IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) v. ) Case No. 1:96CV01285 ) (Judge Robertson) DIRK KEMPTHORNE, Secretary of the Interior, ) et al., ) ) Defendants. ) __________________________________________) NOTICE OF FILING OF THE THIRTY-THIRD QUARTERLY REPORT FOR THE DEPARTMENT OF THE TREASURY The Department of the Treasury has prepared its Thirty-Third Quarterly Report on Actions Taken By the Department of the Treasury to Retain IIM-Related Documents Necessary For an Accounting and submits it to the Court in accordance with this Court’s Order of December 21, 1999. A copy of the report is attached hereto. Dated: March 3, 2008 Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General MICHAEL F. HERTZ Deputy Assistant Attorney General J. CHRISTOPHER KOHN Director /s/ John J. Siemietkowski ROBERT E. KIRSCHMAN, Jr. (D.C. Bar No. 406635) Deputy Director JOHN J. SIEMIETKOWSKI Trial Attorney Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, D.C. 20044-0875 Phone (202) 514-3368 Fax (202) 514-9163 CERTIFICATE OF SERVICE I hereby certify that, on March 3, 2008 the foregoing Notice of Filing of the Thirty-Third Quarterly Report for the Department of the Treasury was served by Electronic Case Filing, and on the following who is not registered for Electronic Case Filing, by facsimile: Earl Old Person (Pro se) Blackfeet Tribe P.O. Box 850 Browning, MT 59417 Fax (406) 338-7530 /s/ Kevin P. Kingston Kevin P. Kingston DEPARTMENT OF THE TREASURY BUREAU OF THE PUBLIC DEBT WASHINGTON, DC 20239·0001 March 3, 2008 MEMORANDUM FOR: JEFFREY S. BUCHOLTZ ACTING ASSISTANT ATTORNEY GENERAL CIVIL DIVISION U.S. DEPARTMENT OF JUSTICE FROM: PAUL G. WOLFTEICH0A/) CHIEF COUNSEL (,5:>..v­BUREAU OF THE PUBLIC DEBT DEPARTMENT OF THE TREASURY SUBJECT: THIRTY-THIRD QUARTERLY REPORT COBELL v. KEMPTHORNE Included with this cover memorandum is the «Thirty-Third Quarterly Report on Actions Taken by the Department of the Treasury to Retain lIM-Related Documents Necessary for an Accounting" (the Report). The Report has been prepared by the Department ofthe Treasury pursuant to the Court Order and Opinion in Cobell v. Babbitt (D.D.C. CV No. 96-1285), filed December 21, 1999. The Report includes infonnation concerning the Financial Management Service ("FMS"), the Bureau ofthe Public Debt ("BPD"), and certain Departmental Offices ("DO"). The Report was prepared based on infonnation provided by a number ofpro!:.rram offices from the above-described organi7..ations. The preparation ofthe Report included circulation of drafts of the Report to program offices that are responsible for the actions described in the Report. Comments were received from those offices and incorporated in the Report. Senior officials of FMS, BPD and DO reviewed the Report before it was submitted to the Department ofJustice. The Department of the Treasury stands ready to respond to any questions or concerns the Court may have after reviewing the Report. www.treasurydirect.gov THIRTY-THIRD QUARTERLY REPORT ON ACTIONS TAKEN BY THE DEPARTMENT OF THE TREASURY TO RETAIN IIM-RELATED DOCUMENTS NECESSARY FOR AN ACCOUNTING Cobell v. Kempthorne March 3, 2008 This is the Thirty-Third Quarterly Report filed by the Department of the Treasury (‘Treasury”) pursuant to the Court’s December 21, 1999 Order (“Order”) in the above-captioned case. It covers activities occurring over a three-month period from December 1, 2008 through February 29, 2008. The Order requires Treasury to report on the steps it has taken since the last quarterly report to preserve IIM-related documents. Treasury continues to preserve IIM-related documentation pursuant to the Court’s August 12, 1999 Order, which defines the trust records that Treasury must retain. During the past quarter, Treasury again issued reminders to ensure the retention of required records. The reminders Treasury issued include letters reminding banks (see Attachments A and C), the National Archives and Records Administration (NARA) (see Attachments D and E), Secret Service (see Attachment B), and employees of the Financial Management Service (FMS) and Bureau of the Public Debt (BPD) (see Attachments F and G) to continue preserving records related to this litigation. Retention instructions to pertinent Departmental Office (DO) employees continue to be posted on DO’s intranet site (see Attachment H). We also note that, on January 3, 2008, Kenneth R. Papaj retired from his position