC's] intention and provide the [foreign securities authority] the opportunity to oppose such use." (See, for example, Clause 7 of the MOU with the Australian Securities Commission; Section 5 of the MOU with the German Bundesaufsichtsamt fur den Wertpapierhandel; and Part V of the MOU with the UK Securities and Investments Board.)

i]002

03

WED 17:27 FAX 202 942 9537

GC GEN LIT

At the time we made our requests for assistance to the foreign securities authorities, the National Commission on Terrorist Attacks Upon the United States ("NCTA") had not yet been created, and our requests did not contemplate that the information would be used for the purposes set out in the NCTA's mandate. We are under an obligation to inform the foreign securities authorities of the NCTA's request and seek their consent under the MOU prior to any disclosure of the information. We understand the critical need for the NCTA to have this information, and anticipate that our counterparts will appreciate the importance of the NCTA's investigation. We propose to obtain their consent as expeditiously as possible. This process also will enable us to honor our commitments and to preserve our relationship with our counterparts so that we can continue to obtain effective and prompt cooperation in connection with the investigation and prosecution of violations of the federal securities laws. Please do not hesitate to contact me if you would like to discuss this matter further. We will be in touch with you to update you on the progress of our discussions with our foreign counterparts. Very truly yours,

Melinda Hardy Assistant General Counsel 202-942-0877 cc:

Doug Gxeenburg Ethiopis Tafara Director, SEC Office of International Affairs

i]003

Thomas H. Kean CHAIR

VIA FACSIMILE

Lee H. Hamilton VICE CHAIR

October 16, 2003

Richard Ben-Veniste

Jamie S. Gorelick

Mr. Giovanni P. Prezioso General Counsel Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D.C. 20549

Slade Gorton

Dear Mr. Prezioso:

Max Cleland Frederick F. Fielding

John F. Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

I am writing in response to Melinda Hardy's letter of October 15, 2003, which concerned our request for reports of investigations into pre-9/11 trading the SEC received from foreign governments. Ms. Hardy's letter stated the SEC's position that the Memorandums of Understanding (MOUs) pursuant to which the SEC received these reports prohibit their disclosure to our Commission without consent of the governments of origin. Upon review of the MOUs provided as examples by the SEC, we disagree with this interpretation and request that the SEC reconsider it. In our view, the MOUs at issue plainly allow the reports to be shared with our Commission. For example, the MOU with Germany allows information received thereunder to be used as follows: (a)

for the purpose stated in the request with respect to ensuring compliance with, or enforcement of, the laws or regulations of the requesting Authority .. . and

(b)

for purposes within the general framework of the use stated in the request, including conducting a civil or administrative proceeding, assisting in a self-regulatory organization's surveillance or enforcement activities, assisting in a criminal prosecution, or conducting any investigation related thereto for any criminal charge applicable to the violation of the provisions specified in the request.

301 7lh Street SW, Room 5125 Washington, DC 20407 T 202.331.4060 F 202.296.5545 www.9-1 lcommission.gov

Mr. Giovanni P. Prezioso October 16, 2003 Page 2 As you know, our Commission has been tasked by Congress with investigating all facts and circumstances related to the 9/11 attacks, a mandate which includes any effort to profit from those attacks through illicit securities trading activity. Our investigation of "insider trading" in advance of 9/11 falls squarely within the "general framework of the use" for which the information was provided - investigating illegal trading by persons with knowledge of the terrorist attacks. Indeed, we do not agree with the position that a foreign government would allow its information to be used by a self-regulatory organization - a non-government actor — to conduct "surveillance activities" related to insider trading, but would deny the same right to a federal Commission tasked by Congress and the President to investigate the same illicit trading. The SEC's contrary interpretation appears to rest on a wooden and restrictive reading of the MOUs. We cannot agree with the SEC's position that we are not entitled to the information because our Commission "had not yet been created" at the time of the SEC's requests for information. This fact is irrelevant under the MOUs, which do not designate specific entities which can receive the information. Instead, they allow sharing of the information "for purposes within the general framework" of the request. We believe that our investigation of insider trading in advance of 9/11 falls directly within this general framework. We are sensitive to the need for the SEC to maintain strong relations with its foreign counterparts. In the course of our investigation, we have often sought extremely sensitive information that departments and agencies of the U.S. government have received from foreign sources. Much of this information concerned vital matters of national security obtained from foreign law enforcement and intelligence agencies. Every other agency from whom we have sought such information has found a way to provide it to us without compromising its relations with its foreign counterparts. We hope and expect the SEC can do the same, and our reading of the MOUs suggests no reason any foreign government would object to our receiving the information. Although we appreciate the SEC's stated efforts to obtain the relevant consents, we fear the delays inherent in the process may prevent the necessary

