Free Exhibit List - District Court of Federal Claims - federal

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 1 of 236

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) AMBASE CORPORATION ) AND CARTERET BANCORP, INC. ) ) Plaintiffs, ) ) and ) ) FEDERAL DEPOSIT INSURANCE ) CORPORATION, ) Plaintiff-Intervenor, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________)

Case No. 93-531C (Senior Judge Loren Smith)

DEFENDANT'S FINAL EXHIBIT LIST Defendant, the United States, respectfully submits the attached final list of exhibits to be used at trial, other than those to be used for impeachment or rebuttal. We hereby reserve the right to offer any exhibit listed on the exhibit lists filed by plaintiffs and plaintiff-intervenor, which we incorporate by reference, and to supplement or amend this list in accordance with the Rules and Orders of this Court, by stipulation, or to rebut or address testimony offered by plaintiffs or plaintiff-intervenor.

Case 1:93-cv-00531-LAS

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Respectfully submitted,

MICHAEL F. HERTZ Deputy Assistant Attorney General

JEANNE E. DAVIDSON Director s/Kenneth M. Dintzer KENNETH M. DINTZER Assistant Director TAREK SAWI Senior Trial Counsel s/David A. Levitt by Arlene Groner DAVID A. LEVITT ARLENE PIANKO GRONER ELIZABETH M. HOSFORD F. JEFFERSON HUGHES DELISA SANCHEZ AMANDA TANTUM Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice 1100 L Street, NW Washington, DC 20005 Tel: (202) 307-0309 Fax: (202) 514-7969 January 22, 2008 Attorneys for Defendant

Case 1:93-cv-00531-LAS

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AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08

Exhibit # DX 4

Date 03/17/1992

Bates Range

ADIIS Range WOQ679 1376 - 1376

Description MEMO FROM ROBERT ALBANESE TO FILE RE CARTERET RECAPITALIZATION, CARTERET SAVINGS BANK FA, 3/17/1992 MEMO FROM BRENT BEESLEY TO FHLBB RE FSLIC ASSISTED MERGER OF BARTON S&LA AND UNASSISTED SUPERVISORY MERGER OF FIRST FS&LA OF DELRAY BEACH INTO CARTERET S&LA, FA, 9/30/1982 CARTERET SAVINGS BANK, FA V. OTS, FHLBB, T. TIMOTHY RYAN, JR. , FDIC AND FSLIC, OPINION, 04/25/1991

DX 19

09/30/1982

WOB011 0390 - 0402

DX 21

04/25/1991

C-AM-A-0403574 -0403627 WOP763 1843 - 1846

DX 22

03/01/1991

LTR FROM WILLIAM PURCELL TO CHARLES O'TOOLE, RE RESPONSE TO 2/27/1991 OTS LETTER, 3/1/1991 MEMO FROM ROBERT O'BRIEN TO ROBERT WALSH RE TELEPHONE CALL FROM RICHARD KALIKOW, 4/22/1991 TIMETABLE FOR COMPLIANCE WITH SUPERVISORY AGREEMENT DATED APRIL 29, 1991 BETWEEN CARTERET SAVINGS BANK, FA AND OTS, 4/29/1991

DX 24

04/22/1991

AMB069603 - -069603

PAM009 0643 - 0643

DX 25

04/29/1991

WOQ653 0406 - 0411

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

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AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 26 Date 05/21/1991 Bates Range AM00064684 -0064684 ADIIS Range RAM004 0005 - 0005 Description

LTR FROM ANGELO VIGNA, TO BOARD OF DIRECTORS CARTERET BANCORP, INC. AND CARTERET SAVINGS BANK, FA RE NOTICE OF NOMINATIONS OF RICHARD BIANCO, RONALD BURNS AND DONALD KRAMER AS DIRECTORS OF CARTERET BANCORP, INC. AND CARTERET SAVINGS BANK, FA, 5/21/1991 FAX OF LETTER FROM ROBERT WALSH TO ANGELO VIGNA, RE NOTICE PURSUANT TO SECTION 914 OF FIRREA, CARTERET SAVINGS FA, 5/22/1991 MEMO OF ORAL COMMUNICATION, OTS NO. 4702, BY MICHAEL FINN, OF NOTES FROM MEETING WITH WITH RICHARD BIANCO, CARTERET SAVINGS FA AND VIGNA/ALBANESE/SIMONE, OTS-NE, RE GENERAL DISCUSSION, CARTERET SAVINGS BANK, FA, 5/31/1991 EXECUTED EMPLOYMENT AGREEMENT DATED JUNE 1, 1991 BETWEEN AMBASE CORPORATION AND RICHARD A. BIANCO, AMBASE CORPORATION, 6/1/1991

DX 27

05/22/1991

WOQ685 0274 - 0274

DX 29

05/31/1991

WOQ685 1769 - 1769

DX 30

06/01/1991

WOQ642 1815 - 1822

1 Pursuant

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

Case 1:93-cv-00531-LAS

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AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 32 Date 06/05/1991 Bates Range AMB33494 AMB33495 ADIIS Range PAM010 1186 - 1187 Description

FAX OF LTR FROM RANDOLPH ELKINS TO RICHARD BIANCO AND ROBERT WALSH RE SUPERVISORY DIRECTIVE ON BONUSES AND OTHER COMPENSATION ARRANGEMENTS, ONGOING BONUS/INCENTIVES/SEVERENCE ARRANGEMENTS, 6/5/1991 MEMO FROM ROBERT CYCON TO RICHARD BIANCO RE POTENTIAL SALE OF IMPERIAL PREMIUM FINANCE, INC., IMPERIAL PREMIUM, 6/20/1991 LTR FROM GEO. T. SCHARFFENBERGER TO MR. RICHARD BIANCO, RE RESTRICTED STOCK AWARD, 6/25/1991 LTR FROM RICHARD BIANCO TO WILLIAM PURCELL RE AGREEMENT TO RENDER FINANCIAL ADVISORY SERVICES TO AMBASE CORPORATION, 6/25/1991 LTR FROM DONALD KRAMER TO MICHAEL SIMONE RE EMPLOYMENT AGREEMENT WITH RICHARD BIANCO, KCP HOLDING COMPANY, 7/10/1991

DX 36

06/20/1991

AMB069903 - -069903

PAM009 0685 - 0685

DX 37

06/25/1991

WOQ690 0873 - 0874

DX 38

06/25/1991

WOQ642 1827 - 1828

DX 39

07/10/1991

WOQ674 2036 - 2037

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

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AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # *DX 40 Date 07/20/1992 Bates Range ADIIS Range WOP332 0803 - 0804 Description

FAX AMBASE CORP. NEWS RELEASE ANNOUNCING "AMBASE AND KOHLBERG & CO. SIGN LETTER OF INTENT FOR CARTERET SAVINGS BANK RECAPITALIZATION, 7/20/1992 MEMO FROM WILLIAM PURCELL TO RICHARD BIANCO RE SUMMARY REPORT OF ATTEMPT TO SELL IMPERIAL PREMIUM FINANCE ("IPF"), CARTERET SAVINGS FA, 7/22/1991 MEMO FROM WAYNE MOOR TO RICHARD BIANCO RE PORTFOLIO ANALYSIS, CARTERET SAVINGS BANK FA, 8/8/91 LTR FROM VAUGHN BLAKE AND JOHN QUIRK TO RICHARD BIANCO RE PROGRESS IN THE FINANCING ARRANGEMENTS FOR AMBASE CORPORATION TO PURCHASE THE COMMON STOCK OF IMPERIAL PREMIUM FINANCE, INC. FOR $65.0 MILLION, AMBASE CORPORATION, 8/9/1991 LTR FROM VAUGHN BLAKE TO RICHARD BIANCO RE REVISED FEE ARRANGEMENT, AMBASE CORPORATION, 8/12/91

DX 41

07/22/1991

WOQ692 2227 - 2232

*DX 44

08/08/1991

WOQ666 1770 - 1772

DX 45

08/09/1991

WOQ674 1899 - 1900

DX 46

08/12/1991

AM00047287 -00047288

RAM002 2843 - 2844

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

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AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 47 Date 08/16/1991 Bates Range ADIIS Range WOQ690 2385 - 2386 Description