as Commissioner of FMS with more than 34 years of federal service. On January 4, 2008, Judith R. Tillman succeeded Ken Papaj as Commissioner. Also on January 4, 2008, David A. Lebryk, formerly Deputy Director (since October 2002) and Acting Director (from August 2005 to September 2006) of the U.S. Mint, assumed his new role as Deputy Commissioner of FMS. INDEX TO ATTACHMENTS The Department of the Treasury’s Thirty-Third Quarterly Report Attachment A February 12, 2008 letters issued by FMS to Mellon Bank and Bank America, reminding them to continue preserving all records pertinent to two lockbox accounts used to process IIM deposits (the accounts at both banks are now closed). Attachment B February 7, 2008 letter issued by FMS, reminding the U.S. Secret Service to continue preserving, until further notice, all Treasury checks that FMS forwards for investigation and related information and records. Attachment C Example of February 2008 Business Alert Message issued by FMS to all banks that act as Treasury’s financial agents and February 6, 2008 letter issued by FMS to all banks that formerly acted as Treasury’s financial agents, reminding them to continue to retain, indefinitely, records associated with Interior’s deposits to the Treasury General Account. Attachment D February 11, 2008 letter from BPD to NARA, reminding NARA to continue the “freeze” on BPD records at Federal Records Centers. Attachment E February 21, 2008 letter from FMS to NARA, reminding NARA to continue the “freeze” on FMS records at Federal Records Centers. Attachment F Global e-mail issued February 27, 2008 to all FMS employees, and posted on FMS’ intranet site, reminding employees to continue retaining records related to this litigation indefinitely and to continue utilizing the “Cobell Archive” mailbox to retain all IIM-related e-mail. Attachment G Global e-mail issued February 27, 2008 to all BPD employees, and posted on BPD’s intranet site, reminding employees to continue preserving IIM-related records indefinitely and sending all IIM-related e-mail to BPD’s dedicated mailbox. Attachment H Retention instructions to DO employees, posted on DO’s intranet site, including steps for sending e-mail documents to DO’s dedicated “Cobell” mailbox. Attachment A (10f2) DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE WASHINGTON, D.C. 20227 February 12, 2008 Mr. David H. Dunlap, Vice President Mellon Bank Mellon Client Service Center 500 Ross Street; Suite 154-1360 Pittsburgh, PA J5262-000I Re: Minerals Management Service Lockbox Account Agency Location Code 14170001, Lockbox Number 911-4258 Dear Mr. Dunlap: As you know, FMS remains under continuing court orders in Cobell. et al. v. Norton, et !!h and various cases brought by Indian tribes to preserve, indefmitely, all records relating to Individual Indian Money (lIM) and tribal trust funds and assets. Accordingly, please continue to retain all documentation pertaining to the above-referenced lockbox account until further notice. You have confirmed that the records for this account include: Standard Form 215 Standard Form 5515 ACH Receiving RemittancelPayrnent Repnrt Demand Deposit Account Activity Statements any forms used to facilitate internal processing, such as the CA$H-LINK II Deposit Repnrt Form You must retain the records for this account IN ALL FORMS AND MEDIA generated for the account. This includes paper, electronic, microfilm, microfiche, or any other media. If you create the same record in multiple media, you must retain the record in aU media. Please distribute this letter to appropriate bank personnel, including records management personnel. If you have any questions regarding these retention instructions, please contact me at (202) 874-6847. Thank you for your continued cooperation. Sincerely, ~~~If\J~ Director General Revenue Collection Division Attachment A (2 of2) DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE WASHINGTON, D.C. 20227 February 12,2008 Mr. Stephen C. Herndon, Senior Vice President Bank of America Federal Government Banking Division 600 Peachtree Street, NE Atlanta, GA 30308-2214 Re: Bureau of Indian Affairs -Palm Springs Lockbox Account (closed 11/1/05) Agency Location Code 00004844, Lockbox Number 72758 Dear Mr. Herndon: As you know, FMS remains under continuing court orders in Cobell. et aI. v. Norton. et al. and various cases brought by Indian tribes to preserve, indefinitely, all records