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2014-0370-F [ ] Tuesday, April 21, 2015 FOIA Marker This is not a textual record. This FOIA Marker indicates that material has been removed during FOIA processing by George W. Bush Presidential Library staff. Presidential Personnel, White House Office of Bullock, Katja Location or NARA Number: FRC ID: OA Number: Stack: Row: Sect.: Shelf: Pos.: Hollinger ID: W 13 29 5 1 13694 26557 14084 15375 Folder Title: Pitt, Harvey Withdrawn/Redacted Material The George W. Bush Library DOCUMENT FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) NO. 001 Report Harvey Lloyd Pitt - From: Dina Powell 1 N.D. P6/b6; 002 Report Harvey Lloyd Pitt - From: Dina Powell 1 N.D. P6/b6; 003 Report Harvey Lloyd Pitt - From: Dina Powell 1 N.D. P6/b6; 004 Email Re: Harvey Pitt - To: Timothy C. Stout - From: Dina 2 05/16/2001 P5; Powell 005 Report Harvey Lloyd Pitt - From: Dina Powell 1 N.D. P6/b6; 006 Report Harvey Lloyd Pitt 1 05/02/2001 P6/b6; 007 Report Harvey Lloyd Pitt - From: Dina Powell 1 N.D. P6/b6; COLLECTION TITLE: Presidential Personnel, White House Office of SERIES: Bullock, Katja FOLDER TITLE: Pitt, Harvey FRC ID: 13694 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advise between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(8) Release would disclose information concerning the regulation of 2201(3). financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information Deed of Gift Restrictions concerning wells [(b)(9) of the FOIA] A. Closed by Executive Order 13526 governing access to national Records Not Subject to FOIA security information. B. Closed by statute or by the agency which originated the document. Court Sealed - The document is withheld under a court seal and is not subject to C. Closed in accordance with restrictions contained in donor's deed the Freedom of Information Act. of gift. 2014-0370-F Page 1 of 2 This document was prepared on Tuesday, April 28, 2015 2014-0563-F Withdrawn/Redacted Material The George W. Bush Library DOCUMENT FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) NO. 008 Report Harvey L. Pitt 1 N.D. P6/b6; COLLECTION TITLE: Presidential Personnel, White House Office of SERIES: Bullock, Katja FOLDER TITLE: Pitt, Harvey FRC ID: 13694 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advise between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(8) Release would disclose information concerning the regulation of 2201(3). financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information Deed of Gift Restrictions concerning wells [(b)(9) of the FOIA] A. Closed by Executive Order 13526 governing access to national Records Not Subject to FOIA security information. B. Closed by statute or by the agency which originated the document. Court Sealed - The document is withheld under a court seal and is not subject to C. Closed in accordance with restrictions contained in donor's deed the Freedom of Information Act. of gift. 2014-0370-F Page 2 of 2 This document was prepared on Tuesday, April 28, 2015 2014-0563-F SEC Chairman -pls - returnto Diva - - PREPARED BY: Dina Powell NAME: Harvey Lloyd Pitt NAME & STATE Harvey Pitt of North Carolina POSITION: Commissioner of the Securities and Exchange Commission and Upon Confirmation Designate Chairman TYPE: (bold one) PAS PA SES FT PT TERM: Remainder of term expiring 6/5/02 and a new 5 year term expiring 6/5/07 VICE: Paul R. Carey GENDER: M DOB: (b)(6) BIRTHPLACE: Brooklyn, NY PARTY: (b)(6) SSN: ETHNIC HERITAGE: Polish American RACE: White CHILDREN: Emily, Jonathan, Robert, SPOUSE: Saree Sally VOTING CITY, STATE Washington, DC HOME Washington, DC (in 2000) STATE: CURRENT HOME CURRENT Partner, Fried, Frank, ADDRESS: POSITION