MEMO FROM GEORGE HERGER TO THE FILE RE 8/13/91 MEETING WITH NEW MANAGEMENT, CARTERET SAVINGS BANK FA, 8/16/91 LTR FROM DAVID MAUGHAN TO RICHARD BIANCO RE KIDDER PEABODY'S FINANCIAL AND MARKETING PROPOSAL FOR RECAPITALIZATION, CARTERET SAVINGS BANK FA, 10/22/91 LTR FROM NGAIRE CUNEO TO RICHARD BIANCO RE GE CAPITAL REQUEST TO BE CONSIDERED AS A CARTERET SAVINGS BANK POTENTIAL INVESTOR, CARTERET SAVINGS BANK FA, 11/12/91 MEMO FROM MICHAEL SIMONE TO FILE RE 11/19/91 CONFERENCE CALL TO DISCUSS AMERICAN STOCK TRANSFER AND TRUST COMPANY'S INTEREST IN INFUSING CAPITAL INTO CARTERET FEDERAL SAVINGS BANK, CARTERET SAVINGS BANK FA, 12/16/91

DX 49

10/22/1991

WOT692 1486 - 1487

*DX 51

11/12/1991

WOQ653 0672 - 0672

DX 52

12/16/1991

WOQ653 2330 - 2331

1 Pursuant

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

Case 1:93-cv-00531-LAS

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AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 53 Date 12/23/1991 Bates Range AMB0010598 AMB0010599 ADIIS Range PAM002 3131 - 3132 Description

LTR FROM STEVEN GOULART TO RICHARD BIANCO RE SUMMATION OF 12/20/1991 TELEPHONE CONVERSATION CONCERNING MERRILL LYNCH'S FINANCIAL PROPOSAL FOR THE MERGER OF CARTERET AND AMERICAN STOCK TRANSFER AND RAISING CAPITAL, CARTERET SAVINGS BANK FA, 12/23/1991 LTR FROM MICHAEL KARFUNKEL TO AMBASE CORPORATION, ATTENTION RICHARD BIANCO, RE CONFIRMATION OF RECENT DISCUSSIONS REGARDING CONTINUING INTEREST IN MERGING WITH CARTERET, CARTERET SAVINGS BANK, 12/20/91 ARTICLE FROM THE RECORD 2/19/1992 REPORTING ON CARTERET'S QUEST FOR AN ADDITIONAL $150-200 MILLION IN NEW CAPITAL, CARTERET SAVINGS BANK FA, 2/19/99 MEMO FROM RICHARD BIANCO TO AMBASE DIRECTORS, SENIOR OFFICERS AND ADVISORS RE CONTACT WITH OTS AND FDIC, CARTERET SAVINGS BANK FA, 3/9/92

DX 54

12/20/1991

AMB0010593 -0010593

PAM002 3126 - 3126

DX 55

02/19/1992

WOP332 2016 - 2017

DX 56

03/09/1992

AMB068452 - -068452

PAM007 0351 - 0351

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

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Filed 01/22/2008

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AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 57 Date 05/29/1992 Bates Range C-AM-A-0323526 -0323526 ADIIS Range CAM244 0036 - 0036 Description

MEMO FROM JOHN FLEMING TO RICHARD BIANCO RE WESTERN FEDERAL SAVINGS AND LOAN, CARTERET SAVINGS BANK FA, 5/29/92 FAX TRANSMITTAL FROM MERRILL LYNCH TO DICK BIANCO AND NEIL COHEN, K. ALBERT RE DRAFT OF PRESENTATION TO THE BOARD OF DIRECTORS, AMBASE CORPORATION 7/15/92 LTR OF INTENT FROM KOHLBERG & COMPANY TO AMBASE CORPORATION RE PURCHASE OF CARTERET SAVINGS BANK FA BY NEWCO, AMBASE CORPORATION, 7/17/92 MEMO FROM PURCELL TO BIANCO AND COHEN RE LISTING OF LARGE AMBASE COMMON SHAREHOLDERS, AMBASE, 7/29/99 MEMO FROM TOM O'ROURKE TO JOHN GRIFFIN, SCOTT SMITH, AND EXAMINATION/SUPERVISORY FILES RE 8/24/1992 MEETING RECAP, CARTERET SAVINGS BANK FA, 8/27/92 LTR FROM MICHAEL ZAMORSKI RE CARTERET SAVINGS BANK, F.A., 8/28/92

DX 61

07/15/1992

C-AM-A-0178726 -0178733

CAM132 0921 - 0928

*DX 62

07/17/1992

AMB071894 - -071897

PAM007 1765 - 1768

DX 63

07/29/1992

AMB071861 - -071862

PAM009 1735 - 1736

DX 64

08/27/1992

WOQ679 0692 - 0695

DX 65

08/28/1992

FAM002 1081 - 1085

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

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AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 69 DX 70 Date 11/09/1990 08/11/1992 Bates Range ADIIS Range WOR648 0235 - 0245 WOQ642 1831 - 1831 Description SEC SCHEDULE 13D, AMBASE CORPORATION, 11/9/90

LISTING OF SHARES OWNED BY OFFICERS, DIRECTORS UNDER PLANS OF THE COMPANY AND MAJOR STOCKHOLDERS AS OF 6/30/1992, AMBASE CORPORATION, 8/11/92 LTR FROM KPMG PEAT MARWICK TO CARTERET SAVINGS BANK, FA RE AUDIT OF THE CONSOLIDATED FINANCIAL STATEMENTS OF CARTERET SAVINGS BANK, FA AND SUBSIDIARIES FOR THE YEAR ENDED DECEMBER 31, 1990, CARTERET SAVINGS BANK, FA, 7/8/91 CONFIDENTIAL REPORT OF FINDINGS RE CARTERET SAVINGS BANK SUBMITTED TO KOHLBERG & CO BY LYONS, ZOMBACK & OSTROWSKI, INC., CARTERET SAVINGS BANK, 8/21/99 ASSISTANCE AGREEMENT BETWEEN FSLIC AND CARTERET SAVINGS BANK, F.A., DATED JUNE 6, 1986

DX 84

07/08/1991

FAM002 2361 - 2365

*DX 95

08/21/1992

K000001 - -000056

WOP338 1374 - 1392 WOQ628 1397 - 1432

DX 110

06/06/1986

WOR064 0001 - 0097

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

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AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 112 Date 02/13/1990 Bates Range AM001423 - -001426 ADIIS Range Description

CARTERET SAVINGS BANK, F.A., AGENDA FOR SPECIAL BOARD OF DIRECTORS MEETING, FEBRUARY 13, 1990 WOQ682 1050 - 1054 MEMO: FROM CLAIRE M. CHADWICK, MANAGER-EXTERNAL REPORTING, TO WILLIAM J. DAY, FDIC EXAMINER-IN-CHARGE, RE: CARTERET SAVINGS BANK AND SUBSIDIARIES FINANCIAL STATEMENTS, JUNE 30, 1989 MEMO: FROM CLAIRE M. CHADWICK, MANAGER- EXTERNAL REPORTING, TO WILLIAM J. DAY, FDIC EXAMINER-IN-CHARGE, RE: CARTERET SAVINGS BANK AND SUBSIDIARIES FINANCIAL STATEMENTS AUGUST 31, 1989 MEMO: FROM WILLIAM J. DAY, JR., EXAMINER, TO THE FILES RE: CARTERET SAVINGS BANK REGARDING GENERAL DEVELOPMENT CORPORATION AND POSSIBLE INSIDER INVOLVEMENT WITH PRINCIPALS OF AMBASE VIA PREVIOUS RELATIONSHIP WITH CITY INVESTING COMPANY

DX 113

10/03/1989

DX 114

10/13/1989

WOQ682 1047 - 1049

DX 115

08/01/1990

WOT692 1148 - 1152

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

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AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 116 Date 08/06/1990 Bates Range ADIIS Range WOQ682 1471 - 1471 Description

MEMO: FROM WILLIAM J. DAY, JR., EXAMINER, TO NICHOLAS J. KETCHA, JR., REGIONAL DIRECTOR RE: CARTERET SAVINGS BANK INTERIM REPORT MEMO: FROM WILLIAM J. DAY, JR. TO NICHOLAS J. KETCHA, JR. RE: CARTERET SAVINGS BANK MEMO: FROM WILLIAM J. DAY, JR., EXAMINER, TO "THE FILES" RE: CARTERET SAVINGS BANK MEMO: FROM WILLIAM J. DAY, JR., EXAMINER, TO LEE SMITH, CONTROLLER, RE: CAPITAL (REGULATORY CAPITAL COMPUTATION) MEMO: FROM JEFFREY J. CARFORA, VICE PRESIDENT / ASSISTANT CONTROLLER, TO WILLIAM J. DAY, JR., FDIC EXAMINER, RE: CAPITAL (REGULATORY CAPITAL COMPUTATION)