>

Mr. Giovanni P. Prezioso October 16, 2003 PageS approvals from being received in time for us to fulfill our statutory mandate. For this reason, I urge you to reconsider your position and make the reports available to us immediately. Please feel free to contact me to discuss this matter further. Sincerely,

Janiel Marcus General Counsel cc:

Richard Humes, Esq. Melinda Hardy, Esq.

r

X5^22/03

WED 17:14 FAX 202 942 9537

GC GEN LIT

®002

/ UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON. D.C. 2O5A9 OFFICE OF THE

GENERAL COUNSEL

_

,

~,nni

October 22,2003

Via Facsimile and Mail (202) 296-5545 Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7th Street SW, Room 5125 Washington, DC 20407 Dear Mr. Marcus: I am writing to follow up on your letter of October 16, 2003, and to confirm my understanding of the approach that the Commission staff will be taking regarding the matter addressed in the letter (Item No. 2 of SEC Document Request No. 2). As discussed with Doug Greenburg of your staff, we are in the process of asking the foreign regulators from whom we received reports to authorize us to disclose those reports to you. The staff of the Commission's Office of International Affairs is advising the foreign regulators that if they do not object by October 24, 2003, SEC staff will provide the requested materials to the 9-11 Commission. It is possible, of course, that foreign regulators will want further information regarding the 9-11 Commission or will propose terms or circumstances for disclosure of their documents to the Commission. We will keep Mr. Greenburg abreast of any such developments and will seek to resolve any objections promptly. We appreciate the efforts of you and your staff to seek a constructive approach to resolving this matter consistent with the various important policy objectives that must be taken into account Please do not hesitate to contact me at (202) 942-0900 if you should have any questions or would like to discuss this matter further. Sincerely yours,

\i Prezioso cc:

Doug Greenburg Counsel, National Commission on Terrorist Attacks Ethiopis Tafara Director, SEC Office of International Affairs

WITH DRAWAL NOTICE RG: 148 Box: 00007 Series: Copies: 1

Folder: 0018 Document: 11 Team 4 Files Pages: 1

ACCESS RESTRICTED The item identified below has been withdrawn from this file: Folder Title: Correspondence Document Date: Document Type: Memorandum Special Media: From: To:

Subject:

memo from FBI to Doug Greenburg re San Diego inter view request

In the review of this file this item was removed because access to it is restricted. Restrictions on records in the National Archives are stated in general and specific record group restriction statements which are available for examination.

NND:401 Withdrawn: 10-23-2008

by:

RETRIEVAL #: 401 00007 0018 11 System DocID: 5206

I

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 3O549 OFFICE OF THE GENERAL. COUNSEL.