relating to Individual Indian Money (TIM) and tribal trust funds and trust assets. Notwithstanding the fact that the above-referenced lockbox account was closed effective November I, 2005, please continue to retain all documentation pertaining to the account until further notice. You have confirmed that the account records include: Standard Form 215 Standard Form 5515 Check copies Monthly Account Activity Reports (MAAR) Monthly Account Activity Statements (MAAS) Standard Listing Any forms used to facilitate internal processing, such as the Daily Balance Sheet Your bank must continue to retain the records for this account IN ALL FORMS AND MEDIA that were generated. Accordingly, notwithstanding that your bank began generating photocopies of the checks associated with this account on October 1,200 I, you must continue retaining any duplicate copies on microfilm, unless and until FMS obtains court approval for your bank to retain only pre-October 2001 microfilm copies and post-September 2001 photocopies. Please distribute this letter to appropriate bank personnel, including records management personnel, Ifyou have any questions regarding these retention instructions, please contact me at (202) 874-6847 Thank you for your continued cooperation. ~C~I~J ~J ~ Michael Mackay, Director General Revenue Collection DiViSioh ce: Linda S. Corbett, Senior Vice President, Bank of America Attachment B DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE HYATTSVILLE. MD 20782 FEB -] 2008 Mr. Michael Stenger Assistant Director, Office of Investigations U.S. Secret Service 950 H Street, N.W. Washington, D.C. 20223 Re: Document Retention Requirements Dear Mr. Stenger: This letter is to serve as a reminder that Treasury remains subject to continuing court orders in Cobell, et at v. Norton, et al. and various cases brought by Indian tribes to retain, indefinitely, "evtry document, [datum/data] or tangible thing ... containing information that is relevant to, or is reasonably calculated to lead to lhe discovery of admissible evidence relevant to, the subject matter involved in the pending litigation." Copies of these orders and Treasury's stipulation in the Cobell case were provided with previous letters to the Secret Service. Please let me know ifyou need additional copies of these documents. As stated in previous reminder letters to the Secret Serviet, among the types of records that Treasury must preserve to comply with these court orders are all Treasury checks and check-related records. Accordingly, please continue to preserve, until further notice, all Treasury checks that FMS forwards to your bureau for investigation and all information and records your bureau maintains relating to those checks. Please continue to take all steps necessary to determine and document that all such records in the possession of Secret Service are being preserved ind.efinitely. Ifyou have any questions concerning these court retention orders, please contact Terri Dawson in the FMS Chief Counsel's office at (202) 874-6877, or me, at (202) 874-7913. Thank you for your continued cooperation and assistance. Sincerely, ~G~ctor Check Resolution Division cc: Thomas Dougherty, Office of Chief Council, U.S. Secret Service -Faxil202-406-6544 Attachment C (1 of 2) [Business Alert Message (BAM) for Current TGAsl This is a reminder to continue preserving records in accordance with FMS' prior instructions to your financial institution. As stated in prior Business Alert Messages, due to ongoing litigation your financial institution must retain, until further notice: Standard Form 215, Standard Form 5515 and any supporting documentation, IN ALL FORMS AND MEDIA, associated with transactions relating to the deposits received from the Department of the Interior for credit to the Treasury's General Account (TGA). This includes paper, electronic, microfilm, microfiche, or any other media. If you have not already done so, please designate a point ofcontact at your financial institution to disseminate these instructions to appropriate personnel at your organization (including records management personnel). Please also ensure that an appropriate dissemination and compliance process is in place to ensure these instructions are being followed at your financial institution. If these retention instructions create a problem for your operations, please send your concerns in writing to the Over-the-Counter Revenue Collection Division (OTCD) at 40 I 14th Street, S.W., Room 307C, Washington, DC 20227, as soon as possible. If you have any questions, contact the Federal Reserve Bank of St. Louis at 1-866-771­1842 or Ava Singleton at (202) 874-9986. Attachment C (2of2) DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE WASHINGTON. D.C 20227 February 27. 