AND Harris, Shriver & (b)(6) Jacobson, Chairman of WORK ADDRESS: the DC Office 1001 Pennsylvania Ave, NW Washington DC 20004 HOME PHONE: (b)(6) WORK PHONE: 202-639-7100 EDUCATION: JD St. John's AWARDS: University Law School BA City University of New York- Brooklyn College PREVIOUS General Counsel MILITARY None POSITIONS HELD: SEC SERVICE: PREVIOUS None PRESIDENTIAL APPOINTMENTS: President approved: Security package sent: INDEPENDENT AGENCIES DATE TERM NAME POL. STATE APPOINTED EXPIRES * SABINE RIVER COMPACT ADMINISTRATION (Texas and Louisiana) Federal Representative of the United States Peggy E. Montano CO 3/30/95 * SECURITIES AND EXCHANGE COMMISSION (5) (BI-PARTISAN) Pill R 20005 4 Isaac C. Hunt, Jr. D OH 1/29/96 6/5/00 Laura S. Unger (ACTING CHAIR) Glassman R NY 11/1/97 6/5/01 HURF Paul R. Carey (dead) - Johns Glassan D R NY 10/31/97 6/5/02 Arthur Levitt, Jr. Hatury Pi# R NY 4/7/98 6/5/03 (ALevitt, Jr. rsg. 2/9/02, eff. 2/9/01; R 15/904 3 longest -save Johnson cre singled Atkins Znd SECURITIES INVESTOR PROTECTION CORPORATION (5) Deborah Dudley Branson (Public) (VICE CHAIR TX 6/30/95 12/31/96 Charles L. Marinaccio (Sec. Ind.) DC 6/30/95 12/31/96 James Clifford Hudson (Public) (CHAIR) OK 10/7/94 12/21/97 Marianne C. Spraggins (Sec. Ind.) NY 6/30/95 12/31/97 Albert James Dwoskin (Sec. Ind.) VA 12/26/95 12/31/98 * SECURITY POLICY ADVISORY BOARD (5) Thomas A. Brooks VA 3/29/96 3/28/99 Larry D. Welch (CHAIR) VA 9/5/00 9/4/03 James H. Bilbray NV 1/12/01 1/11/04 Nina J. Stewart TX 1/12/01 1/11/04 * SELECTIVE SERVICE Director Gil Coronado TX 10/7/94 (Gcoronado rsg. 12/7/00, will remain as head agency transition officer (agency designee) Alfred Rascon R CA * National Selective Service Appeal Board (3) Betsy Levin DC 3/30/95 Leo M. Romero NM 3/30/95 Jan Craig Scruggs MD 3/30/95 Barbara W. White TX 3/30/95 Jane H. Macon TX 3/16/00 TALKING POINTS FOR PRESENTMENT OF NOMINEES TO THE PRESIDENT NAME: Harvey Pitt POSITION: Chairman of the Securities and Exchange Commission CRITERIA: Expertise and credibility in the Securities Markets, Wall Street, Accounting Firms, Legal Community, and Congress Primary Mission is to protect investors and maintain the integrity of the securities markets. Primary overseer and regulator of the U.S. securities markets EXPERIENCE: Youngest General Counsel of the SEC Considered one of the top securities attorneys in the country Partner, Fried Frank - Top Securities Firm EDUCATION: JD - St. John's Law School BA - City University of New York PREPARED BY: Dina Powell NAME: Harvey Lloyd Pitt NAME & STATE Harvey Pitt of North Carolina POSITION: Commissioner of the Securities and Exchange Commission and Upon Confirmation Designate Chairman TYPE: (bold one) PAS PA SES FT PT TERM: Remainder of term expiring 6/5/02 and a new 5 year term expiring Paul carey 6/5/07 VICE: Hunt GENDER: M DOB: (b)(6) BIRTHPLACE: Brooklyn, NY PARTY: (b)(6) SSN: ETHNIC HERITAGE: Polish American RACE: White CHILDREN: Emily, Jonathan, Robert, SPOUSE: Saree Sally VOTING CITY, STATE Washington, DC HOME Washington, DC (in 2000) STATE: CURRENT HOME CURRENT Partner, Fried, Frank, ADDRESS: (b)(6) POSITION AND Harris, Shriver & Jacobson, Chairman of WORK ADDRESS: the DC Office 1001 Pennsylvania Ave, NW Washington DC 20004 HOME PHONE: (b)(6) WORK PHONE: 202-639-7100 EDUCATION: JD St. John's AWARDS: University Law School BA City University of New York- Brooklyn College PREVIOUS General Counsel MILITARY None POSITIONS HELD: SEC SERVICE: PREVIOUS None PRESIDENTIAL APPOINTMENTS: President approved: Security package sent: PREPARED BY: Dina Powell NAME: Harvey Lloyd Pitt NAME & STATE Harvey Pitt of North Carolina POSITION: Commissioner of the Securities and Exchange Commission and Upon Confirmation