Nigel- dangale 05 November 2014 15:40 William Burck Re: Priv. Comm. I think HL probably feel that they need to be in the driving seal in order to recover. I honestly think, they may still withdraw, from the tone of the con calls - unless they are simply thinking about the ongoing fees!! Let's see what QE has done more for the bank than anyonell My guess, is HL will milk is for knowledge and then we will be removed too. Then HL will run this alone for years until the bank sinks. QE are still there at the My idea Mr I will miss you guys-- but don't give up!! Nigel -- Sent from my iphone On 5 Nov 2014, at 16:51, William Burck wrote: Over to you, my friend. I think we are out for whatever reason. Good luck. Sent from my iPhone Begin forwarded message: From: Date: To: Subject: Re: Priv. CoanAttomey-Client Comm. Pam Puckett November 5, 2014 at3:00:42 PM William Burck Dear Bill, Many thanks indeed for your update and your ongoing efforts on behalf of my brother and me. We both appreciate your efforts to communicate and collaborate with Hogan Lovells at this important juncture and to consolidate the efforts and work of our outside counsel and investigators into one unified strategy for resolving matters before and Hogan Lovells as you know is here at the Bank now completing the data collection and preservation and we have discussed the matter of data collection with them. Because the data that has being collected is "Bank data", and Hogan Lovells represents the Bank formally, we believe it will be more appropriate and in line with legislation that they lead the process of deciding what data will be handled, reviewed and how such a review will take place. My brother and I believe that it must be the Bank's counsel Hogan Lovells, with the assistance of Quinn Emanuel as counsel for the individuals that formulates and executes the strategy to resolve this matter for the Bank. For this reason, we are asking Hogan Lovells to engage the services of Nigel Brown and his team and for them to supervise any work going forward. We hope you will agree with this and will appreciate if you would facilitate this transfer of responsibility. We have also asked Hogan Lovells to evaluate the evidence that Nigel has developed and to advise the Bank, in consultation with you, on the next steps for the investigation. My brother and I would be most grateful if you would give Hogan Lovells the full benefit of your insight and understanding of the issues - so that they can be fully informed as to the best way to move forward to achieve our common objectives. As you will appreciate our main objective is for the Bank to resolve urgently the impasse in which it finds itself presently with and we, the brothers, of course want to be sure to get the full benefit of the investment we have made so far in the work done by Hogan Lovells, EY, QE, and Nigel's team and well as considering Bob Amsterdam's mission). I appreciate that this change of organizational structure may cause a slight delay in achieving our objectives, however I believe that it should be done prudently considering prevailing legislation to which we are subjected. I trust you will appreciate our position and kindly let me know. I look fonNard to communicating with you later today by phone if your time permits and depending in what time zone of the world you may now be. Best wishes in the meantime, Farid Sent: From: To: Cc: Subject: Monday, November 03, 2014 at 12:39 PM 'William Burck" "Fadi (private)" Farid (private)" Re: Priv. CoanAt'torney-Client Comm. Dear Fadi Farid, By way of brief update, we are told that Hogan Lovells will have people in Cyprus as of today for purposes of assessing collection and review of bank emails/data. We are also told that Hogan expects to take as much as a week to assess procurement needs and logistics prior to any collection efforts commencing. Ifthis is accurate, this will inevitably cause further delay in our process beyond what was anticipated in my email below. We are happy to discuss at your convenience. Bill Sent from iPhone On Nov 2 2014, at 2:13 PM, William Burck wrote: Dear Fadi and Farid, We trust you are well. As you know, we have been in daily contact with Nigel, bank counsel, and Michael's counsel over the past couple of weeks in an effort to make progress on our shared goal of resolving the crisis facing the bank in the US and Cyprus. Below we set out our understanding of where things stand at the moment. Email Preservation and Review Procedures I. First we understand that the shareholders tasked Hogan Lovells with managing the presen/ation, collection and review of electronic data at FBME and Card Services. Specifically, Hogan Lovells will engage a forensic consultant to collect the electronic data from FBME and Card Sen/ices and create a reviewable, searchable database for use by attorneys and/or the Dangate investigation team ("Dangate"). We understand that Hogan Lovells may wish to review the electronic data before providing Quinn Emanuel and/or Nigel's team with access to the database. As we discussed with Farid, it may take two or more weeks for Hogan Lovells to create the database. Once the database is created, Hogan Lovells may need several days or weeks to complete its initial review. Accordingly, it is unlikely that Quinn Emanuel or Nigel's team will have access to the database before mid-November. Collaboration with Hogan Lovells ll. Second, we understand that the shareholders expect Quinn Emanuel and Hogan Lovells to work together to create the database and to review emails as quickly as possible. We also understand that the shareholders want Quinn Emanuel and Nigel's team to provide Hogan Lovells with all information and documents related to their investigations, including Nigel's investigation plan. We will, of course, do so and anything else we can to assist Hogan Lovells. To that end, we have already provided Hogan Lovells with Nigel's investigation plan. We are also in the process of providing Hogan Lovells with a list of custodian inboxes that should be collected as well as various search terms for the database. Next Steps As we discussed while I was in Cyprus, Quinn Emanuel needs to know more about the following three issues in order to fully develop, and execute, a strategy for approaching DOJ (if at all 1 Additional details about the Mastercard dilution project; (2) -- (3) Michael's role, if any, Int IutIon prOJect. In order to complete our investigation and execute on a strategy to resolve this matter for the bank, Quinn Emanuel must review a sub-set of FBME and Card Services emails (particularly Michael's emails). Until Quinn Emanuel has access to a reviewable and searchable database, we cannot complete our investigation or prepare and execute a strategy. Therefore, until Hogan Lovells creates the electronic database and gives Quinn Emanuel and Nigel's team access to it, we are unable to move forward in a timely manner. We had hoped to move as quickly as possible and to approach DOJ in early November. Unfortunately, based on the current email review procedures, this will not be possible. Please let us know if you would like to discuss by phone. Farid and I had discussed meeting up with Hogan Lovells in Cyprus in November. That is a great idea, but in the meantime while we await Hogan Lovells' establishment of data collection and review protocols and procedures, there is not much we can do to progress a resolution with US. authorities. We will, of course, continue to assist Hogan Lovells and to update you on progress as we learn more. Regards, Bill &Juan William Burck Co-Managing Partner Co-Chair of White Collar Corporate Investigations, Washington DC. Office Quinn Emanuel Urquhart Sullivan, LLP