DX 117

08/13/1990

WOQ682 1467 - 1467

DX 118

09/06/1990

WOQ682 1446 - 1446

DX 119

09/11/1990

WOQ682 1445 - 1445

DX 120

09/25/1990

AM018960 - -018965

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

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AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 122 Date 04/10/1991 Bates Range AM048913 - -048915 ADIIS Range Description

LTR: FROM CARTERET SAVINGS BANK TO DANIEL DIONNE, ASSISTANT REGIONAL DIRECTOR, FDIC RE: BOARD OF DIRECTORS MEETING FOR FDIC PRESENTATION OF ITS 1990 EXAMINATION REPORT CAM387 0216 - 0217 LTR: FROM JOHN MCGRORY, COMPLIANCE EXAMINATION MANAGER, TO THE BOARD OF DIRECTORS OF CARTERET SAVINGS BANK RE: COMMENTS AND SUGGESTIONS BASED ON REPORT OF COMPLIANCE EXAMINATION AS OF DECEMBER 10, 1990 LTR: FROM NICHOLAS J. KETCHA, JR., REGIONAL DIRECTOR FOR FDIC, TO ANGELO A. VIGNA RE: MEETING WITH BOARD OF DIRECTORS HELD ON APRIL 22, 1991 LTR: FROM NICHOLAS J. KETCHA, JR., REGIONAL DIRECTOR FOR FDIC TO ANGELO A. VIGNA, REGIONAL DIRECTOR, OTS AND CARTERET BOARD OF DIRECTORS RE: CARTERET SAVINGS BANK, FA

DX 129

07/31/1991

DX 130

04/29/1991

WOT671 0671 - 0672

DX 131

06/28/1991

WOQ698 1429 - 1431

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

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AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 135 Date 11/27/1991 Bates Range ADIIS Range WOQ653 0053 - 0058 Description

LTR: FROM DONALD KRAMER TO RICHARD L. BRAUN, ARTHUR E. GILGAR, CHARLES J. MCCABE, LEO O. MCCABE, ROBERT E. MCCARTHY AND ROBERT C. WALSH RE: REPAYMENT OF BONUSES FOR THE FISCAL YEAR ENDED DECEMBER 31, 1990 LTR: FROM A. PATRICK DOYLE TO OFFICE OF THE SECRETARY AT FHLBB CC: BRIAN D DITTENHAFER, PRINCIPAL SUPERVISORY AGENT FOR THE FHLBB OF NEW YORK RE: APPLICATION OF THE HOME GROUP, INC TO ACQUIRE CARTERET BANCORP AND ITS WHOLLY OWNED SUBSIDIARY CARTERET SAVINGS BANK, FA INTEROFFICE MEMO: FROM PAMELA BISHOP TO BRIAN DITTENHAFER, ANGELO VIGNA, BILL DURBIN, ROY N. JENSEN, MICHAEL SIMONE AND DAVID DORGAN RE: CARTERET SAVINGS BANK INFORMATIONAL REPORT MEMO: FROM DARREL W DOCHOW TO PROFESSIONAL STAFF- EXAMINATIONS AND SUPERVISION

DX 140

12/04/1987

WOR060 2467 - 2469

DX 147

07/19/1989

WOQ652 2120 - 2123

DX 153

06/17/1988

GF0028472 - -0028487

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

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AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 156 Date 11/09/1988 Bates Range ADIIS Range OGC006 1478 - 1479 Description

MEMO: FROM JONATHAN L FIECHTER TO DIRECTORS OF AGENCY FUNCTIONS RE: PROPOSED RISK-BASED CAPITAL RULE: IMPACT BY DISTRICT BANK MEMO: FROM JONATHAN L. FIECHTER, DEPUTY EXECUTIVE DIRECTOR TO CHAIRMAN WALL RE: THRIFT INDUSTRY LIQUIDITY STATISTICS THRIFT BULLETIN,TB 36A, SECTION 320 SUBJECT: CAPITAL ADEQUACY; HANDBOOK: THRIFT ACTIVITIES RE: GUIDELINES FOR FIRREA CAPITAL PLANS, EXEMPTIONS AND EXCEPTIONS MEMO: FROM JOHN F. ROBINSON TO DARREL W. DOCHOW THROUGH JONATHAN FIECHTER RE: POLICY STATEMENT ON REGULATORY CAPITAL MAINTENANCE OBLIGATIONS OF SAVINGS AND LOAN HOLDING COMPANIES FSLIC AMENDMENT NO. 1 TO APPLICATION H-(D)2 WITH A COPY TO DOUGLAS P. FAUCETTE, ESQ, MULDOON, MURPHY & FAUCETTE

DX 159

02/06/1989

OGC061 0346 - 0347

*DX 164

11/06/1989

GF0024673 - -0024680

DX 166

05/XX/1988

SMO170343 - -O170345

DX 169

05/11/1988

AMB046218 - -046248

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

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AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 174 DX 191 Date 06/30/1988 11/17/1992 Bates Range AMB019591 - -019600 WOP334 0685 - 0686 ADIIS Range Description

THRIFT FINANCIAL REPORT, CARTERET SAVINGS BANK, FA, AS OF JUNE 30, 1988 INTEROFFICE MEMO: FROM ROBERT C. ALBANESE TO "THE FILE" RE: CARTERET SAVINGS BANK, FSB, CONFERENCE CALL WITH JONATHAN FIECHTER, DEPUTY DIRECTOR FOR WASHINGTON OPERATIONS LTR: FROM JOHN F. DOWNEY, DEPUTY DIRECTOR FOR REGIONAL OPERATIONS, TO JOHN W. HARSHAW, PRESIDENT OF AMERICAN LEAGUE OF FINANCIAL INSTITUTIONS, CC: JOHNNIE BOOKER RE: RESPONSE TO LETTER OF MAY 16 ADDRESSED TO MS. JOHNNIE BOOKER, VICE PRESIDENT FOR THE DIVISION OF MINORITY AND WOMEN'S PROGRAMS AT THE RESOLUTION TRUST CORPORATION INTEROFFICE MEMO: FROM MICHAEL E. FINN TO JOHN F. DOWNEY, SHANNON E. PRITCHARD CC: STEPHEN E. HART, ANGELO A. VIGNA, ROBERT C. ALBANESE, MICHAEL L. SIMONE AND JOHN C. GRIFFIN RE: CARTERET VIABILITY ANALYSIS

DX 197

05/26/1994

WOP299 1684 - 1686

DX 201

03/08/1991

WOP326 0177 - 0186

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

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AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 210 Date 04/04/1990 Bates Range ADIIS Range WOQ685 0115 - 0116 Description

MEMO: OF ORAL COMMUNICATION BY MICHAEL FINN WITH LEE SMITH, CONTROLLER, JEFF CARFORA, ASSISTANT CONTROLLER AND HENRY KEIZER, KPMG AUDIT MANAGER ORIGINATOR, JOHN GRIFFIN/MICHAEL FINN RE: IMPACT OF OTS ACCOUNTING ISSUES ON KPMG'S AUDIT REPORT OF CARTERET AS OF 12/31/90; SUMMARY OF 3/28/91 MEETING MINUTES BUSINESS PLAN - CAPITAL GROWTH; CARTERET SAVINGS BANK, FA, JUNE 04,1990 INTERNAL MEMO: FROM MICHAEL FINN, OPERATIONS, AND ELAINE KILLOUGH, OPERATIONS, TO JOSEPH LONGINO, CORP. ACTIVITIES, RE: OPERATIONS REQUEST FOR ADDITIONAL INFORMATION: CARTERET APPLICATION TO OFFER BROKERAGE SERVICES THROUGH A WHOLLY-OWNED SUBSIDIARY REGULATORY PLAN REPORT

DX 211 DX 214

06/04/1990 11/19/1990

WOQ682 1555 - 1557 WOT671 0260 - 0262

DX 215

01/03/1991

WOP326 0341 - 0374

1 Pursuant

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 18 of 236 Page 16 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 217 Date 02/13/1991 Bates Range ADIIS Range WOQ678 0058 - 0058 Description

INTERNAL MEMO: FROM MICHAEL FINN TO "THE FILE" RE: CARTERET SAVINGS BANK, FA USE OF A CAPITAL DIRECTIVE IN LIEU OF RB3A-1 "GREATER RESTRICTIONS" LTR FROM JOHN C. GRIFFIN TO BOARD OF DIRECTORS, CARTERET SAVINGS BANK, FA CC: NANCY HALL, FDIC REGIONAL OFFICE RE: REPORT OF EXAMINATION CONDUCTED ON JUNE 15, 1992 FHLBB MEMO FROM STEVEN DAVIDSON, CARLOS FIOL, REGIONAL DIRECTORS, AED TO JACK REID, DIRECTOR, AED RE: PROPOSED APPROACH FOR PROVIDING RANGES ON COST ESTIMATES

DX 222

08/20/1992

AMBNP029157 -029199

DX 225

05/11/1987

SM0066112 - -0066212

DX 229

01/13/1989

WSJ048 2357 - 2358

INTEROFFICE MEMO: FROM CARLOS FIOL TO STUART ROOT CC: MITCHELL STANLEY, JIM WILLIAMS, DENNIS M. PITTMAN AND JAY EARLE RE: COST OF FSLIC CASE SOLUTION COMPARISONS.