Designate Chairman TYPE: (bold one) PAS PA SES FT PT TERM: Remainder of a 5 year term expiring 6/5/05 VICE: Issac Hunt GENDER: M DOB: (b)(6) BIRTHPLACE: Brooklyn, NY PARTY: (b)(6) SSN: ETHNIC HERITAGE: Polish American RACE: White CHILDREN: Emily, Jonathan, Robert, SPOUSE: Saree Sally VOTING CITY, STATE Washington, DC HOME Washington, DC (in 2000) STATE: CURRENT HOME CURRENT Partner, Fried, Frank, ADDRESS: (b)(6) POSITION AND Harris, Shriver & Jacobson, Chairman of WORK ADDRESS: the DC Office 1001 Pennsylvania Ave, NW Washington DC 20004 HOME PHONE: (b)(6) 202-639-7100 EDUCATION: JD St. John's School BA City University of New WORK OU PHONE: AWARDS: University Law York- Brooklyn College PREVIOUS General Counsel MILITARY None POSITIONS HELD: SEC SERVICE: PREVIOUS None PRESIDENTIAL APPOINTMENTS: President approved: Security package sent: Withdrawal Marker The George W. Bush Library FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) Email Re: Harvey Pitt - To: Timothy C. Stout - From: Dina Powell 2 05/16/2001 P5; This marker identifies the original location of the withdrawn item listed above. For a complete list of items withdrawn from this folder, see the Withdrawal/Redaction Sheet at the front of the folder. COLLECTION: Presidential Personnel, White House Office of SERIES: Bullock, Katja FOLDER TITLE: Pitt, Harvey FRC ID: FOIA IDs and Segments: 13694 2014-0563-F OA Num.: 2014-0370-F 15375 NARA Num.: 14084 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advise between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(8) Release would disclose information concerning the regulation of 2201(3). financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information Deed of Gift Restrictions concerning wells [(b)(9) of the FOIA] A. Closed by Executive Order 13526 governing access to national Records Not Subject to FOIA security information. B. Closed by statute or by the agency which originated the document. Court Sealed - The document is withheld under a court seal and is not subject to C. Closed in accordance with restrictions contained in donor's deed the Freedom of Information Act. of gift. This Document was withdrawn on 4/24/2015 by DRS NAME: Haway Pitt A.D. Dina Powell POTENTIAL POSITION: SEC Chairman AGENCY: SEC RECOMMENDED BY: see inside Shelt DATE RECEIVED BY OPA: 5/2 3:45pm DATE DUE TO PPO: PREVIOUS POLITICAL POSITIONS: B/C STATE LEADERSHIP: GOP STATE CHAIR: BUSH ACTIVITY: RNC CM/CW: COALITION SIGN-OFF (If relevant): OTHER: OFFICE OF Nathculem POLITICAL AFFAIRS / 5/2/07 RANKING DATE Criteria for SEC Chairman Knowledge of critical issues facing the SEC---no learning curve Industry experience --- hands-on dealing with SEC regulations Loyal to the POTUS and his agenda Respected among enforcement and industry constituencies Fair-minded, honest reputation Balanced approach to reviewing, overturning and implementing old and new regulations Harvey Pitt Experience: Youngest general counsel of the SEC (1975-1978) Partner, Fried Frank - Top Securities Firm Member of the NASD Legal Advisory Board Member of the Advisory Subcommittee, Federal Regulations of SEC, ABA Qualities: Considered one of the top securities attorneys in the country Loyal to the President and his agenda (early supporter) Familiar with and agrees with the President's policies and vision for the SEC Highly respected by top wall street firms, top accounting firms, former SEC officials, legal and enforcement constituencies Knows SEC very well-will not be captive of the staff Strong reputation: seen as fair-minded, balanced and honest Questions: Known as tough negotiator; alienated some who were on the other side of him in legal battles Has represented many clients from industry before