2008 Dear Sir Of" Madam: ntis is a reminder (0 conlinue preserving records in accordance \\, ith ~iS' prior instructions to yOUf financial institution. As slated in OUf initial Leiter dated July 9, 1999 and each succC"Ssive reminder letter, including our mosl rccenl reminder letter daled September 13.2007. due IQ ongoing litigation, your financial institution must re:t.llin. until funher notice: Standard Form 21 S. Standard Form S5 IS and an) supporting documentation. IN ALL FORMS AND MEDIA. BSSOCl8ted with tntnsactions relating 10 deposits rccei\ td from the Department of the Intenor for credillO the Treasury's General Account (TGA) This includes any such records formerly maintained by the: linaJlcial institutions shown on the attached list, now in your possession. custody or control. This includes paper. eleclronic, m icrotilm. microficbe. or any other media. Ifyou havenotalready doneso, pleasedesignateapolm ofcontactat yourfinancial institutionto disseminate these record ret.enlkm instructions to appropriate peffiOllnelat your organization, including records management personnel. Please ensure that an appropriate dissemination and compliance process is In place lO ensutC these instruetions are being followed at your financial instiluhon. If these ret:ention instructions create a problem for your operations, plea.<;c send your concerns In writing to the Over-the-Counter Revenue Collection Division (OTCD) at 40 I 14th Street, S. W., Room 307C. Washington, DC 20227, as soon as possible. Thank you for yourcontiuuillg coopenuion in this matter. Ifyou Iutve questions, the first point of contact is the Federal Reserve Bani. of $L Louis at 1-866-771-1842. Should you have finther questions. feel free to OOnLac.t Ava Singleton on (202) 814-9986. S;"~'{.JA flS!J~ Corve(li A. McDaniel, Director Over-thcX:ounfer Revenue Collection Division (OTCD) NC Federal FillnJlCC Attachment D vY DEPARTMENT OF THE TREASURY aUREAU OF '1 HE PUBLIC DEBT ~ PARKERSBURG. WV 26106·1328 February 11,2008 National Archives and Records Administration Life CycLe Management Division Attention: Stephen Cooper 860 I Adelphi Road College Park, MD 20740-6601 Re: Suspending Destruction Dear Mr. Cooper: As you are aware, the Bureau of the Public Debt (BPD), Department of the Treasury, has been under court order since August 1999 to preserve all documents relating to the pending litigation, Cobell v. Kempthome, et aI.. which challenges the government's management of the Individual Indian Monies (IIM). The purpose of this Lerrer is to remind you that BPD remains under court order to preserve records indefinitely for purposes ofthe Cobelliitigation. Therefore, we request that the Federal Records Centers continue to implement the freeze on aU records from BPD Record Groups 53 and 82 and preserve all such records until further notice. Thank you for your cooperation in this matter. Sincerely, .JJ If; ./ f:~~q,+--/­ Judi Owens, Manager, Graphics, Printing, and Records Branch www.treasurydirecLgov Attachment E DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE HYATTSVILLE. MD 20782 February 21, 2008 Thomas E. Mills Assistant Archivist for Regional Records Services National Archives and Records Administration Office ofRegional Records Services 8601Adelphi Road, Suite 3600 College Park, MD 20740 Dear Mr. Mills: The purpose ofthis letter is to remind you that Financial Management Service (FMS), a bureauoftheU.S. Department oftheTreasury,remains undercourtorderto preserve records indefinitely for purposes of the Cobell. et al. v. Norton. et aI. litigation. Therefore, we request that the Federal Records Centers continue to implement the freeze on all records from FMS Record Groups 39, 50 and 425 and preserve all such records until further notice. If you have any questions, you may contact Charles Brett at (202) 874-6156. Thank you for your cooperation in this matter. Sincerely, fL~.