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 19 of 236 Page 17 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 233 Date 05/30/1986 Bates Range ADIIS Range WFZ015 1501 - 1501 Description

FHLBB MEMO: FROM CARLOS M. FIOL, FINANCIAL ANALYST, AED TO TONY SAMSON, FINANCIAL ANALYST, MAD RE: FIRST FS&LA OF MONTGOMERY COUNTY BLACKSBURG, VA FHLBB NO 1210 VIABILITY ANALYSIS. MEMO: FROM ALVIN W. JAMES TO CARLOS M. FIOL AND ELENA Y. JOHNSON RE: CARTERET NON-CONFORMING BIDS MEMO: FROM ALVIN W. JAMES TO JAY A. JUPITER, SHARON DUNN YORE, CARLOS M. FIOL AND ELENA Y. JOHNSON RE: CARTERET ADDENDUM - ASSET VALUATION REVIEW CARTERET FSB, PARSIPPANY, NJ, DECEMBER 31,1993 RTC MEMO: FROM JAY A. JUPITER, ASSISTANT DIRECTOR, MAJOR RESOLUTION TO J.PAUL RAMEY, VICE PRESIDENT, DIVISION OF RESOLUTION THRU: HERBERT J. HELD, DIRECTOR, MAJOR RESOLUTION RE: CARTERET FSB, FAILING THRIFT CASE.

DX 236

09/01/1994

C-AM-A-0088916 -0088916 C-AM-A-0014333 -0014333 C-AM-A-0131815 -0131815 C-AM-A-0088034 -0088039

DX 237

09/02/1994

DX 240

12/31/1993

DX 245

10/31/1994

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 20 of 236 Page 18 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 253 Date 11/20/1991 Bates Range C-AM-A-0213904 -0213911 C-AM-A-0181314 -0181326 AM00081250 -00081266 ADIIS Range CAM152 1282 - 1289 Description

MEETING MINUTES, CARTERET SAVINGS BANK BOARD OF DIRECTORS, OTS 1991 EXAMINATION PRESENTATION MEETING MINUTES, BOARD OF DIRECTORS MEETING; CARTERET SAVINGS BANK, FA MEMO: FROM JOHN F. FLEMING, SENIOR VICE PRESIDENT AND AUDITOR, TO THE CARTERET SAVINGS BANK AUDIT COMMITTEE, MESSRS. BEAN, BURNS AND MS. FITTS RE: LOAN REVIEW - WESTERN FEDERAL SAVINGS AND LOAN PRELIMINARY REPORT TO BOARD OF DIRECTORS REGARDING INVESTIGATION OF FORMER OFFICERS AND DIRECTORS EXAMINER MEMO: FROM THOMAS J. O'ROURKE TO ANGELO A. VIGNA, REGIONAL DIRECTOR, ROBERT C. ALBANESE, REGIONAL DEPUTY DIRECTOR, MICHAEL L. SIMONE, ASSISTANT DIRECTOR II, JOHN C. GRIFFIN, ASSISTANT DIRECTOR I, SCOTT B. SMITH, FIELD MANAGER AND SUPERVISORY FILES RE: RESOLUTION CERTIFICATION

DX 261 DX 264

07/29/1992 05/29/1992

CAM134 0669 - 0681 RAM037 0078 - 0094

DX 266

05/19/1992

C-AM-A-0361954 CAMA0361987

CAM279 0001 - 0034

DX 279

10/16/1992

WOP325 0265 - 0267

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 21 of 236 Page 19 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 287 Date 03/01/1991 Bates Range AMB025923 AMB025932 ADIIS Range Description

LTR: FROM CARTERET, S.B. TO JOHN C. GRIFFIN RE: EXAMINATION COMMENT STATUS REPORT UPDATE DATED MARCH 1, 1991. WOQ685 0034 - 0036 INTERNAL MEMO: FROM MICHAEL FINN TO MICHAEL SIMONE RE: CARTERET OPERATING EXPENSE ANALYSIS EXAMINER MEMO: FROM TOM O'ROURKE, EXAMINER III, TO JOHN GRIFFIN, ASSISTANT DIRECTOR, RE: INTERIM REPORT NO. 1 LTR: FROM JOHN C. GRIFFIN, ASSISTANT DIRECTOR TO THE BOARD OF DIRECTORS, CARTERET SAVINGS BANK RE: EMPLOYMENT CONTRACT AND ADVANCE OF ROBERT O'BRIEN WOP338 1268 - 1270 INTEROFFICE MEMO: FROM MICHAEL FINN TO RICHARD RIESE RE: CARTERET BACKGROUND CONCERNING SPECIAL COMP ISSUES

DX 292

04/19/1991

DX 295

05/16/1991

C-AM-A-0018987 -0018988 C-AM-A-0388695 -0388696

DX 296

06/14/1991

DX 298

07/10/1991

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 22 of 236 Page 20 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 300 Date 08/27/1991 Bates Range KH017780 - -017781 ADIIS Range Description

LETTER FROM JOHN C. GRIFFIN TO THE BOARD OF DIRECTORS, CARTERET SAVINGS BANK, FA RE: APPRAISAL OF IMPERIAL PREMIUM FINANCE, INC. DATED JULY 25, 1991 LETTER FROM DONALD KRAMER TO JOHN C. GRIFFIN RE: OFFICIAL PROPOSAL MADE BY AMBASE CORPORATION TO PURCHASE IMPERIAL PREMIUM FINANCE FROM CARTERET FOR A NET CASH CONSIDERATION OF $45 MILLION WOP332 0455 - 0456 INTEROFFICE MEMORANDUM FROM TOM O'ROURKE TO JOHN C. GRIFFIN, SCOTT B. SMITH AND MICHAEL E. FINN RE: NEW IPF SALE OFFER LETTER FROM JOHN C. GRIFFIN, ASSISTANT DIRECTOR TO THE BOARD OF DIRECTORS, CARTERET SAVINGS BANK, FA RE: COMMENTS AND RECOMMENDATIONS BASED ON REPORT OF EXAMINATION AS OF JUNE 17, 1991

DX 303

03/26/1992

C-AM-A-0402058 -0402059

DX 304

03/30/1992

DX 305

11/12/1991

AMBNP001194 -001246

1 Pursuant

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 23 of 236 Page 21 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 307 Date 12/26/1991 Bates Range ADIIS Range WOP333 0623 - 0623 Description

MEMORANDUM FROM MICHAEL E. FINN TO JOHN C. GRIFFIN RE: REVIEW OF CARTERET'S RESPONSE TO OTS'S REPORT OF EXAMINATION AND COMMENT STATUS REPORT LETTER FROM STANLEY MOHR, SENIOR VICE PRESIDENT TO JOHN C GRIFFIN, ASSISTANT DIRECTOR RE: CARTERET SAVINGS BANK CAPITAL DIRECTIVE (SALES - $5 MILLION OR MORE); INTENDED SALE OF PROPERTY COMMONLY REFERRED TO AS FOXMOOR LETTER FROM JOHN C. GRIFFIN TO THE BOARD OF DIRECTORS, CARTERET SAVINGS BANK, FA RE: MULTI-FAMILY LOAN PURCHASE