the SEC, including a controversial individual: Ivan Boesky Could be seen as too close to big industry (Charles Schwabb issue) References: (bolded names contacted) Donald Marron, Director & Chairman of UBS PaineWebber, Inc. David Komansky, Chairman & CEO of Merrill Lynch Frank Zarb, Chairman & CEO of the NASD Philip Laskawy, CEO of Ernst & Young LLP Dick Grasso, Chairman & CEO of the New York Stock Exchange, Inc. Ede Holiday, Cabinet Sec'y, '89-90, GC Treas. Dept. '90-'92 Barry Melancon, President & CEO of the AICPA Professor Jon Macey, Cornell Law School Jim Schiro, CEO of Pricewaterhouse Coopers Matt Fink, President of the Investment Company Institute John C. Whitehead, AEA Investors 212-755-3131 Judith Soltz, Executive V.P. & General Counsel of CIGNA, Tom Green, General Counsel of Dell Computer 512-728-0355 Others who weighed in: Chris DeMuth (President, AEI) Senator Gramm Name, Last First Middle Title Occupation PITT HARVEY Mr. Lawyer Position Sought Position Firm / Agency SEC Chairman Corporate Partner Fried Frank's Washington, D.C. and Resident New York offices 1978-Present Notables According To A Recent Washington Post Article, Pitt Is The Frontrunner For The SEC Post: "Washington securities lawyer Harvey L. Pitt, who was the youngest general counsel in Securities and Exchange Commission history in the 1970s and has since represented many clients before the agency, has emerged as the Bush administration's leading candidate to become the new SEC chairman. Several congressional sources and industry lobbyists said yesterday that administration officials have told them Pitt is the top choice and that background checks are being conducted on him." According To The New York Post Sources Close To Pitt Denied He Would Take The Job As Wall Street Cop. "It's just not something he would do; he is gainfully employed," a source close to Pitt said. Former SEC Chairman Arthur Levitt Recently Said Pitt Would Make An Excellent SEC Chairman Because, Among Other Things, "He Knows And Respects The Agency." Pitt's Name Has Appeared In The National Law Journal As A Potential SEC Chairman Candidate. The name at the top of the list to replace Chairman Levitt is James R. Doty, a partner in the Washington, D.C., office of Baker Botts LLP and former SEC general counsel under President George Bush. Two other names being floated are Harvey L. Pitt, a partner in the Washington, D.C., office of Fried, Frank, Harris, Shriver & Jacobson and another former SEC general counsel; and U.S. Representative Rick Lazio, R-N.Y. - At 30, Pitt Became The Youngest General Counsel At The S.E.C. - Pitt Has Been Called "The Best-Known Securities Lawyer In The World." - Pitt Was A Major Force In The Insider Trading Scandals, While Representing Dennis Levine, He Helped Uncover Ivan Boesky's Criminal Activities. In the Salomon bond debacle, former Salomon top lawyer Donald Last printed 05/02/01 3:18 PM 1 Feuerstein hired Mr. Pitt to represent him before the SEC; the SEC cleared Mr. Feuerstein of any misconduct. Pitt Said Michael Milken's Lengthy Prison Term "Puts A Fitting Conclusion To Four Years Of Deception And Lying." Mr. Milken, he said, "contended that he hadn't violated the law, that Boesky was a liar and that the government had a vendetta against him." Mr. Pitt and others were quick to criticize the legal tactics of Mr. Milken's sizable defense team, led by Arthur Liman, a partner at the New York firm of Paul, Weiss, Rifkind, Wharton & Garrison. The expertise of his lawyers cost Mr. Milken and Drexel an estimated $100 million. Pitt Has Been Concerned About Municipal Bond Underwriters' Political Contributions To Public Officials Involved In Bond Offerings. "The allegations of people making