LOWER -MANHATTAN

CONSTRUCTION
COMMAND CENTER
Facilitate, Mitigate. Communicate

Charles Maikish
Executive Director

April 12, 2006

PRIVILEGED AND CONFIDENTIAL

Robert F. Roach
Chief of Staff
NYC. Department of Investigation
80 Maiden Lane
New York, NY 10038

Dear Mr. Roach:

I write to you in response to your letter ofApril 11, 2006 (the "letter"), regarding
130 Liberty Street --- the Deutsche Bank Building.

Clearly, the Lower Manhattan Construction Command Center ("LMCCC") was

remiss in not fully communicating with the Department of Investigation ("DOZ") about
this project. LMCCC acknowledges, that it did not ask DOI to vet the John Gait
Corporation beyond the request for a name check! In addition, LMCCC did not ask DOI
to vet the John Galt Corporation's employment of NIx'tc r ("Aivo") and D Mle
("Adler") on the 130 Liberty Street prooject. The LMCCC also acknowledges that DOI
had previously provided the LMCCC with negative inforrimation regarding Alvo and
Adler.

LMCCC had recommended to the Lower Manhattan Development Corp.

("LMDC") that as a condition to the John Galt Corporation employing Alvo and Adler,
those individuals would have to cooperate with DOI in its ongoing investigation of

T
In the request for a name check amongst the Lower Manhattan Constmction Integrity Team
("LMCIT") of which DOI is a member, Ron Calvosa specifically indicated that the 'John Gait Ca oration
was a proposed deconstruction subcontractor -tar 130 Liberty Street. In addition, Calvosa ha3'a
conversation with Mary Piechocki in which he specifically indicated to her that this request ;should be
brought to your attention. Ina subsequent email from Piechocla to Calvosa, she indicated that she was
waiting for information from you regarding this request. -

One Liberty Plaza, 20th Floor

New York, New York 10006
V. 212-587-9643
Fax 272-266-7810
 Robert F. Roach
April 12, 2006
Page 2

Safeway. When LMCCC and DOI met on Februarv 2, 2006, T raised the possibility of
conditioning Alvo and Adler employment dh the 130 i erty treet project contingent
upon their cooperation with DOT. At that time, DOT indicated that it would take the
matter under advisement. Admittedly, LMCCC did not consult further with DOI on this
issue prior to LMCCC recommending to LMDC that this be included as a condition for
the approval of the subcontract to the John Galt Corporation.

I would also like to raise the following two points which are in need of
clarification. First, decisions regarding whether contractors and subcontractors are
"responsible"' are up to LMDC. In this instance, information obtained as a result of the
LMCIT name check (including DOI's response), and other checks performed by LMDC
and its outside consultant were reviewed by LMDC who made a determination regarding
the responsibility of the John Galt Corporation. Second, in footnote No. 6 of your letter
you indicate that the conditions regarding the approval of the John Galt Corporation's
subcontract "does not preclude such arrangements with individuals who could be as non-
responsible as consultants for this job." The inference is therefore that certain individuals
may have been precluded from being employed by the John Galt Corporation may be
brought on in a consultant role. This precise arrangement has been contemplated and is
addressed and precluded in the first condition regarding the approval of the subcontract.
The first condition is:

"LMDC at this time approves the pending request to employee Mitchell Alvo and
Don Adler but Bovis and the John Galt Corp., wi ll not employee or utilize the
services of any other senior executives, principals, or owners of Safeway,
Environmental Corp, Dynamic Equipment Corp and Big Apple Wrecking Corp or
their successors." (Emphasis added).

This language clearly addresses a potential consultant relationship.

The 130 Liberty Street project is being very closely supervised and scrutinized by
a variety of entities, including government regulators. In addition, there is an Integrity
Monitor assigned to oversee this entire project.

The activities of the John Galt Corporation will be closely scrutinized. If Alva or
Adler engages in any activity which demonstrates a continued connection to Safeway or
ifthey engage in any illicit activity, we will immediately demand their removal from this
project.

I have reviewed with Ron Calvosa, his involveinent in the 130 Liberty Street
project as discussed in your letter and am completely satisfied that he has acted
appropriately.
 Robert F. Roach
April 12, 2006
Page 3

I look forward to our continued working relationship and will get back to you
regarding the draft Memorandum of Understanding which DOI has sent to LMDC and
LMCCC regarding potential funding for DOT for its work in regarding Lower Manhattan
projects.

cc: Hon. Rose Gill Hearn, Commissioner, DO!