November 4, 2003 BY HAND DELIVERY Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7th Street SW, Room 5125 Washington, D.C. 20407 Re:

SEC Document Request No. 2

Dear Mr. Marcus: Enclosed are copies of documents (including a CD containing the MaST database) responsive to the 9-11 Commission's second document request to the Securities and Exchange Commission. As we discussed, with respect to your request for written reports or summaries from foreign government agencies, most of the responsive materials are enclosed. Included with this group of materials is a letter from the Australian Securities & Investments Commission ("ASIC") authorizing us to produce responsive materials and requesting that we forward ASIC's letter to you. Responsive documents from three countries are not enclosed. We have agreed to make documents from one of those countries (Japan) available for you to review at our office at your convenience. We are still awaiting final responses from two other countries (the United Kingdom and Italy); as we discussed, we are hopeful that we will soon be able to make responsive documents from these countries available for your review. Sincerely,

(It* Melinda Hardy Assistant General Counsel Enclosures

Unclassified Memorandum To:

Pat O'Brien

From: Doug Greenburg Date: February 11, 2004 Re:

UAE Article

Per our discussion, attached is the 1/17/04 AP article quoting Sultan bin Nasser alSuweidi. The key quotes are on the second page.

Unclassified

WSJ.com - Dubai Banks Remain Focus Of Terror Funding Investigation

Page 1 of 3

THE WALL STREET Q M L I ft

January 17, 2004 7:47 p.m. EST

Dubai Banks Remain Focus Of Terror Funding Investigation DOW JONES NEWSWIRES

DUBAI (AP)--Banks in this financial hub of the Arab world remain a key focus in the worldwide investigation of terror funding despite moves to tighten reporting rules, freeze accounts and control informal money transfers, U.S. and Arab officials told The Associated Press. The reason: Dubai's history of shady transactions and the difficulty of tracking a matrix of legal and illegal free trade. About half the $250,000 spent on the Sept. 11 attacks was wired to al-Qaida terrorists in the U.S. from Dubai banks, said officials of the U.S. Treasury and Central Bank of the United Arab Emirates. Al-Qaida money in Dubai banks also has been linked to the 1998 U.S. Embassy bombings in Kenya and Tanzania blamed on Osama bin Laden. In addition, before Saddam Hussein's ouster, this Persian Gulf emirate was a favorite transit point for smugglers sneaking past U.S.-led naval patrols enforcing U.N. trade sanctions. And it was through Dubai that Russian arms dealers supplied bin Laden's Taliban backers in Afghanistan before the U.S.-led war ousted their Islamic government, officials say.

DOW JONES REPRINTS ( This copy is for your personal, non-commercial use only. To order presentation-ready copies for distribution to your colleagues, clients or customers, use the Order Reprints tool at the bottom of any article or visit: www.djreprints.com. • See a sample reprint in PDF format • Order a reprint of this article now.

Sultan bin Nasser al-Suweidi, head of the Central Bank, told AP that financial officials are working closely with the U.S. government to block terror funding. Central Bank officials have trained with U.S. investigators and other international experts to help them identify money launderers and suspicious transactions, he said. "We don't want wrongdoers. We totally don't need them," said the U.S.-educated al-Suweidi, who arrives at his office before 8 a.m. and is often seen working until 10 at night in the fortress-like Central Bank headquarters in the Emirates capital of Abu Dhabi. Banks in Dubai, which were not required to report incoming transfers of less than $55,000 before the Sept. 11 attacks, must now tell the Central Bank about any transfer of more $11,000, alSuweidi said.

http://online.wsj.com/article_print/0,,BT_CO_20040117_000209,00.html

2/5/2004

WSJ.com - Dubai Banks Remain Focus Of Terror Funding Investigation

Page 2 of 3

One of the Central Bank's greatest challenges, however, has been to regulate an informal system of money transfer known as hawala in which a person takes in money at one end, then instructs an agent in another country to hand a like amount to a beneficiary. Widely used by migrant workers in Dubai and the rest of the Persian Gulf, hawala operators transfer money without a paper trail, raising suspicions the system could be abused by terrorists wanting to move money around. In the Emirates, hawala operators have been ordered to register with the Central Bank and to report transfers larger than $550, although al-Suweidi conceded that not all the dozens of operators had come forward. So far, there's no evidence the Sept. 11 plotters used hawala to transfer money, instead operating through conventional banks. For example, a year before the Sept. 11 attacks, the United Arab Emirates reported to U.S. officials a transfer of $69,985 from a Dubai bank to an account in the U.S. held by Marwan AlShehhi and Mohamed Atta, al-Suweidi said. The names meant little then but they turned out be among the suicide hijackers.