~~O-­ Administrative Programs Division FMS Insider Wes > News> Official Business> Cobell and Tribal Litigation -FMS Rete". Page I of 4 Attachment F (1 of4) @FMS Insider Cobell and Tribal Litigation -FMS Retention Requirements To: Office of the Commissioner Debt Management Services Federal Finance Governmentwide Accounting Information Resources AC Management Payment Management Austin Birmingham Kansas City Philadelphia San Francisco Date: 02/27/2008 Expires in: Never From: William Higgins Subject: Cobell and Tribal Litigation -FMS Retention Requirements Date: February 27, 2008 To: All FMS Employees From: Judy Tillman Commissioner Subject: Cobell and Tribal Litigation -FMS Retention Requirements All FMS employees are again reminded that FMS remains subject to continuing court orders and Treasury directives, requiring us to retain and safeguard all documents, data and tangible things that relate to Individual Indian Money (JIM) and Tribal trust funds and assets, indefinitely. To ensure that we remain in compliance with all court orders and directives, please continue to adhere to the following FMS requirements: Do not destroy any documents, data or tangible things unless you received written a roval from the Chief Counsel. This rule applies to all documents, data and tangible things, whether litigation-related or not. Prepare a disposition request, following the instructions contained in the Chief Counsel's March 7,2000 memorandum entitled "Process for Obtaining Disposition Approval" (posted on the FMS intranet on'the "Cobellrrribal Litigation" page). The only exception to this rule is for "obvious non-record materials," as described in the attached " uick Reference Guide." http://intranet.fms,treas.gov/official,nsf/printl8A6D736EC6C64EDC852573470067EBEO 2/28/2008 FMS Insider Wes > News> Official Business> Cobell and Tribal Litigation -FMS Rete... Page 2 of4 Attachment F (2 of4) Continue copying or forwarding all Cobell-related and Tribal-related e-mail and other electronic documents to their res ective dedicated mailboxes ("Cobell Archive@fms" for llM-related e-maiVelectronic documents and "Tribal Mailbox@fins" for Tribal-related e-maiVelectronic documents). To insert a mailbox address on an e-mail, simply type "Cobell: or "Tribal" and press the "Enter" key. You may delete your copy of any e-mail or other electronic document sent to these mailboxes. Promptl forward an voicemail messa es that relate to an tribe to FMS' dedicated "Tribal" voicemail repository. Following are step-by-step instructions for forwarding voicemail messages to the repository: Press "I" after (or while listening to) a new or saved message; Then press "2" to forward with comment; Voice a comment to include (1) the tribe's name when applicable, e.g., "Message for Tribal mailbox-Crow tribe," (2) the identity ofthe caller, (3) the time and date of the message, (4) the duration of the message, and (5) the caller's extension, and press #; Enter extension 91313, and press #; After the prompts, press #, and then press # again to send (forward). Do not archive (move) data from any FMS electronic roduction s stems that contain litigation-related data, except pursuant to a written archive plan that has been approved by the Commissioner's Office. Please refer to the Deputy Commissioner's March 24, 2000 memorandum entitled "Maintenance ofData on FMS Systems" (posted on the FMS intranet on the "Cobellrrribal Litigation" page) for more information about this requirement. Do not attern t to .ive uidance on record retention matters to Federal Reserve Bank personnel. Please refer all such questions to Terri Dawson at (202) 874-6877. I appreciate your continued compliance with these instructions and encourage you to review the pertinent memoranda posted on the FMS intranet. To locate the memoranda, double click on the icon for Internet Explorer. This moves you to FMS' intranet. Under "News" or "Hot Topics", click on "Cobellrrribal Litigation." If you have questions or need assistance regarding any of these retention requirements, please do not hesitate to contact Terri Dawson at (202) 874-6877. Thank you. Attachment "A Quick Reference Guide" http://intranet.fins.treas.gov/official.nsf/printl8A6D736EC6C64EDC852573470067EBEO 2128/2008 FMS Insider Wes > News> Official Business> Cobell and Tribal Litigation -FMS Rete... Page 3 of 4 Attachment F (3 of4) REMEMBER: PRESERVE ALL INTERIOR/INDIAN-TRUST­RELATED MATERIAL" .. OBVIOUS NONRECORD MATERIALS These may be destroyed without the approval of the Chief Counsel Categories Examples I I II Office supply catalogs 1. Non­ Treasury/FMS vendor