Free Response to Motion - District Court of Federal Claims - federal

Case 1:05-cv-00748-CCM

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

Document 22-9 Filed 12/29/2006 Page 1 of 8 u.s. Departme~ ,f Justice
Tax Division
Please reply to: Court of Federal Claims Section P.D. Box 26

Ben Franklin Station Washington, D.C. 20044

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

August 4, 2006
Via Federal Express
.¡

Robert E. Kolek Schiff Hardi LLP 6600 Sears Tower Chicago, IL 60606
Re: Stobie Creek Investments v. United States

Dear Bob:

As you requested, enclosed are copies of additional documents produced to us by Jenkens & Gilchrst puruant to our subpoena. We have transferred the documents to the external hard
disk drve you sent to us. Please note that this disk drve contained a folder named "Miles

Documents" when we received it from you. We did not open this folder and it does not contain any documents produced in ths case.
Please call me if you have any questions.

Enclosures
cc w/o enc: Stuar D. Gibson

'"

..

J Exhibit 8

I

(Yf(j l/ óC

Case 1:05-cv-00748-CCM

Document 22-9 Filed 12/29/2006 Page 2 of 8 u.s. Departmen. l Justice
Tax Division
Please reply to: Court of Federal Claims Section P.D. Box 26

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

Ben Franklin Station Washington, D.C. 20044

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

September 19, 2006

Via Federal Express
""

Robert E. Kolek
Schiff Hardin LLP

6600 Sears Tower Chicago, IL 60606
Re: Stobie Creek Investments v. United States
Dear Bob:

Enclosed is a CD containing documents originally produced by J enkens & Gilchrst are numbered 00000 - 00583. concernng Stephen Bores. They
Please call if you have any questions.

sino/~
gt ~hnson
cc: Stuar D. Gibson (w/o enclosures)

Co)' KJIJR

Case 1:05-cv-00748-CCM

Document 22-9

Filed 12/29/2006

Page 3 of 8

u.s. Departmen" ..1.' Justice

Tax Division
Please reply to: Court of Federal Claims Section P.D. Box 26

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

Ben Franklin Station Washington, D.C 20044

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

September 26, 2006

Via Federal Express
""

Robert E. Kolek
Schiff

Hardin LLP

6600 Sears Tower Chicago, IL 60606
Re: Stobie Creek Investments v. United States

Dear Bob:
Enclosed is the external hard drve you sent to us. We have copied unto it the information and documents on the hard drve provided to us by Deutsche Ban pursuant to our

subpoena. The documents are numbered DOJ STOBIE 00033891 through DOJ STOBIE 00236392.
Please call if you have any questions.

cc: Stuar D. Gibson (w/o enclosures)

¡1(fY t;OK

Case 1:05-cv-00748-CCM

Document 22-9

Filed 12/29/2006

Page 4 of 8

Johnson, Cory A. (TAX)
From: Sent:
To: Cc:

rkolek~schiffhardin. com
Monday, October 30, 2006 10:41 AM Johnson, Cory A. (TAX)

CFeeney~schiffhardin. com
RE: stobie creek

Subject:

Yes, we received them.

Bob
Robert E. Kolek Schiff Hardin LLP 6600 Sears Tower
233 S. Wacker

Dr.

Chicago, Illinois 60606-6473 312-258-5755 Direct Dial 312-258-5700 Fax Email: rkolek~schiffhardin.com
-----Original Message-----

From: Cory.A.Johnson~usdoj .gov (mailto:Cory.A.Johnson~usdoj .govJ
Sent: Monday, October 30, 2006 8:43 AM To: Kolek, Robert E. Subj ect: FW: stobie creek

Bob,
I did not hear back from you on this. Could you confirm that you received the documents SLK produced in response to our subpoena.

Thanks.
Cory

To: Robert Kolek (rkolek~schi f fhardin. com)
Subj ect: stobie creek

From: Johnson, Cory A. (TAX) Sent: Wednesday, October 18, 2006 9:14 AM

Bob,
I wanted to confirm that you got copies of the documents produced by SLK in July in response to our subpoena (SLK-0001 - SLK-9650). We assumed you did because you were copied on their letter that accompanied the production. Please let me know whether or not

you received copies.
Thanks.
Cory

Tax Matters: To the extent this message or any attachment concerns tax matters, it is not intended or written to be used, and cannot be used by a taxpayer, for the purpose of avoiding penal ties that may be imposed on the taxpayer under law.
This message and any attachments may contain confidential information protected by the attorney-client or other privilege. If you believe that it has been sent to you in error, please reply to the sender that you
1

Case 1:05-cv-00748-CCM

Document 22-9

Filed 12/29/2006

Page 5 of 8

u.s. Department ~_ Justice
Tax Division
Please reply to: Court of Federal Claims Section P.D. Box 26

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

Ben Franklin Station Washington, D.C. 20044

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

November 8, 2006

Via U.S. Mail

Robert E. Kolek
Schiff Hardin LLP 6600 Sears Tower Chicago, IL 60606

Re: Stobie Creek Investments v. United States
Dear Bob:

Enclosed is a CD with additional documents produced by Jenkens & Gilchrst. Also enclosed is the letter we received from Jenkens' counsel explainng the documents contained on you have any questions. the CD. Please call if

cc: Stuar D. Gibson

-- /r 1/1 I". r "'_

UJ/lr

Case 1:05-cv-00748-CCM

Document 22-9

Filed 12/29/2006

Page 6 of 8

DAVIS POLK & WARDWELL
1300 I STREET, N. W.

