,

r SIDLEY AUSTIN WASHINGTON, (202) 736 8000 (202) 736 8711 FAX
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BEIJING BRUSSELS CHICAGO DALLAS FRANKFURT GENEVA HONG KONG LONDON LOS ANGELES

NEW YORK PALO ALTO SAN FRANCISCO SHANGHAI SINGAPORE SYDNEY TOKYO WASHINGTON, D.C.

1501 K STREET, N.W. D.C. 20005

tcgreen@sidley.com (202) 736 8069 FOUNDED 1866

July 20,2011

Robin C. Ashton Counsel Office of Professional Responsibility 950 Pennsylvania Avenue, N.W., Suite 3266 Washington, DC 20530-0001 Candice M. Will Assistant Director, aPR FBI Room PA-444 935 Pennsylvania Avenue, NW Washington, DC 20535-0001 Dear Ms. Ashton and Ms. Will, I am a Senior Counsel in the Washington, DC office of Sidley Austin. Commencing in 2006, I was retained to represent the then Governor of Puerto Rico, Anibal Acevedo-Vila, who ultimately became the target of an investigation conducted by the US Attorneys Office in San Juan. Much of the investigation was carried out by FBI agents in San Juan under the supervision of Luis Fraticelli, who was at the time the SAC. My client was ultimately indicted, not once, but twice. The indictments were consolidated for triaL After many days of trial, my client was acquitted of all charges in March of 2009. In the fall of 2008, he stood for re-election and was defeated. He is now in private practice. The investigation was very long, very intrusive and very intense. There was a lot of criticism of the FBI concerning the scope of the investigation, and questions were raised about motives and politics and other such SUbjects. In the intervening years, most all of that had quieted down. Mr. Fraticelli has apparently been promoted and will soon be leaving Puerto Rico for a more significant job in the Bureau. In connection with his reassignment, he has been appearing on radio talk shows and is making other public statements concerning his tenure in Puerto Rico.

Sidley Austin

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Robin C. Ashton Candice M. Will July 20, 2011 Page 2

On July 6, he appeared on a radio talk show and said some egregious and false things about my client. I suspect that his remarks emanate from hard feelings on his part. On July 12, I wrote Mr. Fraticelli to complain about his remarks and to demand that he correct the record. A copy of that letter is attached for your convenience. Mr. Fraticelli should not be permitted to disseminate publicly false information about the former Governor, suggesting that my client engaged in criminal conduct. Mr. Fraticelli's remarks were clearly improper and constitute official misconduct. His activities must not be condoned. Mr. Fraticelli has not seen fit to respond to my letter. I believe he feels that he can say whatever he wants with impunity, even if it consists of publishing false allegations of criminal conduct. . I am available to discuss this matter with you and to furnish you with whatever you might wish to review. I ask that you look into this matter and that you take appropriate action.

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Thomas C. Green Enclosures

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SIDLEY AUSTIN LLP 1501 K STREET, N.W. WASHINGTON, (202) 736 8000 (202) 7368711 FAX D.C. 20005

BEIJING BRUSSELS CHICAGO DALLAS FRANKFURT GENEVA HONG KONG LONDON LOS ANGELES

NEW YORK PALO ALTO SAN FRANCISCO SHANGHAI SINGAPORE SYDNEY TOKYO WASHINGTON, D.C.

Icgreen@sidley.com (202) 736 8069 FOUNDED 1866

July 12,2011

By Email and First Class Mail Luis Fraticelli SAC, FBI Federal Office Building Suite 526 150 Carlos Chardon Ave Hato Rey, PR 00918 Dear Mr. Fraticelli: I represent former Governor Anibal Acevedo Vila, and I represented him throughout the investigation conducted by your office and the United States Attorney's office. I also represented him at the trial at which he was acquitted of all charges. You have lately engaged in conduct which reflects adversely upon my client by publicly suggesting that in 2006 my client stimulated an improper approach to you for the purpose of influencing the course of the investigation being conducted by the FBI. You did so under circumstances that lead me to conclude that you knew that what you suggested and publicly disseminated was false and defamatory. Your behavior in this regard was reckless and totally improper, and, if necessary, I intend to bring it to the attention of other authorities, including those in the Bureau, without prejudice to seeking other legal relief. On July 6, EI Vocero published an interview with you, which I presume is part of some sort of farewell media tour. According to the article, you spontaneously referred to an incident in the summer of 2006 where a person "close to a politician" asked businessman Juan Bravo to make an "improper" approach to you. You provided no further details or names in that interview. The next day EI Vocero published a copy of the first page of a memo created by you on August 3,2006. It is apparent that in this memo you intended to memorialize the facts surrounding this approach. It is also apparent from a review ofthe first page of your memo that the "person" who communicated with Mr. Bravo and who requested the alleged improper approach is not my client. It is also obvious from this page that Mr. Bravo was relating to you only hearsay.

Sidley Austin

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Luis Fraticelli July 12, 2011 Page 2

On July 6, you participated in a radio interview with Alex Delgado, a reporter for the Noti Uno radio station. Mr. Delgado had some how managed to obtain a copy of the first page of your August 2006 Memo. During your radio interview you confirmed that the reporter had only the first page from your official FBI memo which consisted of four pages. During this radio interview you agreed with the reporter that the approach to you "could have been" an attempt to obstruct justice, and you also deliberately left uncorrected the suggestion, while answering a question from the reporter, that my client was behind the approach to you in July of 2006. You went on to state in the radio interview that your entire four page memo was produced to the lawyers of Senator Hector Martinez and Juan Bravo in connection with their trial. I will leave to the pursuit of others how it came to pass that all or a portion of your memo was leaked to third parties, including the press and Mr. Delgado. However, during your radio interview you stated that your memo was subject to a gag order entered in the Bravo, Martinez case and that it was leaked illegally. Nevertheless, you congratulated the radio station for having obtained a copy of a portion of the document, which was clearly inappropriate on your part. When El Vocero published a copy of the first page of your memo on July 7, on its front page, the accompanying headline stated: ANIBAL WANTED TO INFLUENCE THE FBI; WITH DOCUMENTS, LUIS FRA TICELLI ADMITS IN NOn UNO THAT HE WAS REFERRING TO THE FORMER GOVERNOR IN HIS INTERVIEW WITH EL VOCERO. I am confident that your memo, which you created in 2006, does not confirm that my client had anything to do with Mr. Bravo's approach to you. The published page of your memo refers to the entire incident as "ROUTINE", and as far as I know your office never pursued any investigation of my client regarding the so called "approach" by Mr. Bravo. Had you initiated such an investigation, I would have known about it, and I would have been entitled to receive a copy of your memo during the discovery phase of my client's trial. Moreover, had you credited anything Mr. Bravo said and had you commenced any investigation, your radio interview would serve as a concession that the government wrongly withheld information from my client's defense team. As far as I can tell, this matter remained routine and totally undeserving of further investigation for the next five years .... until your farewell media tour, at which time you uttered and allowed the false accusation to circulate that my client was behind Mr. Bravo's approach to you. It is my preference not to escalate this into formal legal proceedings. I am therefore offering you the opportunity to state publicly that neither you nor any other FBI agent or official has ever been in possession of any evidence confirming that my client was involved in any way

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Luis Fraticelli July 12, 2011 Page 3

in the approach to you which occurred in July of 2006. Time is of critical essence. How I proceed from this point forward is up to you.

TCG:seo

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