DX 310

07/01/1992

C-AM-A-0300436 -0300437

*DX 311

03/18/1992

KH010410 - -010410

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 24 of 236 Page 22 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 312 Date 05/20/1992 Bates Range ADIIS Range WOT707 1014 - 1014 WOP333 0450 - 0450 Description

INTEROFFICE MEMORANDUM FROM: THOMAS J. O'ROURKE TO: JOHN C. GRIFFIN, DONALD S. HOM, WALTER E. AMEND, SONIA J. CALLAHAN, STEPHEN D. ROHRS, RUTH ANN ESPOSITO, TIMOTHY P. MURPHY AND KATHLEEN A. SCHAUER RE: STATUS UPDATE ON MULTI-FAMILY LOAN PORTFOLIO PURCHASED FROM WESTERN FS&LA, CARTERET SB, FA. INTEROFFICE MEMORANDUM FROM TOM O'ROURKE TO JOHN C. GRIFFIN, SCOTT B. SMITH, MICHAEL L. SIMONE, AND DONALD S. HOM RE: CSB PROFITABILITY ANALYSIS EXAMINER MEMORANDUM FROM THOMAS J. O'ROURKE, EXAMINER TO ANGELO A. VIGNA, REGIONAL DIRECTOR, ROBERT ALBANESE, REGIONAL DEPUTY DIRECTOR, MIKE SIMONE, ASSISTANT DIRECTOR II, JOHN C. GRIFFIN, ASSISTANT DIRECTOR I, SCOTT B. SMITH, FIELD MANAGER, MIKE FINN, EXAMINER AND SUPERVISORY FILESCARTERET SAVINGS BANK, FA RE: STATUS REPORT - COMMERCIAL ASSETS DIVISION 6/30/92 RESULTS-PRELIMINARY

DX 314

06/02/1992

WOP333 0462 - 0466

DX 316

07/07/1992

WOP317 1640 - 1641

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 25 of 236 Page 23 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 332 Date 03/22/1983 Bates Range C-AM-A-0212578 -0212582 ADIIS Range Description

CARTERET SAVINGS AND LOAN ASSOCIATION, FA AND SUBSIDIARIES, NEWARK, NJ CONSOLIDATED FINANCIAL STATEMENTS, SEPTEMBER 30, 1980, 1981 AND 1982 (WITH ACCOUNTANTS' REPORT THEREON) FHLBB MEMO FROM GENE HALL, PROBLEM AND REHABILITATION DIVISION TO SUPERVISORY AGENTS RE: PURCHASE ACCOUNTING IN FSLIC-ASSISTED MERGERS AND ACQUISITIONS WOR432 0199 - 0207 FHLBB MEMO FROM EDWARD J. O'CONNELL, III TO D. JAMES CROFT, DIRECTOR RE: FORBEARANCES LETTER FROM DOUGLAS P. FAUCETTE TO GENE L. HALL, CHIEF PROBLEM AND REHABILITATION DIVISION, FSLIC RE: BID OF CARTERET SAVINGS AND LOAN ASSOCIATION FA TO ACQUIRE FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF DELRAY BEACH

DX 336

03/28/1983

SMO129226 - -129226

DX 337

03/02/1983

DX 342

08/24/1982

AMB000001 - -000002

PAM001 0080 - 0081

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 26 of 236 Page 24 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 361 Date 03/05/1990 Bates Range ADIIS Range OAM004 0068 - 0069 Description

LETTER FROM JOSEPH P. KEHOE, ASSISTANT DIRECTOR TO BOARD OF DIRECTORS, CARTERET SAVINGS BANK RE: DECEMBER 31, 1989 CLASSIFIED ASSETS AND LOSS RESERVE ANALYSIS PREPARED BY CARTERET SAVINGS BANK LETTER FROM: JOSEPH P. KEHOE, ASSISTANT DIRECTOR TO: BOARD OF DIRECTORS CARTERET SAVINGS BANK RE: LETTER OF MARCH 5, 1990 REQUESTING THAT CARTERET INCREASE ITS GENERAL VALUATION ALLOWANCE; AND LETTER FROM: DOUGLAS J. CESTONE OF OTS TO ROBERT MCCARTHY EXEC. VICE PRESIDENT CARTERET RE: APPOINTMENT OF ROBERT L. WOODRUM TO THE BOARD OF DIRECTORS. LETTER FROM JOSEPH P. KEHOE TO BRUCE BEAN, AMBASE CORPORATION RE: LETTER DATED FEBRUARY 9, 1990 REGARDING CASH CONTRIBUTION MADE BY AMBASE CORPORATION INTO CARTERET SAVINGS BANK

DX 362

04/25/1990

WOT671 0401 - 0403

DX 363

03/22/1990

OAM004 0077 - 0077

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 27 of 236 Page 25 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 365 Date 06/11/1990 Bates Range AMBNP024187 -024190 ADIIS Range Description

FAX MEMORANDUM FROM ROBERT E. MCCARTHY TO BOARD OF DIRECTORS, CARTERET SAVINGS BANK, FA RE: OTSMANAGEMENT FEES PAID TO AMBASE CORPORATION WOP334 0451 - 0455 EMAIL MESSAGE FROM ED MCQUOWN, OTS/WDC TO JOE KEHOE OTS/NEW YORK RE: CARTERET INFORMATION UPDATES INTEROFFICE MEMORANDUM FROM JOSEPH P. KEHOE TO MICHAEL E. FINN CC: MICHAEL L. SIMONE, DAVID R. DORGAN, ROBERT C. ALBANESE AND ANGELO VIGNA RE: WASHDC REQUEST FOR UPDATE ON CARTERET INTEROFFICE MEMORANDUM FROM ED MCQUOWN TO KEHOEJF@A1@EAST CC: JAMES CATON AND ALVIN W. SMUZYNSKI RE: NEED MORE INFORMATION ON CARTERET/AMBASE INTEROFFICE MEMORANDUM FROM DAVID R. DORGAN TO JOSEPH P. KEHOE, ELAINE R. KILLOUGH, SCOTT B. SMITH, RUSSELL J. MEYER AND MICHAEL E. FINN RE: CARTERET $30MM OTS "CALL"

DX 368

08/08/1990

DX 369

08/10/1990

WOT692 1174 - 1179

DX 370

08/15/1990

WOQ620 2328 - 2329

DX 374

09/27/1990

WOP343 1015 - 1015

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 28 of 236 Page 26 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 376 Date 10/03/1990 Bates Range ADIIS Range WOP334 0479 - 0480 Description

INTEROFFICE MEMORANDUM FROM MICHAEL E. FINN TO ANGELO A. VIGNA, ROBERT C. ALBANESE, MICHAEL L. SIMONE, DAVID R. DORGAN, JOSEPH P. KEHOE, SCOTT B. SMITH, ELAINE R. KILLOUGH AND RUSSELL J. MEYER RE: AMBASE SALE OF HOME INSURANCE TO VIK BROTHERS. LETTER FROM JOSEPH P. KEHOE, ASSISTANT DIRECTOR TO BRUCE BEAN, EXECUTIVE VICE PRESIDENT AND GENERAL COUNSEL, AMBASE CORPORATION RE: AMBASE CAPITAL INFUSION

DX 377

10/03/1990

AM00014702 -0014702

DX 378

10/11/1990

WOP334 0465 - 0468

INTEROFFICE MEMORANDUM FROM JOSEPH P. KEHOE TO MICHAEL L. SIMONE, DAVID R. DORGAN CC: ROBERT C. ALBANESE AND ANGELO A. VIGNA RE: CARTERET UPDATE INTEROFFICE MEMORANDUM FROM JOSEPH P. KEHOE TO DAVID R. DORGAN RE: AMBASE/CARTERET

DX 379

10/26/1990

WOP343 1017 - 1018

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 29 of 236 Page 27 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 380 Date 10/26/1990 Bates Range ADIIS Range WOP334 0464 - 0464 Description

INTEROFFICE MEMORANDUM FROM JAMES M. PORRECA TO DAVID R. DORGAN CC: MICHAEL E. FINN, JOSEPH P. KEHOE, ELAINE R. KILLOUGH, ROBERT C. ALBANESE, ANGELO A. VIGNA, FAITH S. HOCHBERG AND MICHAEL L. SIMONE RE: AMBASE $30MM ?? CAPITAL DEFICIENCIES HAND WRITTEN NOTES FROM BRUCE BEAN TO GARY AND DAVE; ALSO LETTER FROM JOSEPH P. KEHOE TO THE BOARD OF DIRECTORS, AMBASE CORPORATION RE: COMMENTS AND RECOMMENDATIONS BASED ON REPORT OF EXAMINATION AS OF JUNE 4, 1990; REPORT OF EXAMINATION, AMBASE CORPORATION, DATE OF EXAMINATION JUNE 4, 1990