marketing materials non-FMS publications/manuals, such as phone books, Federal Register, Material dictionaries, "Lotus Notes for Dummies," etc. attendee's copy of handouts received at 2. Treasury/FMS meetings, training, etc. employee's copy of work-related Distribution/ organization charts, phone lists, Treasury Correspondence Manual, etc. Reference employee's copy of FMS publications, Material such as "Fiscal Scene" excess stocks of FMS marketing materials, such as Direct Deposit brochures notices received re: IT security, scheduling of meetings & van rides, training, "acting" managers, voting leave, etc. notices received re: retirements, deaths, 3. TSP, CFC, PTI, Flex Account, etc. Personal employee's copy of T&A, payroll, Papers personnel, etc. records (except travel recordslreceipts) printouts of non-Federal Web pages that were not used for FMS business non-FMS-related calendars/reminders recipes, poems, cartoons, etc. printer banner pages and printer failure 4. Other reports interim drafts created but never circulated to anyone duplicates of any of the examples in these four categories. http://intranet.fins.treas.gov/official.nsf/print/8A6D736EC6C64EDC852573470067EBEO 2/28/2008 FMS Insider Wes > News> Official Business> Cabell and Tribal Litigation -FMS Rete... Page 4 of 4 Attachment F Click here for more information on Cabell Litigation (4 of4) http://intranet.fms.treas.govlofficial.nsf/printl8A6D736EC6C64EDC852573470067EBEO 2/28/2008 Attachment G Nancy FlaatwoodlBPO To AII-BPO (Business use only!) 02/121200805:22 PM cc bee Subject Record retention I'd like to remind all employees that BPD remains subject to a court order that governs the retention of records relating to the Individual Indian Money (TIM) trust fund and 11M trust assets. To ensure compliance with this court order, you should not destroy any documents or data pertaining to the following subjects without written approval from the Chief Counselor his designee: • IIM deposit fund investment records; • 11M accounts and accounts held in trust by the Department of the Interior; • Savings bonds held in trust form of registration by the Department of the Interior; • Correspondence (internal and external) relating to Individual Indian Money; and • Electronic communications, such as e-mails and Internet messages, relating to the subject above, unless those communications have been forwarded to the Cobell mailbox. You should continue to copy or forward all e-mails relating to the 11M trust fund, 11M trust assets, and the Cobell litigation to the dedicated 11M Mailbox. To insert the mailbox address on an e-mail, simply type "11M Mailbox" and press the "Enter" key. The Federal Reserve Banks have also been instructed not to destroy any fiscal agency records unless they have received specific permission in writing from Treasury authorizing the destruction. Please refer any inquiries from FRB personnel regarding record retention to Jimmy Phillips at (202) 504-3683, fax number (202) 504-3630. Don't attempt to give guidance on record retention matters to any FRB employee. I appreciate your continued compliance with these instructions and encourage you to occasionally review the pertinent memoranda and e-mails, which are posted on PO Web under the Office of the Chief Counsel's (OCC) website. Just click on the office link "OCC" and then click on "Cobell v. Kemp/horne ," which appears in the "Litigation" section. Thanks again for the great support you have shown in helping Public Debt comply with a very challenging court order. Nancy Attachment H HQ ~ 0.0"",,,0"-0EPART MENTAL 0F FieESINTRANET ~"'--IIIIIIIl! Litigation Obligations and Directives Click on an item to expand; Office of the General Counsel « Back to DO-Portal Tom McGivern -(202) 622-2317 .. What's New ~ About Treasury Below are memoranda explaining the scope of the Departmental ~ Building Services Offices' legal ObligatIons In pending cases to retain certaIn , Compuler/Technology documents and records that may be needed as evidence In those caSes, .. ContactS/Directories • Dining Services • Olrectlve From General Counsel To All Departmental • Employee Services Offices Employees Concerning Cabell Litlgatlon , Ethics/Legal .. Executive Secretariat • litigation-Related Document Retention and Search Obligations .. FinancIal/Procurement , FOIA/Privacy Act , forms/Directives • Health/Safety • HR Connect I-Human Resources • Jobs/Tralnlng • library/Information .. News • Phone Services • Public Debt Applications • Printing & Graphics • Records/Info. Mgmt. , Reports/Publications .. S@curlty .. Special Events ,. Travel/Transportation , Treasury Web Sites About Us Contacts Page Owner Cabell Litigation Document Retention Search Obligations Homepage .aa-••••••••••••••••••••••••••••••••••• http://home.do.treas.gov/litigationsl 2/28/2008 --' -·,-rr HQ. I11III1;' '10'0\10<>' 0EPART MENTAL 0FFI( E5 INT RANET "'--"'IIIIIIlI Click on an item to expand: ~( Back to DO·Portal • Wh~t's New • About Treasury • BUilding Servlc s • Computer/Technology ~ Contacts/Directories .. DinIng Services .. Employee Services • EthiCS/Legal .. Executive Secretariat .. ~Inanclal/Procurement • FOJA/Pnvacy Act ~ Forms/Directives • Health/SafelY )-HR Connect .. Human Resources .. Jobs/Trtllning .. library/InformaCion .. News .. Phone Services • Public Debt Applications .. PrintIng & Graphics • Records/Info. Mgmt. • Reports/Publications .. Security .. Special Events .. "(ravel/Transportation • Treasury Web Sites • Litigation Obligations and Directives Office of the General Counsel Directive From General Counsel To All Departmental Offices Employees Concerning Cobell Litigation By order of the Court In Cobell v. Norton, Departmental Offices employees must preserve all documents and records, whether In paper, electroniC, or other form, that are relevant to any aspect of the government's responsibilities wIth respect to ttle IndivIdual Indian money trust. Such responsibilities include, but are not limited to, management, administration, collection, disbursement, investment, and accountIng of trust funds. To comply with the various court orders to which we are sUbj@ct In Cabell v. Norton, to make it easier to manage and retrieve electronic mail as needed, and to help ensure that our electronic mall will continue to operate, I am requesting that you do the following things: Step One: Search for Prev'olJS E"Mails YoU Have Sent or Received Search your e-maIl, Including ~Inbox", "Drafts," ~Message Log/l and all "Folders" Clnd "Archives," ror anything that r@ICltes In any way to the Cobell litigation, Individual Indian Monies, or Department of Interior investmet1ts on behalf of Individual Indians. Forward any e-malls that you find on this subject (inclUding attachments and retaining rorwarding history) to "Cabell" or Cobell@do.treas.gov. In an effort to manage electronic mail, we have created this dedicated mailbox for Cobell-related and/or discussions relating to Individual Indian Money account. Step Two: E-Mails That You Send In the Future Beginning immediat@ly, send a "cc· (not a "bec") of all e-rnails (including attachments) that you initIate, that relate In any way to the Cabell litigation, IndiVidual Indian Monies or Department of InterIor investments on behalf of Individual Indians. to "Cabell." Step Three: E-~ails That You Receivt! In the Future Also begmnlng immediately, forward all e-mails that you receive (including attachments and retainIng forwarding history) that relate in any way to the Cobell litigation, Individual Indian Monies or Department of InterIor Investments on behalf of IndiVidual IndIans, to "Cab@lI: unless yau can tell (rom the message that the e~mail has already been sent [0 the NCobell," If you have questIons on this process or the retentIon of documents, call Thomas McGiv@rn, Counselor to the General Counsel, at 622-2317. If you need help In formulating e-mail searches or forwarding messages, or have questions on the "Cobell" mailbox, contact the HelpOesk at 62.2.-1111. About Us Contacts Page Owner Cabell Litigation Document Retention Search ObligatIons Homepage bllp:/lhome.do.treas.gov/litigationslcobell_directive.asp 2128/2008 t Contact Webmaster I Updated: Tuesda,y. August 0 http://home.do. treas. gOY/IiIigalions/cobell_direclive.asp 2/28/2008 DE:?ARTMENT OF THE TREASURY WASHINGTON, D.C. GENERAL CoU""ISE:L AUG 6 'l.JJ7 MEMORANDUM TO ALL DEPARTMENTAL OFFICES EMPLOYEES FROM: ROBERT F. HOYT@ SU.BJECT: Obligation to Retain Materials for Indian Litigation TheDepartmentoftheTreasuryremains involved in numerouslawsuitsfiledbyNativeAmencan individuals and tribes alleging that the U.S. Governmcnt owes an accounting for theirtmst funds w has mismanaged their trust funds and propeny. To ensure compliance with courtretention orders and other litigation responsibilities, Departmental Oft1ces employees mustretain all materials -whether in paper, electronic (including e-mail or voice-mail), ortangihle form --tbat meet J!.!ll of the criteria described below. These criteria are broader thanlegally required and are designed only for Departmental Offices materials. 