campaign contributions to get business are going to have some significant impacts on (political) races and certainly on the regulatory side," says former SEC general counsel Harvey L. Pitt. Pitt Has Said That Corporate Insiders Risk Running Afoul Of The Law If They Buy Or Sell Stock On The Eve Of Public Announcements That Can Affect The Value Of The Company's Stock. "When they sell or buy (in those circumstances)," said Pitt, now a corporate securities specialist for the Washington law firm of Fried, Frank, Harris, Shriver & Jacobson, "they have a potential breach of fiduciary duty to the company and its shareholders, and they may be guilty of insider trading. It's an ill-advised transaction." In 1987, Two Proposed Definitions Of Insider Trading Were Offered In Congress. One, introduced in the Senate as S. 1380, was drafted by a committee of lawyers headed by Harvey L. Pitt, John F. Olson, and Theodore A. Levine acting at the request of Senator Donald Riegle, Democrat of Michigan. The Securities and Exchange Commission offered the second. Both bills would cure the Chestman majority's finding that the commission's Rule 14e-3 -- which proscribes trading while in possession of material nonpublic information concerning a forthcoming possible tender offer -- exceeded the scope of its rulemaking authority under Section 14(e) of the Securities Exchange Act of 1934. Section 16A(c)(2) of S. 1380 would prohibit tips by defined persons concerning certain specific corporate transactions. Pitt Became A Key Contributor To Laws Defining Insider Trading. Key to the compromise of the 1987 legislation was the commission's willingness to adopt the approach of the lawyers group, headed by Harvey L. Pitt - defining illegal insider trading as the "wrongful use" of "material nonpublic information" about a corporation that affects its stock market price, or trading on the basis of such information that was "obtained wrongfully." Last printed 05/02/01 3:18 PM 2 Pitt Has Been Bothered By The Way Wall Street's Image Has Been Tarnished By Insider Trading. Of the insider trading scandals that have tarnished Wall Street's image, Pitt says "the public perceptions might be skewed somewhat" by the accompanying publicity. "The facts are our system works. That ought to give investors an enormous sense of confidence in our markets." Then he cautioned: "There is more of this than most people suspected, but we're talking about an enormous industry. There were problems with individuals abusing an informational advantage, and they are being dealt with." After Being Snubbed By The Justice Department, U.S. District Judge Stanley Sporkin Hired Harvey Pitt To Represent Him Against A Writ Of Mandamus Requested By The Federal Republic Of Germany. The German government filed the motion in 1984 after Sporkin initially declined to obey a decision of the U.S. Court of Appeals for the D.C. Circuit to dismiss the case filed against Germany by Holocaust survivor Hugo Princz; instead, Sporkin allowed Princz to substitute four German companies as defendants. In 1987, Pitt Called On President Reagan To Increase Funding For The SEC. "There can be little doubt that the commission lacks both the resources and the remedies that are necessary if the agency is to deter securities law violations in the most efficacious manner," said Pitt, a former SEC general counsel. While President Reagan's 1988 budget called for a 26 percent budget increase for the SEC, Pitt said, "I am nevertheless concerned that the agency is seeking too little, too late." Pitt Recently Said He Disagrees That Antitrust Work Tends To Lag Under GOP Presidents. Pitt says, "I think, if anything, the new administration will encourage and stimulate the demand