DX 382

03/07/1991

AMB010074 - -010108

DX 383

10/10/1990

AMBNP03043 AMBNP030844

WOT 671 0315 - 0315

LETTER FROM JOSEPH P. KEHOE TO THE BOARD OF DIRECTORS, CARTERET SAVINGS BANK, FA RE: REGULATORY BULLETIN 3A-1 WITH COPIES OF THE BULLETIN ATTACHED. LETTER FROM JOSEPH P. KEHOE, ASSISTANT DIRECTOR TO BOARD OF DIRECTORS, CARTERET SAVINGS BANK RE: CLASSIFICATION ADJUSTMENTS

DX 384

09/20/1990

AMBNP030822 -030839

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 30 of 236 Page 28 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 391 Date 12/20/1990 Bates Range C-AM-A-0274283 -0274284 ADIIS Range Description

LETTER FROM RANDOLPH H. ELKINS TO ANGELO VIGNA, DISTRICT DIRECTOR, OTS NY RE: CARTERET SAVINGS BANK, FA REQUEST INFORMAL REVIEW OF REPORT OF EXAM. LETTER FROM JOSEPH P. KEHOE TO THE BOARD OF DIRECTORS, CARTERET SAVINGS BANK, FA RE: RESPONSE TO JANUARY 25, 1991 LETTER AND REQUEST FOR ADJUSTMENTS TO RECORD PROVISIONS OTS RESOLUTION NO. 91-1 DATED 02/14/91 "TEMPORARY ORDER TO CEASE AND DESIST" WOP333 0214 - 0216 LETTER FROM ANGELO A. VIGNA, REGIONAL DIRECTOR TO NICHOLAS J. KETCHA, JR, REGIONAL DIRECTOR, FDIC RE: QUESTIONS, CONCERNS AND ISSUES NOTES WITH RESPECT TO THE PROPOSAL BY AMBASE TO ISSUE A $30 MILLION NOTE TO SATISFY ITS OBLIGATION TO CARTERET SAVINGS BANK, FA

DX 393

01/29/1991

C-AM-A-0274415 -0274415

*DX 394

02/14/1991

AM014786 - -014795

DX 396

12/05/1990

1 Pursuant

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 31 of 236 Page 29 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 398 Date 01/29/1991 Bates Range ADIIS Range WOQ699 0465 - 0467 Description

LETTER FROM NICHOLAS J. KETCHA, JR, REGIONAL DIRECTOR, FDIC TO ANGELO A. VIGNA, REGIONAL DIRECTOR, OTS RE: CARTERET SAVINGS BANK, FA, MORRISTOWN, NJ LEGAL DRAFT, NOTICE OF INTENTION TO TERMINATE INSURED STATUS FINDINGS, AND ORDER SETTING HEARING FDIC -91, IN THE MATTER OF CARTERET SAVINGS BANK, FEDERAL ASSOCIATION, MORRISTOWN, NJ LETTER FROM NICHOLAS J. KETCHA JR., REGIONAL DIRECTOR, FDIC TO ANGELO A. VIGNA, REGIONAL DIRECTOR, OTS RE: CARTERET SAVINGS BANK FA REQUEST TO EXTEND APPROVED CAPITAL PLAN FOR 90 DAYS PAST THE SCHEDULED MAY 27, 1992 EXPIRATION DATE LETTER FROM NICHOLAS J. KETCHA, JR, REGIONAL DIRECTOR, FDIC TO ANGELO A. VIGNA, REGIONAL DIRECTOR, OTS RE: REQUEST TO EXTEND THE RECAPITALIZATION DEADLINE TO OCTOBER 15, 1992

DX 405

XX/XX/1991

WOR659 0031 - 0041

DX 407

05/21/1992

WOP332 0712 - 0712

DX 408

07/02/1992

WOP332 0758 - 0759

1 Pursuant

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 32 of 236 Page 30 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 412 Date 11/02/1992 Bates Range ADIIS Range WOP334 0703 - 0706 Description

LETTER FROM NICHOLAS J. KETCHA JR., REGIONAL DIRECTOR TO ANGELO A. VIGNA, REGIONAL DIRECTOR, OTS RE: CARTERET SAVINGS BANK FA, CONCERN OVER CONTINUING UNSAFE AND UNSOUND CONDITION OF CARTERET LETTER FROM DONALD KRAMER TO BRUCE W. BEAN, EXECUTIVE VICE PRESIDENT AND GENERAL COUNSEL, AMBASE CORPORATION RE: CARTERET ANALYSIS PRESS RELEASE; CARTERET BOOSTS RESERVES IMPERIAL PREMIUM FINANCE SALE EVALUATION PREPARED FOR OTS MEETING MINUTES (DRAFT) CARTERET SAVINGS BANK, FA BOARD OF DIRECTORS MEETING TRANSCRIPT, OTS 1991 EXAMINATION PRESENTATION INTERNAL MEMORANDUM FROM JOHN C. GRIFFIN, ASSISTANT DIRECTOR I TO FILE RE: SUMMARY OF MEETING WITH CARTERET SAVINGS BANK FA, OTS-DOCKET #04702

DX 414

05/21/1990

AMB0011044 -B0011066

PAM002 3577 - 3599

DX 418 DX 419 DX 426

XX/XX/XXXX 07/26/1991 11/20/1991 AM00065167 -00065174 C-AM-A-0213912 -A0213965

WOP291 0518 - 0521 WOQ692 2182 - 2188 RAM004 0491 - 0498

DX 427 DX 429

11/20/1991 11/06/1991

CAM152 1290 - 1343 WOQ653 0277 - 0280

1 Pursuant

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 33 of 236 Page 31 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 430 Date 01/14/1992 Bates Range AM00048418 - -48424 ADIIS Range RAM009 1750 - 1756 Description

LETTER FROM RICHARD A. BIANCO, CHAIRMAN AND CEO AND DONALD KRAMER, VICE CHAIRMAN AND CFO TO NICHOLAS J. KETCHA, JR., REGIONAL DIRECTOR, FDIC RE: RESPONSE TO PREVIOUS LETTER DATED DECEMBER 10, 1991. LETTER FROM DONALD KRAMER TO DAVID DUPREE, PRINCIPAL, CARLYLE GROUP RE: BANK DATA AND FORECAST MEMORANDUM FROM KEVIN ALBERT TO DICK BIANCO RE: PENNSYLVANIA TEACHERS MEMORANDUM FROM ROBERT B. O'BRIEN, JR., CHAIRMAN TO ROBERT D. PIERSON, VICE CHAIRMAN AND ROBERT J. MUELLER, PRESIDENT RE: BUDGET CONSIDERATIONS MEMO FROM JACK R. PLAXE TO M. MANLEY, B.W.BEAN, J.J. MCHUGH, R.L. BRAUN, T.A. BABCOCK, WITH EXECUTIVE SUMMARY REPORT ON REVIEW PROCEDURES CARTERET SAVINGS BANK, FA AND SUBSIDIARIES

DX 432

09/30/1992

C-AM-A-0178322 -0178323 AMB070649 - -070649

CAM132 0505 - 0506

DX 435

08/10/1992

RAM023 0951 - 0951

DX 440

08/12/1987

C-AM-A-0383394 -0383396

CAM330 1125 - 1127

DX 441

10/12/1987

AMB034833 - -034833 AMB027706 - -B027714

PAM010 0976 - 0984

1 Pursuant

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 34 of 236 Page 32 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 443 Date 10/22/1987 Bates Range KH013674 - -13674 ADIIS Range RAM020 0289 - 0289 Description