1. Materials that mention or relate to Individual Indian Money or Individual Indian Moneyaccounts. 2. Materials that mention or relate to tribal funds or tribal fund accounts. For example, material relating to the depositing, investing, disbursing, or accounting oftribal fundsmust be retained. ). Materials that mention or relate to any delay between the issuance ofgovernment checks and the redemption ofinvestments in government accounts to cover those cbecks -­sometimes called "check float." This criterion is not limited to Indian or tribal trustfunds, Attached are instructions for retaining e-mails and voice-mails by forwarding them to dedicatedmailboxes. You are required to retain these materials until further notice from this Office, Ifyou havequestions regarding the retention ofparticular materials, please contacl Peter Bieger, DeputyAssistant General Counsel (Banking and Finance) at (202) 622-1975. The retention orders fromCabell v. Kempchome and the tribal trust lawsuits are located on Treasury's intranet athllp.//home, do.creas. gov/lirigarions and are incorporated herein by reference. This memorandumtakes the place ofearlier instructions issued In connection with the Cobell and tribal trustlawsuit,. Thank you for your continued attention to tillS important matter. Attachment: Instructions for using the dedicated Cobell and tribal mailboxes for retaininge-mails and voice mails. Attachment Instructions for using lbe dedicated Cobell and tribal mailboxes for retaining e-mails and voIce-mails Cobell materials retention procedures 1. Send a "cc" (not a "bee") of all e-mails (including attachments) that you initiate, that relate in anv way to lndividuallndian Money or Individuallndian Money accounts, to the dedicated e-mailbox at the followmg m.,lbox address: cobei/@do./reas.govor just Cobell. 2. Forward any e-mail that you receive, or have preVIously received and not already forwarded, (mcluding attachments and retaining forwarding hIstory) that relate in any way to lndividuallndian Money or bldividual Indian Money aceounts, to the dedicated e-mailbox at the following mailbox address: cobei/@do.rreas.goy or just Cabell. unless you can tell from the message that lhe e-mail has already been sent to the dedicated e-mailbox. Tribal trust materials retention procedures To retain e-mails: 1. Send a "cc" (not a "bec") ofall e-mails (including attachments) that you initiate, that relate in any way to (a) tribal funds or tribal fund accounts or (b) any check float afforded to any in\'csted government account. to the dedicated e-mailbox .t the follo'ving mailbox address: /riha/@do.rreas.gov at juSt/ribat. Please ensure that the tribe's name, if any, is included in the subject heading. 2. Forward any e-n"il that you teceive, or have ptcviously received and not already forwarded, (Including attachments and Tetaioing forwarding history) that relate in any way to (a) tribal funds Or tribal fund accounts Or (b) any check Iloat afforded to any invested government account, to the dedieated t-maIlbox at the following mailbox addless: rribal@do./reas.gov Ot just tribal, unless you can tell from the message that thc c-mail has already been sent to the dedicated .,.mailbox. To retain vOIce-mails: Forward all applicable voicc messages that telate in any way to (a) tribal funds or tribal fund accounts or (b) any check float affordcd to any invested government account, to the dedicated yoioe-mailbox In accordance with the following instructions: • press I after (or while listening to) a new or saved message; • press 2 to forward with comment; • voice a comment and identify the relevant tribe, If any (e g., "Message for tribal matlbo>.-J'carilla Tribc"), then press II; • enter extension 91313. then ptess II; • press II, then press # again to send (forward). At thc request of the Department of Justice, please review the header of each voice message being forwarded and, when voicing a comment include the Identity of the caller, the time and date ofthe message, the duration ofthe mcssage, and the extension of the caller. PIc.,e TJote that the Cabell and tribal e-mailboxes have been copied on the e-mail message conveying this memorandum.