for antitrust counsel. Who better to lead our group than someone who is a veteran of the last two Republican administrations?" Flags Pitt Was Ivan Boesky's Lawyer. "As Ivan F. Boesky's lawyer, Mr. Pitt has had to deal not only with a flood of press calls and S.E.C. negotiations, but an ever- expanding insider trading case that appears to be shaking even the most seasoned of professionals in the Wall Street trading community. It could include some of the most prominent old-line brokerage firms and their top executives. Moreover, Mr. Pitt, a partner at Fried, Frank, Harris, Shriver & Jacobson, was obviously concerned about the effects of the case and the growing publicity on his client, whom he has known since 1978. Mr. Pitt has represented Mr. Boesky in a number of other matters before the S.E.C. In the end, however, Mr. Boesky will pay a Last printed 05/02/01 3:18 PM 3 high price for his trading on nonpublic information about takeovers." In November 1986, Boesky Paid A Record $100 Million Fine To Settle A Securities And Exchange Commission Complaint That He Misused Private Information To Profit In Securities Transactions. He was banished from the securities business for life. Pitt's Association With Mr. Boesky Dates Back To Late 1978 When He Left The S.E.C. General Council's Office To Become A Partner At Fried, Frank. He said he had represented Mr. Boesky "in an assortment of matters relating to his arbitrage activity or S.E.C. inquiries," and that finally earlier in the year when the S.E.C. began pursuing its latest case against the Wall Street speculator, Mr. Boesky "came to me, and asked that I sit down with him and discuss the situation and try to figure out where he stood, which we did." Despite Also Donating To Republicans, Pitt Has Contributed Money To Numerous Democrats, Including: Sen. Max Baucus (D-MT), Rep. John Dingell (D-MI), Sen. Tim Wirth (D-CO) and Bob Eckhardt (D-TX). Last printed 05/02/01 3:18 PM 4 PREPARED BY: Dina Powell NAME: Harvey Lloyd Pitt NAME & STATE Harvey Pitt of North Carolina POSITION: Commissioner it the Securities Exchange ( ammission and UPIN Disognate Chairman remamder it 5 y- TYPE: (bold one) PAS PA SES FT PT TERM: term expiraz VICE: Arthur Levilt, Jr. 6/5/03 GENDER: M DOB: (b)(6) BIRTHPLACE: Brooklyn, NY PARTY: R SSN: (b)(6) ETHNIC HERITAGE: Polish American RACE: White CHILDREN: Emily Laura, Jonathon, SPOUSE: Saree Robert, Sally VOTING CITY, STATE Washington, DC HOME Washington, DC (in 2000) STATE: CURRENT HOME CURRENT Chairman and Partner in ADDRESS: POSITION AND the Washington, DC office (b)(6) of Fried, Frank, Harris, WORK ADDRESS: Shriver & Jacobson 1001 Pennsylvania Ave, NW Washington DC 20004 HOME PHONE: (b)(6) WORK PHONE: 202-639-7100 EDUCATION: JD St. Johns AWARDS: University BA City University of New York- Brooklyn College PREVIOUS General Counsel MILITARY None POSITIONS HELD: SEC SERVICE: PREVIOUS None PRESIDENTIAL APPOINTMENTS: President approved: Security package sent: Withdrawal Marker The George W. Bush Library FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) Report Harvey Lloyd Pitt 1 05/02/2001 P6/b6; This marker identifies the original location of the withdrawn item listed above. For a complete list of items withdrawn from this folder, see the Withdrawal/Redaction Sheet at the front of the folder. COLLECTION: Presidential Personnel, White House Office of SERIES: Bullock, Katja FOLDER TITLE: Pitt, Harvey FRC ID: FOIA IDs and Segments: 13694 2014-0563-F OA Num.: 2014-0370-F 15375 NARA Num.: 14084 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRAJ an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advise between the President information |(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(8) Release