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Footnote 8

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2001), and at Executive Committee meetings in and around the time of the transaction (includinga meeting on June 21, 2001).1373. Insiders Causey and Fastow did not disclose to Enron that the accounting for theChase XII prepay transaction was inconsistent with GAAP or otherwise misleading at a Boardmeeting on August 13-14, 2001, and a Finance Committee meeting on August 13, 2001.Fishtail1374. The Insiders did not disclose to Enron that the accounting for the Fishtail transaction,which was executed approximately December 19, 2000, was inconsistent with GAAP or otherwisemisleading.1375. The Insiders did not disclose to Enron that the accounting for the Fishtail transactionwas inconsistent with GAAP or otherwise misleading at Board meetings in and around the time ofthe transaction (including meetings on December 7 and December 12, 2000), at Finance Committeemeetings in and around the time of the transaction (including a meeting on December 11, 2000), andat Executive Committee meetings in and around the time of the transaction (including a meeting onDecember 7, 2000),1376. Insiders Causey, Fastow, Glisan, and McMahon did not disclose to Enron that theaccounting for the Fishtail transaction was inconsistent with GAAP or otherwise misleading at theFinance Committee meeting on December 11, 2000.December 2000 Prepaid Oil Swap1377. The Insiders did not disclose to Enron that the accounting for the December 2000Prepaid Oil Swap transaction, which closed approximately December 15, 2000, was inconsistentwith GAAP or otherwise misleading.1378. The Insiders did not disclose to Enron that the accounting for the December 2000Prepaid Oil Swap transaction was inconsistent with GAAP or otherwise misleading at Board604041v1/007457-440-

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