Free Motion for Discovery - District Court of Federal Claims - federal

Case 1:05-cv-00748-CCM

Document 27-2 Filed 02/28/2007 Page 1 of 5 U.S. Department of Justice Tax Division
Please reply to: Court of Federal Claims Section

Facsimile No. (202) 514-9440 Trial Attorney: Cory A. Johnson Attorney's Direct Line: 202-307-3046

P.O. Box 26 Ben Franklin Station Washington, D.C. 20044

EJO'C:DG:CAJohnson 154-2322 CMN 2005105383

February 27, 2007 Via E-Mail and U.S. Mail Robert E. Kolek Schiff Hardin LLP 6600 Sears Tower Chicago, IL 60606 Re: Stobie Creek Investments v. United States

Dear Bob: I am writing to amend the supplemental disclosures, under RCFC 26(a), that we sent to you on February 23, 2007. These amendments add the subjects about which the persons previously identified may have information. Listed below are the individuals identified in my letter of February 23rd. I have also added two additional individuals ­ William Vogel and Bryan Lee. Please note that we have indicated the organization or firm that each individual was associated with at the times relevant to this case. It is our understanding that many of the individuals are no longer with these firms or organizations. Individual Jason Shih DB Alex Brown Baltimore, Maryland Kevin Lynch DB Alex Brown Chicago, Illinois Jeannette Kwong DB Alex Brown Chicago, Illinois Potential Subjects Development, pricing, promotion, and implementation of "digital options" tax shelter. Development, pricing, promotion, and implementation of "digital options" tax shelter. Implementation, processing, accounting, and booking of "digital options."

Case 1:05-cv-00748-CCM

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-2David Parse DB Alex Brown Chicago, Illinois Communications with plaintiff and Welles family. Development, pricing, promotion and implementation of "digital option" tax shelter, including transactions at issue in this case. Fees for shelter, including fees charged for shelter at issue in this case. Communications with Jenkens & Gilchrist regarding shelter. Development, pricing, promotion and implementation of "digital option" tax shelter. Fees charged for shelter. Communications with Jenkens & Gilchrist regarding shelter. Development, pricing, promotion and implementation of "digital options" tax shelter, including transactions at issue in this case. Fees charged for shelter, including fees for shelter at issue in this case. Communications with Jenkens & Gilchrist regarding shelter. Development, pricing, promotion and implementation of tax shelter. Fees charged and profit earned for shelter, including shelter at issue in this case. Development, pricing, promotion and implementation of "digital options" tax shelter. Fees earned for shelter. Development, pricing, promotion and implementation of "digital options" tax shelter. Development, pricing, promotion and implementation of "digital options" tax shelter.

Craig Brubaker DB Alex Brown Dallas, Texas

Daniel Brooks Deutsche Bank New York, New York

William Boyle Deutsche Bank New York, New York

Todd Clendening DB Alex Brown Dallas, Texas Jeffrey Rupp DB Alex Brown Dallas, Texas Nancy Donohue Deutsche Bank

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-3Perry Parker Deutsche Bank New York, New York Development, pricing, promotion and implementation of "digital options" tax shelter. Fees charged and profit earned for shelter. Processing, accounting, and booking of "digital options," including "digital options" at issue in this case. Implementation of tax shelter, including transactions at issue in this case, and processing, accounting, and booking of "digital options," including "digital options" at issue in this case. Communications with Jenkens & Gilchrist. Development, pricing, promotion, and implementation of "digital options" tax shelter. Fees charged for shelter. Development, pricing, promotion and implementation of "digital options" tax shelter. Communications with Jenkens & Gilchrist. Processing, accounting, booking, and risk management of options and "digital options" tax shelter. Development, pricing, promotion and implementation of "digital option" tax shelter, including transactions at issue in this case. Processing, accounting, booking, and risk management of "digital options," including "digital options" at issue in this case. Development, pricing, promotion and implementation of "digital option" tax shelter. Communications with Jenkens & Gilchrist.

Christopher Chilcoat Deutsche Bank

Carrie Yackee DB Alex Brown Chicago, Illinois

Rod Mackay DB Alex Brown Chicago, Illinois Tom Tahl Deutsche Bank

Matthew Connelly Deutsche Bank

Rick Pychewicz Deutsche Bank

Ross Crawford Deutsche Bank

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-4William Heaney Deutsche Bank Development, pricing, promotion and implementation of "digital option" tax shelter. Processing, accounting, booking and risk management of "options." Implementation, processing, accounting, booking, and risk management of "digital option" tax shelter, including "digital options" at issue in this case. Implementation, processing, accounting, booking, and risk management of "digital options." Implementation, processing, accounting, booking and risk management of "digial option" tax shetler, including "digital options" at issue in this case. Promotion and implementation of "digital options" tax shelter at issue in this case. Alleged business purpose and activities of plaintiff and other entities formed as part of shelter. Redemption of Therma-Tru stock. Welles participation in tax shelter, and communications with Welles about shelter. Redemption of Therma-Tru stock. Welles participation in tax shelter, and communications with Welles about shelter. Communications with Jeffrey Welles about "digital options" tax shelter. Pricing of "digital options" at issue in this case. Communications with Jeffrey Welles about "digital options" tax shelter. Pricing of "digital options" at issue in this case.

Jeanette Michaels Deutsche Bank

Chuck Binder Deutsche Bank

William Vogel Deutsche Bank

Larry Goldstein North Channel LLC New York, New York

Jeffrey Kenner Kenner & Co. New York, New York

Mark Deutsche Kenner & Co. New York, New York Neil Bresolin Goldman Sachs New York, New York Frank Edwards Morgan Stanley New York, New York

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-5Bryan Lee Jenkens & Gilchrist Dallas, Texas Development of "digital options" tax shelter and preparation of opinion letters, including opinions at issue in this case.

The above descriptions of potential subjects of discoverable information are not intended to concede the admissibility of, or limit any potential testimony by, witnesses at trial or in deposition. Please do not hesitate to call me if you have any questions about this matter.

Sincerely, s/ Cory A. Johnson Cory A. Johnson

cc: Stuart D. Gibson