would disclose information concerning the regulation of 2201(3). financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information Deed of Gift Restrictions concerning wells [(b)(9) of the FOIA] A. Closed by Executive Order 13526 governing access to national Records Not Subject to FOIA security information. B. Closed by statute or by the agency which originated the document. Court Sealed - The document is withheld under a court seal and is not subject to C. Closed in accordance with restrictions contained in donor's deed the Freedom of Information Act. of gift. This Document was withdrawn on 4/24/2015 by DRS PREPARED BY: Dina Powell NAME: Harvey Lloyd Pitt NAME & STATE Harvey Pitt of North Carolina POSITION: Commissioner of the Securities and Exchange Commission and Upon Confirmation Designate Chairman TYPE: (bold one) PAS PA SES FT PT TERM: Remainder of a5 year term expiring 6/5/03 VICE: Arthur Levitt, Jr. GENDER: M DOB: (b)(6) BIRTHPLACE: Brooklyn, NY PARTY: (b)(6) SSN: ETHNIC HERITAGE: Polish American RACE: White CHILDREN: Emily, Jonathan, Robert, SPOUSE: Saree Sally VOTING CITY, STATE Washington, DC HOME Washington, DC (in 2000) STATE: CURRENT HOME CURRENT Partner, Fried, Frank, ADDRESS: POSITION AND Harris, Shriver & (b)(6) Jacobson, Chairman of WORK ADDRESS: the DC Office 1001 Pennsylvania Ave, NW Washington DC 20004 HOME PHONE: (b)(6) WORK PHONE: 202-639-7100 EDUCATION: JD St. John's AWARDS: University Law School BA City University of New York- Brooklyn College PREVIOUS General Counsel MILITARY None POSITIONS HELD: SEC SERVICE: PREVIOUS None PRESIDENTIAL APPOINTMENTS: President approved: Security package sent: HARVEY L PITT SUITE 800 1001 PENNSYLVANIA AVENUE, N.W. WASHINGTON, D.C. 20004-2505 (202/639-7100) PERSONAL Fifty-five years old, Born on (b)(6) in New York City Married to Saree Ruffin Pitt (Winston-Salem, N.C.) Four Children, Emily Laura, age 32; Jonathan Bradley, age 28; Robert Garrett, age 11; and Sara (Sally) Dillard, age 9 (b)(6) Resident of Washington, D.C. (b)(6) PROFESSIONAL BACKGROUND Managing Partner Fried, Frank, Harris, Shriver & Jacobson 1001 Pennsylvania Avenue, N.W. Washington, D.C. 20004-2505 1978-Present Practice Specialties Include Corporate, Securities, Banking and Administrative Law Emphasis on the Representation of Fortune 500 Companies, Financial Institutions, in Connection with Mergers, Acquisitions, Divestitures, Leveraged Buyouts, Negotiated and Unsolicited Tender Offers, Mutual Fund Regulation, Disclosure Obligations, Securities Regulation and Securities Enforcement Matters Responsible for the Management of the Firm's Washington, D.C. Office of 130 Attorneys Member of Firm's Governance Committee * * * 2 General Counsel United States Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D.C. 20549 1975-1978 Chief Legal Officer of the Securities and Exchange Commission Responsible for the Administration and Interpretation of the Federal Securities Laws, Representation of the Securities and Exchange Commission in the Federal Courts and before Other Federal Agencies, Working with Congress in the Development of Legislation; Serving as White House Liaison, and Agency Liaison with the Central Intelligence Agency, and Agency Ombudsman Draftsman of Several Major Pieces of Securities Legislation for the Securities and Exchange Commission, Including the Securities Acts Amendments of 1975 and the Foreign Corrupt Practices Act of 1977 Appointed During the Ford Administration; Served Three Chairmen - --- Ray Garrett, Jr., Roderick M. Hills, and Harold M. Williams * * * Executive Assistant to the Chairman United States Securities and Exchange Commission 1973-1975 Chief Legal Advisor to the Chairman of the Securities