LETTER FROM ROBERT B. O'BRIEN, JR. CHAIRMAN, CARTERET SAVINGS BANK TO MARSHALL MANLEY, PRESIDENT AND CEO, THE HOME GROUP INC. RE: HOME GROUP CONTRACTUAL OBLIGATIONS UNDER THE AGREEMENT AND PLAN OF REORGANIZATION DATED AUGUST 4, 1987 LETTER FROM MARSHALL MANLEY TO ROBERT B. O'BRIEN, JR., CHAIRMAN CARTERET BANCORP INC. RE: RESPONSE TO LETTER OF OCTOBER 22, 1987 LETTER FROM BRUCE BEAN, SENIOR VICE PRESIDENT AND GENERAL COUNSEL TO ROBERT B. O'BRIEN, JR. RE: RESPONSE TO OCTOBER 22 LETTER TO MARSHALL MANLEY NEWSPAPER ARTICLE FROM MIAMI REVIEW, THURSDAY NOVEMBER 19, 1987 VOL. 62 NO. 113 LETTER FROM MARSHALL MANLEY TO HOME GROUP SHAREHOLDERS RE: STATUS REPORT ON THE CARTERET ACQUISITION

DX 444

10/28/1987

KH013677 - -13677

RAM020 0292 - 0292

DX 445

10/28/1987

AMB0004106 -0004108

PAM004 0233 - 0235

DX 446

11/19/1987

AMB044355 - -044356

PAM008 0421 - 0422

DX 447

12/14/1987

AMB0005220 -0005221

PAM004 1347 - 1348

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 35 of 236 Page 33 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 453 Date 09/12/1989 Bates Range AMB048178 - -048179 ADIIS Range PAM008 0900 - 0901 Description

AMBASE NEWS RELEASE: "CARTERET MEETS NEW FEDERAL CAPITAL STANDARDS" NEWS PAPER ARTICLE, FINANCIAL WORLD SECTION ARTICLE BY ALEXANDRIA BIESADA "WHAT EVER MANLEY TAKES, MANLEY BREAKS AND LITTLE AMBASE MANLEY BROKE YOU..." LETTER FROM AMBASE CORPORATION TO MARSHALL MANLEY RE: AGREEMENT LETTER REGARDING RESIGNATION AS A DIRECTOR AND EMPLOYEE OF AMBASE SPECIAL REPORT AMBASE CORPORATION FHLBB MEMORANDUM FROM WALTER B. MASON, ASSISTANT REGIONAL DIRECTOR TO BERNIE MCKEE, REGIONAL DIRECTOR, FSLIC RE: FIRST FS&LA DELRAY BEACH, FL FHLBB NO. 5403

DX 454

04/17/1990

WOP326 2553 - 2555

DX 455

01/31/1991

WOP343 0032 - 0044

DX 457 DX 462

XX/XX/XXXX 09/29/1982

WOQ678 1293 - 1364 WOR059 0377 - 0377

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 36 of 236 Page 34 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 463 Date 09/30/1982 Bates Range ADIIS Range WOF011 1801 - 1801 Description

MEMORANDUM FROM WILLIAM E. CHALKER, SUPERVISORY AGENT TO BERNIE MCKEE, REGIONAL DIRECTOR, FSLIC RE: FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION, DELRAY BEACH, FL MERGER SHOPPING - OVERBID FHLBB MEMO FROM EDWARD J. O'CONNELL, III TO BERNARD MCKEE, REGIONAL DIRECTOR, FSLIC RE: PROPOSED ACQUISITION FIRST FS&LA OF MONTGOMERY COUNTY AND MOUNTAIN SECURITY SAVINGS BANK INTO CARTERET SAVINGS BANK, FA LETTER FROM CARLA M. O'CONNOR, ASSISTANT SECRETARY TO JOHN GRIFFIN, ASSISTANT DIRECTOR, OTS RE: AMENDED THRIFT FINANCIAL REPORTS FOR CARTERET SAVINGS BANK FOR THE QUARTERS-ENDED DECEMBER 31, 1989 THROUGH DECEMBER 31, 1990

DX 469

06/02/1986

AM030676 - -030678

DX 475

06/04/1990

AM046267 - -046326

DX 476

07/12/1989

WOT692 1351 - 1353

EXAMINATION DIVISION, INFORMATIONAL REPORT FROM RUSSELL J. MEYER, EXAMINER-IN-CHARGE TO ROBERT ALBANESE, DISTRICT DIRECTOR

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 37 of 236 Page 35 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 479 Date 10/04/1989 Bates Range ADIIS Range WOT692 1327 - 1328 Description

MEMORANDUM OF ORAL COMMUNICATION WITH RUSS MEYER, EIC RE: INTERIM MEETINGS INTERIM REPORT FROM RJ MEYER, EIC TO DAVID DORGAN, SADD, JOSEPH KEHOE, AD, SCOTT B. SMITH, FS AND ROSA SMITH RE: CARTERET SAVING SBANK, FA EXAM DATE JUNE 4, 1990 REPORT OF EXAMINATION, HOLDING COMPANY JUNE 4, 1990

DX 482

08/17/1990

WOP343 1027 - 1030

DX 484 DX 485

06/04/1990 08/15/1990

C-AM-A-0054335 -0054366 WOQ620 2293 - 2304

INTEROFFICE MEMORANDUM FROM MICHAEL E. FINN TO ANGELO A. VIGNA, ROBERT C. ALBANESE, MICHAEL L. SIMONE, DAVID R. DORGAN, ELAINE R. KILLOUGH, SCOTT B. SMITH AND RUSSELL J. MEYER RE: RESPONSE TO WASH INFORMATION REQUEST REGARDING CARTERET SB MEMORANDUM FROM JOHN MUDD, WORKOUT COUNSEL TO: DISTRIBUTION RE: CREDIT COMMITTEE - APPROVALS BOARD OF DIRECTORS - APPROVALS/NOTICE OTS APPROVALS/NOTICE

DX 494

10/23/1991

AMB033821 - -033822

PAM010 1225 - 1226

1 Pursuant

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 38 of 236 Page 36 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 497 Date 06/11/1992 Bates Range ADIIS Range WOQ673 0954 - 0954 Description

MEMORANDUM FROM CRAIG M. ROSEN TO WAYNE MOOR RE: LA MIRADA SHOPPING CENTER LETTER FROM DONALD KRAMER TO KEVIN ALBERT, MERRILL LYNCH AND COMPANY RE: RESPONSE TO QUESTIONS TRIAL BALANCE OF LOANS, REO AND RESERVES AS OF MAY 31,1992, CARTERET SAVINGS BANK, COMMERCIAL ASSETS DIVISION COMMERCIAL ASSET PORTFOLIO ANALYSIS, NOVEMBER 30, 1992 MEETING MINUTES, SPECIAL BOARD OF DIRECTORS MEETING, AUGUST 4, 1987 (DRAFT) LETTER FROM ELEONORE B. MCCABE TO ROBERT J. MUELLER RE: ROBERT J. MUELLER CURRENT AND AMENDED EMPLOYMENT AGREEMENTS

DX 505

12/16/1991

C-AM-A-0178890 -0178892 KH058520 - -059095

CAM132 1086 - 1088

DX 506

06/22/1992

RAM034 0714 - 1289

DX 507 DX 537

11/30/1992 08/04/1987

C-AM-A-0103662 -0103687

CAM089 0287 - 0312 WOQ654 0491 - 0527

DX 540

01/22/1988

WOQ654 0035 - 0036

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 39 of 236 Page 37 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 541 Date 01/22/1988 Bates Range ADIIS Range WOQ654 0034 - 0034 Description

LETTER FROM ELEONORE B. MCCABE TO ROBERT J. MUELER RE: REVISED SCHEDULE OF BENEFITS UNDER CURRENT AND AMENDED CARTERET EMPLOYMENT AGREEMENTS LETTER FROM ROBERT J. MUELLER, PRESIDENT TO MICHAEL SIMONE, VICE PRESIDENT, FHLBB RE: OUTSTANDING ISSUES CLASSIFIED ASSETS MEMORANDUM FROM GEOFFREY M, CONNOR, SENIOR VICE PRESIDENT TO ROBERT D. PIERSON, VICE CHAIRMAN RE: MONTHLY REPORT

DX 542

06/06/1988

OAM004 1062 - 1063

DX 545

11/01/1988

AMB0008431 -0008432

DX 546

11/08/1988

WOQ654 0047 - 0047

LETTER FROM ROBERT B. O'BRIEN, CHAIRMAN TO ROBERT J. MUELLER RE: CONFIRMATION OF TERMINATION OF EMPLOYMENT WITH CARTERET SAVINGS BANK, FA EFFECTIVE JAN.

