11/13/81 Today I spoke with Tony Garcia who brought this account into our bank. Mr. Bill Wilcox is office manager while Mr. Randy Miles is assistant manager We have scheduled a luncheon for Wednesday, November 25th, for the purpose I have discussed the transfer of this account relationship from Tony Garcia to the National Division, New York office. Bill Schutz will be the Louisvi contact for the E.F. Hutton office. Hutton has been running collected overdrafts. Since our bookkeeping system only reflects book balances, they have not been overdrawn. Our Collected Balance Report, however, reflects considerable collected balance overdrafts on a daily basis. We will track this information and will advise the compar on a semi annual basis of the shortfall which they will make up with an appropriate over-the-weekend Fed Funds deposit. Enclosed please find analysis letters for your company account # 716-1952-4 for the months of October and November, 1981. You will note that we are charging our earnings allowance plus 4% each month for the amount of the average daily deficit collected balance. This rate was 17.870% and 15.270, respectively, for October and November. Each January and July I will review your account for the previous six month period. If there is a net service charge owing for the period, I will advise you by phone and letter of the amount. I then will advise, you by phone of the amount and time of deposit required to make up the shortfall. You will then arrange to have collected funds wired to us for such amount and time required to be deposited. We would prefer that you not move funds from your account by depository transfer check or ACH debit unless they are available funds. However, assuming that your account continues to have collected overdrafts, we will operate on the basis of proceedures outlined herein. Please acknowledge your understanding of this proceedure by signing below and returning the original copy of this letter to me. I have enclosed a copy for your records. I hope that all is well with you and that you have a very happy holiday season Very truly yours, C.5. Jumming Charles E. Mooser, Jr. Acknowledged: Date: Randell L. Miles, Assistant Manager EXHIBIT 2 I will be glad to do what I can to assist you in the Hutton matter. I noticed in the paper that you may call on me to testify, and this will serve to assure you that I will be glad to testify at your convenience. All good wishes. GBB/jld-wdc bcc: Terry Adamson delivered by hand 9/6/85 Sincerely yours, Mirring Beee Griffin B. Bell EXHIBIT 3 Defendant Griffin B. Bell, by counsel, as and for his Answer to the Complaint states as follows: 1. Paragraph 1 of the Complaint calls for a legal conclusion as to which no response is required. 2. Paragraph 2 of the Complaint calls for a legal conclusion as to which no response is required. 3. Mr. Bell presently lacks information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 3 of the Complaint. 4. Mr. Bell admits that The E.F. Hutton Group, Inc. is a corporation organized under the laws of the State of Delaware and that it has offices located at One Battery Park Plaza in New York, New York. 5. Mr. Bell admits that E.F. Hutton & Company, Inc. is a wholly owned subsidiary of The E.F. Hutton Group, Inc. and that E.F. Hutton & Company, Inc. has offices and does business at various locations in the District of Columbia. 6. Mr. Bell admits the allegations set forth in Paragraph 6 of the Complaint. 7. Mr. Bell denies the allegations set forth in Paragraph 7 of the Complaint except that Mr. Bell states that he was retained as special, independent counsel for The E.F. Hutton Group, Inc. and admits that Plaintiff has asserted claims in the Complaint based upon a written report which he, with the assistance of others, prepared and oral statements which he made at a press conference in the District of Columbia. Mr. Bell specifically denies having engaged in any wrongdoing. 8. Mr. Bell admits that Plaintiff was employed by E.F. Hutton & Company, Inc. as a branch manager in Bethesda, Maryland and St. Louis, Missouri, and that Plaintiff is currently an account executive in the State of Florida. Mr. Bell presently lacks information sufficient to form a belief as to the exact date on which Plaintiff commenced his employment with E.F. Hutton & Company, Inc. Mr. Bell presently lacks information sufficient to form a belief as to the truth of the allegation that Plaintiff was the branch manager in St. Louis "at the time of the events complained of in this action," except that Mr. Bell admits that Plaintiff was the branch manager in St. Louis at the time when he released The Hutton Report. 9. On information and belief, Mr. Bell admits that E.F. Hutton & Company, Inc. pled guilty on May 2, 1985 to 2,000 counts of mail and wire fraud as described more specifically in the Information filed against it at or about that time and that E.F. Hutton & Company, Inc. had, for some time, prior to May 2, 1985 been under investigation by a federal grand jury. Mr. Bell further admits, upon information and belief, that some employees of E.F. Hutton & Company, Inc. had been identified as targets during such investigation. Mr. Bell denies the remaining allegations set forth in Paragraph 9 of the Complaint. 10. On information and belief, Mr. Bell admits that Plaintiff received immunity from prosecution with respect to the matters as to which E.F. Hutton & Company, Inc. pled guilty. Mr. Bell presently lacks information sufficient to form a belief as to whether Plaintiff was a target of a federal grand jury investigation before receiving immunity. |