and Exchange Commission, Ray Garrett, Jr. Served During the Ford and Nixen Administrations * * * Chief Counsel of the Division of Market Regulation United States Securities and Exchange Commission 1972-1973 Senior Legal Advisor to the Division of the Securities and Exchange Commission Responsible for the Regulation of the Nation's Stock Exchanges, Trading Markets, Options Markets, and the Professionals Who Trade on Those Markets 3 Served During the Nixon Administration * * * Editor, Institutional Investor Study United States Securities and Exchange Commission 1971 One of Four Attorneys Who Authored and Edited Major Securities and Exchange Commission Study of Institutional Investors and Their Impact on the Nation's Securities Markets for the United States Congress * * * Special Study to the General Counsel United States Securities and Exchange Commission 1969-1970 Supervisory Attorney in the Securities and Exchange Commission's Office of General Counsel, Responsible for the Preparation and Presentation of the Commission's Appellate and Supreme Court Litigation; Review of Proposed Regulations; and Interpretation of Existing Statutory and Regulatory Provisions * * * Legal Assistant to Commissioner Francis M. Wheat United States Securities and Exchange Commission 1968-1969 Principal Legal Advisor to Presidential Appointee to the Securities and Exchange Commission EDUCATIONAL ACTIVITIES AND BACKGROUND Thomas A. O'Boyle Distinguished Visiting Professor University of Pennsylvania School of Law 1984 * * * 4 Adjunct Professor of Law University of Pennsylvania School of Law 1983-1984 * * * Adjunct Professor of Law Georgetown University Law Center Graduate Program 1974-1984 * * * Adjunct Professor Of Law The George Washington University Law School 1972-1982 * * * J.D. Degree St. John's University Law School New York, New York 1969 * * * B.A. Degree City University of New York (Brooklyn College) 1965 Harvey Pitt Experience: Youngest general counsel of the SEC (1975-1978) Partner, Fried Frank - Top Securities Firm Member of the NASD Legal Advisory Board Member of the Advisory Subcommittee, Federal Regulations of SEC, ABA Qualities: Considered one of the top securities attorneys in the country Loyal to the President and his agenda (early supporter) Familiar with and agrees with the President's policies and vision for the SEC Highly respected by top wall street firms, top accounting firms, former SEC officials, legal and enforcement constituencies Knows SEC very well-will not be captive of the staff Chuck Schwabb issue: He was not his first choice, although he does not have one. He did speak with Linnet Deily and understands where we are in the process and that the President needs to make an appointment. He would like to meet with him when we make the announcement. In addition, it was brought to his attention that Pitt has represented Schwabb several times in the past. If we proceed, we will make sure he meets with him ASAP. References: (bolded names contacted) Donald Marron, Director & Chairman of UBS Paine Webber, Inc. David Komansky, Chairman & CEO of Merrill Lynch Frank Zarb, Chairman & CEO of the NASD Philip Laskawy, CEO of Ernst & Young LLP Dick Grasso, Chairman & CEO of the New York Stock Exchange, Inc. Ede Holiday, Cabinet Sec'y, '89-90, GC Treas. Dept. '90-'92 Barry Melancon, President & CEO of the AICPA Professor Jon Macey, Cornell Law School Jim Schiro, CEO of Pricewaterhouse Coopers Matt Fink, President of the Investment Company Institute John C. Whitehead, AEA Investors 212-755-3131 Judith Soltz, Executive V.P. & General Counsel of CIGNA, Tom Green, General Counsel of Dell Computer 512-728-0355 Others who weighed in: Chris DeMuth (President, AEI) Senator Gramm