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Footnote 8

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Insiders’ schemes, including its crucial roles as investor in the LJM entities and structurer of LJMtransactions, made it possible for the Insiders to conceal hundreds of millions of dollars of Enron’sdebt and claim hundreds of millions of dollars of operating revenue Enron never had.555. The Enron Examiner thoroughly reviewed and criticized CSFB’s conduct. Heconcluded that CSFB knowingly facilitated the Insiders’ misstatements of Enron’s financialcondition. Specifically, the Examiner found that CSFB’s participation in the LJM1 transactions,including the Rhythms Hedge, enabled Enron improperly to recognize $95 million of income in1999, representing 10.6% of its originally reported net income for that year. Exam. Final Report,App. F at 2-3. CSFB’s participation in LJM also enabled Fastow to enrich himself and other Enronofficers, including Kopper and Glisan, at Enron’s expense and in violation of their fiduciary dutiesto Enron. Id.556. While substantial, the damage from LJM was not the only damage to which CSFBcontributed. The Examiner concluded that CSFB’s participation in the December 2000 Prepaid OilSwap, the September 2001 Prepaid Oil Swap, and the Nile and Nikita transactions also allowed theInsiders improperly to record approximately $172.2 million as cash flow from operating activitiesand improperly to understate debt by $150 million in its December 31, 2000 balance sheet. Exam.Final Report, App. F at 3-4.(1) CSFB’s relationship with Enron.557. CSFB was a Tier 1 bank and regular lender to Enron. That position was strengthenedwhen, in November 2000, CSFB became affiliated with DLJ. Fastow himself called CSFB the “goto” firm for structured finance and the model for other financial institutions to follow. CSFBCO000203135. In fact, CSFB may have had the closest relationship with the Insiders – especiallyFastow – of any of the Bank Defendants. See Exam. Final Report, App. F at 11-20.604041v1/007457-185-

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