WASHINGTON, D.C 20005
1600 EL CAMINO REAL MENLO PARK, CA 94025

450 LEXINGTON AVENUE NEW YORK, N.Y. i 00 17
2 I 2 450 4000 FAX 2 I 2 450 3800
WRITER'S DIRECT

ME55ETURM

60308 FRANKFURT AM MAIN

MAROUÉS DE LA ENSENADA, 2 28004 MADRID

99 GRESHAM STREET LONDON EC2V 7NG
I 5, AVENUE MATIGNON

I -6- I ROPPONGI
MINATO-KU. TOKYO 106-6033

212 450 4946

r1ippman(gdpw.com
75008 PARIS
3A CHATER ROAD HONG KONG

Confidential Treatment Requested
October 18, 2006

Re: Jenkens & Gilchrist
Cory A. Johnson, Esq. Trial Attorney Tax Division, U.S. Deparent of Justice P.O. Box 26

Ben Franlin Station Washigton, DC 20044
Dear Mr. Johnson:

Enclosed on behalf of our client Jenkens & Gilchrst ("J&G"), please find a compact disc ("CD") containing certin .tiffimages that you indicated bye-mail earlier today are missing from our May 30, 2006 production in connection with the litigation in Stobie Creek Investments LLC v. United States (No. 05-748). In paricular, the enclosed CD contais the following Concordance images from the
J&G "Client Files":

(1) Images, in .tiffformat, for the 2,155 pages from JG-CL0280868 to JGCL0283022 that appear to have been missing from our original production. (2) Images, in .tiffformat, for the 17 pages that constitute the document bearng bates stamp numbers JG-CL0480555 to JG-CL0480571. It appears that the image for JG-CL0480568 was missing from our origial production.
(3) Images, in .tiff format, for the 4 pages that constitute the document bearng bates stamp numbers JG-CL0615133 - JG-CL0615136. It appears that the image for JG-CL0615133 was missing from our original production, and that the images for JG-CL0615134 to JG-CL0615136
were improperly numbered. Unfortately, JG-CL0615133 was not

scaned properly and, therefore, we do not have this page in our database.

Case 1:05-cv-00748-CCM

Document 22-9

Filed 12/29/2006

Page 7 of 8

Cory A. Johnson, Esq.

2

October 18, 2006

Accordingly, we have created a blan page for JG-CL0615133 that indicates that the image is not available, and have renumbered the images for JG-CL615134 to JG-CL0615236 so that they follow properly in
sequence. Please let us know if you would like us to attempt to locate a

hard copy of the missing page.

The materials we have provided contai information that is confidential,
proprietar, and otherwise sensitive. Accordingly, the enclosed documents are

exempt from disclosure puruant to 5 U.S.c. § 552(b)(4) and other applicable

laws, regulations, and rules in response to any request made under the Freedom of
Information Act ("FOIA"). If

ths letter, or the material referenced herein, is or

becomes subject to a request for disclosure under FOIA, or in a context outside of the Stobie Creek litigation, please so inform us by contacting me and John Gillam of J&G at 214-855-4306. We request that you give such notice in suffcient time to enable J&G to oppose disclosure.
Due to the natue of

the materials produced, we request that the documents

be retued at the conclusion of the litigation described above.

If you have any questions, please do not hesitate to call me at the number listed above.

l)~- ~
Russell L. Lippman
Enclosure

Sincerely,

cc w/o ~mc: Maro J. Verdolin, Esq.
John A. Gillam, Esq.

Bv Overn2ht Courer

Case 1:05-cv-00748-CCM

Document 22-9

u.s. Department '- .rustice

Filed 12/29/2006

Page 8 of 8

Tax Division
Please reply to: Court of Federal Claims Section P.O. Box 26

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

Ben Franklin Station Washington, D.C. 20044

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

December 1, 2006
""

Via U.S. Mail

Robert E. Kolek
Schiff Hardin LLP

6600 Sears Tower Chicago, IL 60606
Re: Stobie Creek investments v. United States
Dear Bob:

Enclosed are copies of additional documents produced by Kenner & Co. in response to
our subpoena. They are numbered KC 3962 - KC 4482.

cc: Stuar D. Gibson