~7/ / / /

U.S. authorities took no action, al-Suweidi said, with little to differentiate that transfer from thousands of others each day, even though it exceeded the $10,000 ceiling of U.S. reporting requirements. Al-Suweidi points to that overlooked transaction as an illustration of the difficulties faced by banking officials in the United Arab Emirates. "I don't want to apportion blame because we must all work together on fighting terrorism," alSuweidi said. He added, however, that if U.S. investigators were "unable to predict that the transaction was wrong when it was reported, how can they depend on us?" Cutting off terrorists' funds is a key component of U.S. President George W. Bush's antiterrorism strategy. And Dubai remains a focus of U.S. efforts to stop the financing of terror along with other banking capitals, said a U.S. Treasury official in Washington, speaking on condition of anonymity. "There are opportunities for people to use those facilities for nefarious ends - terrorist financing, drug trafficking, money-laundering, or general fraud," the official told AP. "...We certainly do think there still is activity under way in the region and certainly activity that affects Dubai that we are interested in and we are looking at." The Emirates Central Bank has frozen 18 suspected terrorist accounts with a total value of more than $3 million, and provided information to international organizations in 14 terror financing cases, al-Suweidi said. The frozen accounts include those of Somali businessman Ahmed Nur Ali Jim'ale, whose alBarakaat group of companies is under investigation by U.S. authorities for suspected dealings with al-Qaida. Other frozen accounts belonged to Al-Shehhi, one of the Sept. 11 hijackers from the Emirates, and

http://online.wsj .com/article_print/0,,BT_CO_20040117_000209,00.html

2/5/2004

Doug Greenburg From: Sent: To: Subject:

dwise @ gordonsim mons.com Wednesday, April 07, 2004 4:48 PM Doug Greenburg Global Relief Foundation

Dear Mr. Greenburg: I am in receipt of your e-mail of yesterday's date pertaining to Global Relief Foundation, Inc. ("GRF") and its experiences in the wake of the 9-11 tragedy. I am certainly grateful for an opportunity to present GRF's point of view and to relate my own personal experiences in representing this Muslim charity in the wake of 9-11. I believe that GRF has a unique story to tell and can provide some insight that would be highly relevant to any future efforts by our country to deal with terror or financing of terror that should be considered. More than two years ago, GRF was put out of business and the organization destroyed in its entirety without any public evidence of wrongdoing other than having raised money for and delivering aid to Muslim populations in dire need around the world. As we have discussed, I will appear at your offices, 501 - 7th Street, S.W., Room 5125, Washington, D.C., next Tuesday at 3:30 p.m., and spend approximately an hour and a half with your representatives. After you and your staff hear what I have to say, perhaps the whole Commission will be interested in GRF's experiences. Again, I appreciate your personal willingness to hear the experiences of my client. This comes at a propitious time as we will soon be filing the latest round of briefs in the Federal Court in Chicago in our efforts to finally get a day in court. If GRF were to be given an opportunity to be heard, the Commission would hear of a wonderfully good-hearted organization that operated efficiently and effectively to deliver benefits to needy populations in more than 20 countries around the world. Because this organization was operated here in the US, it created uniquely good public relations for the US in Muslim populations around the world. Conversely, the arbitrary destruction of GRF in Decemer 2001, sent a message to tens of thousands of US Muslims that their monetary help in troubled areas around the world was not wanted, not appreciated and was actually illegal. This tragedy for our country has been compounded by the fact that tens of thousands of hours of FBI, Treasury, Justice and State Department personnel time has been invested in sifting, unaided by GRF personnel, through thousands of pages of documents which proved to be wholly wasted efforts because GRF was never involved in aiding or financing terror in any form. Sincerely, Roger C. Simmons