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 40 of 236 Page 38 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # *DX 547 Date 05/20/1992 Bates Range C-AM-A-0057163 -0057165 ADIIS Range WOQ673 0200 - 0203 CAM051 0014 - 0016 Description

STIPULATION AND CONSENT TO ISSUANCE OF ORDER TO CEASE AND DESIST IN THE MATTER OF ROBERT J. MUELLER, FORMER DIRECTOR AND PRESIDENT, CARTERET SAVINGS BANK; RESOLUTION NO, NE92-52; ALSO ORDER TO CEASE AND DESIST AND DIRECTION TO MAKE RESTITUTION AND TO TAKE OTHER AFFIRMATIVE ACTION IN THE MATTER OF ROBERT J, MUELLER RESOLUTION NO. NE-92-52 LETTER FROM LAWRENCE W. HAYES, SENIOR ASSOCIATE GENERAL COUNSEL TO ROBERT B. O'BRIEN JR., CHAIRMAN, PRESIDENT AND CEO, CARTERET SAVINGS AND LOAN ASSOCIATION, FA RE: SEPTEMBER 30, 1982 FORBEARANCE LETTER EMPLOYMENT CONTRACT BETWEEN CARTERET SAVINGS AND LOAN ASSOCIATION, FA AND ROBERT B. O'BRIEN, JR.

*DX 558

10/12/1982

AMB000020 - -000020

PAM001 0099 - 0099

DX 560

05/11/1983

WOT692 2021 - 2049

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 41 of 236 Page 39 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 563 Date XX/XX/XXXX Bates Range ADIIS Range WOT682 0770 - 0777 Description

LETTER FROM ROBERT B. O'BRIEN JR. TO MICHAEL SIMONE, SUPERVISORY AGENT FHLB OF NEW YORK RE: REQUEST FOR FORBEARANCE AND AMENDMENT TO THE PROPOSED ACQUISITION BY CARTERET SAVINGS BANK, FA OF FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MONTGOMERY COUNTY AND MOUNTAIN SECURITY SAVINGS BANK AND ADMIRAL-BUILDERS SAVINGS AND LOAN NEWSPAPER ARTICLE" WELL-ESTABLISHED IN JERSEY AND FLORIDA CARTERET LOOKS AT THE STATES IN-BETWEEN" BY MARK BASCH DOCUMENTATION RE: MESSRS. O'BRIEN, PIERSON AND MUELLER INCENTIVES, PERQUISITES AND BENEFITS MEMORANDUM FROM ROBERT B. O'BRIEN, JR. TO ALL OFFICERS AND DEPARTMENT HEADS RE: CHANGES IN MANAGEMENT STRUCTURE MEMORANDUM FROM ROBERT B. O'BRIEN, JR., CHAIRMAN TO FILE -N821BJ RE: SALE OF AIRPLANE

DX 564

XX/XX/XXXX

OAM004 1260 - 1262

DX 566

07/07/1987

WOQ654 0109 - 0112

DX 573

11/03/1989

WOQ645 1674 - 1674

DX 574

12/21/1989

WOQ628 0408 - 0408

1 Pursuant

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 42 of 236 Page 40 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 575 Date 12/22/1989 Bates Range ADIIS Range WOQ628 0367 - 0367 Description

LETTER FROM BRUCE W. BEAN, ON BEHALF OF ROBERT O'BRIEN RE: SECURING A SHORT TERM LOAN; CONFIRMATION OF MR. O'BRIEN INCENTIVE BONUS FOR 1989 MEMORANDUM FROM ROBERT B. O'BRIEN, JR., CHAIRMAN TO ROBERT C. WALSH, PRESIDENT RE: MEETINGS WITH MARSHALL MANLEY LETTER FROM ROBERT B. O'BRIEN TO GEORGE T. SCHARFFENBERGER, CHAIRMAN AND CEO, AMBASE CORPORATION RE: EMPLOYMENT CONTRACT PAYOUTS LETTER FROM ROBERT B. O'BRIEN TO GEORGE T. SCHARFFENBERGER, CHAIRMAN, PRESIDENT AND CEO, AMBASE CORPORATION RE: ONGOING COOPERATION WITH AMBASE MEMORANDUM FROM ROBERT E. MCCARTHY TO BOARD OF DIRECTORS, OF CARTERET SAVINGS BANK, FA RE: PROPOSED AGREEMENT WITH GREAT WESTERN BANK

DX 576

02/23/1990

WOQ600 2155 - 2156

DX 579

03/23/1990

WOQ604 0003 - 0003

DX 580

04/05/1990

WOP338 0773 - 0773

DX 581

06/04/1990

WOQ682 1487 - 1488

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 43 of 236 Page 41 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 585 Date 04/01/1991 Bates Range ADIIS Range WOQ674 0947 - 0950 Description

MEMORANDUM FROM ROBERT O'BRIEN TO GEORGE SCHARFFENBERGER AND ROBERT WALSH RE: RETIREMENT MEMORANDUM FROM THOMAS J. O'ROURKE, SENIOR EXAMINER TO LEO O. MCCABE, EVP CARTERET SB FA RE: GDV FINANCIAL (GDVFC) $55 MILLION LOAN PORTFOLIO REPORT OF EXAMINATION, CARTERET SAVINGS BANK, FA DATE OF EXAMINATION JUNE 4, 1990

DX 593

08/30/1990

AMB066569 - -066569

DX 595

06/04/1990

AMBNP028465 -028508 WOQ685 0366 - 0366

DX 597

05/14/1991

MEMORANDUM OF ORAL COMMUNICATION BY MICHAEL FINN WITH TOM O'ROURKE RE: CSB 1990 BONUSES/ARBITRATION LETTER FROM MR. KRAMER, VICE CHAIRMAN TO ROBERT B. O'BRIEN, JR RE: NICKERSON LOAN DEFAULT AND REPAYMENT OF ADVANCES EXHIBIT "A" SUMMARY-- CRIMINAL REFERRAL DUE TO ACTIONS BY FORMER CARTERET EMPLOYEE RICHARD C. TAPPEN

DX 600

11/22/1991

C-AM-A-0383427 -0383427

DX 602

XX/XX/XXXX

KH090916 - -90925

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorporated by reference.

1 Pursuant

Case 1:93-cv-00531-LAS

Document 253

Filed 01/22/2008

Page 44 of 236 Page 42 of 233

AMBASE V. UNITED STATES Case No. 93-531C TRIAL EXHIBIT LIST (DXs) BY EXHIBIT ORDER
as of 1/22/08 Exhibit # DX 625 Date 12/18/1990 Bates Range ADIIS Range WOP763 1005 - 1005 Description

LETTER TO CHARLES O'TOOLE, MANAGER OF CORPORATE ACTIVITIES RE: SALE OF FIVE CARTERET BRANCHES TO BANKERS LETTER FROM SCOTT D. SAMLIN TO CHARLES P. O'TOOLE, MANAGER CORPORATE ACTIVITIES, OTS RE: RESPONSE TO COMMENTS OF NOVEMBER 20, 1990 OFFICE OF THRIFT SUPERVISION/ NORTHEAST REGION COMMENTS ON SALE OF FIVE BRANCHES. INTERNAL MEMORANDUM FROM JOSEPH P. KEHOE TO CHARLES O'TOOLE RE: OPERATIONS DENIAL OF CARTERET SB'S BRANCH SALE APPLICATION TO SELL FIVE NEW JERSEY BRANCHES TO SUMMIT TRUST AND SOMERSET TRUST INTEROFFICE MEMORANDUM FROM DAVID DORGAN TO CHARLES O'TOOLE RE: CARTERET APPLICATION TO PURCHASE IBF LETTER FROM CHARLES P. O'TOOLE TO ROBERT B. HUNTER, ESQ, THE HOME GROUP INCORPORATED RE: REGULATORY CAPITAL MAINTENANCE/DIVIDEND AGREEMENT

DX 628

12/03/1990

WOP763 1395 - 1398

DX 630

12/04/1990

WOP763 0700 - 0701

DX 631

02/05/1991

WOP326 0618 - 0621

DX 639

04/11/1988

WOR060 2499 - 2501

DX 640

11/28/1988

C-AM-A-0367000 -0367000

1 Pursuant

to Appendix A, Paragraph 16 of the Rules of the Court of Federal Claims, this exhibit list identifies with asterisks those documents Defendant expects to introduce into evidence. Defendant may seek to introduce into evidence other documents on this exhibit list if the need arises as well as exhibits on the exhibit list of plaintiff and plaintiff-intervenor, which are incorpo