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tjc eW ork ime
                                         WASHINGTON BUREAU
                                          1627 1 STREET. N W.
                                        WASHINGTON. DC. 20006
                                            (202) 8620300




                                          August 25, 2011

Representative Darrell Issa
House of Representatives
2347 Rayburn House Office Building
Washington, D.C. 20515

Dear Mr. Issa,

         Weā€™ve reviewed in detail your officeā€™s request for a retraction of our Aug. 15 story.
Each day, we strive to present as comprehensive and accurate a report as possible and to correct
factual mistakes when they occur. As noted below, we plan to correct two errors that occurred as
a result of inaccurate public records: in one case, your own foundationā€™s inaccurate filing to the
Internal Revenue Service; in the other, the San Diego county assessorā€™s inaccurate records on the
West Vista Way purchase.
        The article was carefully reported, written, and edited, and we stand by the story both in
its broad thrust and, except as noted, in its particular details. We do not believe a retraction is
warranted.
        Your outside business interests are both substantial and complex, and our reporting on an
issue of clear public importance was made more difficult by your officeā€™s refusal to respond to,
or even acknowledge three weeksā€™ worth of requests for comment (including questions about
several of the specific issues you have raised). Had your office responded, some of the issues you
have raised might have been addressed ahead of time.
        To address the three central claims in a letter from Frederick Hill, writing on your behalf:

                  ā€œDirected Electronics is, in fact, not a supplier to Toyota.ā€
         DEl has produced a number of products in partnership and/or licensing agreements with
Toyota and for use specifically in its automobiles, including alarm systems, a ā€œremote start
interface for Toyota!Lexis,ā€ an ā€œencrypted key data transponder bypass kit,ā€ an iPod adapter, and
a Sirius satellite adapter for use ā€œwith select Toyota, Lexus or Scion vehicles.ā€
Toyota itself has also acknowledged that its dealers may make DEl products available to
customers on an aftermarket basis.
         This issue might be viewed as a semantic debate over the definition of a ā€œsupplier,ā€ were
it not for your own statements. In an interview you did with Don Imus the day after the Toyota
hearing in February 2010, he asked whether you had failed to ask harder questions of Mr.
Toyoda, the companyā€™s chief executive, because of your ā€œextensive, complicated tiesā€ with the
auto maker. http://w.voutube.com/watch?v=G2SFARgxvvE
As you did in other interviews, you readily acknowledged your past ties to Toyota, identified
yourself as a ā€œsupplierā€ three times, and suggested that your sometimes contentious relationship
with Toyota over the pricing of DElā€™s products made you want to go harder, not easier, on the
company during the recall investigation.
ā€œIf you ever met anyone that was a supplier to the auto companies, weā€™ve wanted to ask
them harder questions and be in control for a long time,ā€ you said in the Irnus interview. ā€œToyota
probably got a harder time by having an automobile supplier sitting up there on the dais saying,
ā€˜hold it, Iā€™m not letting you off the hook now.ā€™
         ā€œI was an auto supplier,ā€ you continued. (emphasis added). ā€œThereā€™s nothing more
hypocritical than an auto company saying ā€˜I want a price cut.ā€™ You give them the price cut; the
cars come out 20 percent more expensive the next year. Trust me, we all wantedā€”that was the
question I couldnā€™t ask (Chairman Toyoda) is why is it every year I had to give you price
reductions to all my auto company customers and every year you have price increases.ā€
(emphasis added)
         (You also insisted in the interview that you had ā€œno financial connection at all to the auto
companies,ā€ a misleading assertion given the extensive holdings in DEl held by your family
foundation that you control as trustee, as well as the millions in rentals your company has
collected from DEl for its headquarters in Vista, Calif.)

        ā€¢     ā€œThe ā€˜1,900 percent ā€˜profit allegation is, again, based on reporting errors by the New
              York Times. This is (sic,) assertion is based on an incorrect form obtained by the
              Times.
         As noted above, the ā€œincorrect formā€ you cite was filed by your own foundation with the
I.R.S. (http://bit.ly/q6ERUk). We accurately reported the data found on page 16 of the I.R.S.
 filing. We are aware of no addendum or subsequent filing that would have corrected what you
present as errors in the filing, and as Iā€™m sure youā€™re aware, non-profit foundations are required
to attest to the accuracy of their filings.
         While we appreciate your sending us a portion of the Merrill Lynch ā€œtrade confirmationā€
from April 2007, that document raises additional questions. It does not include three of the six
pages that Merrill Lynch faxed to your wife that day. The material also does not show the sale
price or gross sale for the 18,789 shares purchased on April 4,2007, nor does it show the
purchase or sale of another 17,636 shares of the AIM International Small Company Fund that the
foundation reported purchasing the next month and selling the same day as the earlier shares.
         As you know, our reporter, Eric Lichtblau, specifically inquired about this transaction in
his detailed e-mail to your office on Aug. 10, when he asked about ā€œthe foundationā€™s stock and
mutual fund investments, including investments in an AIM small company mutual fund that
produced a rate of return of nearly 1,900% on a $375,000 sale in 2008, according to the
foundationā€™s Form 990 filings.ā€
         We received no response.
         While we intend to correct the foundationā€™s inaccurate report on the sale price, we would
like to find out how the error occurred three different ways on the Form 990, what the final sales
figures were for all the AIM shares, and whether the foundation intends to correct its filing with
the I.R.S.
         We would also like authorization to speak with Merrill Lynch about the AIM issue to
clear it up.

    ā€¢ ā€œThe property in question was not purchasedfor $10.3 million.
The San Diego county assessor, Ernest Dronenburg, has acknowledged to us that the assessorā€™s
officeā€™s own records were in error in listing the SI 0.3 million sales price for Viper LLC,ā€™s
purchase of 2067 West Vista Way. The $10.3 million figure was listed as the sales price in
Nexis-Lexis and other real estate databases as a result of the error, and Mr.
Lichtblau confirmed the $10.3 million sales figure and the $16.6 million reassessment with the
deputy assessor in a phone interview prior to publication of our article. However, Mr.
Dronenberg says that the internal error was a result of a misreading of the transaction and of the
S6 million loan Viper assumed from the seller. Mr. Dronenburg told us that the assessorā€™s office
plans to correct the internal data by the end of this week and, as noted above, we intend to
correct it in our own pages as well.

        You also raise a number of peripheral points about alleged inaccuracies:

        The reporter ā€œrefused to share the contact information of his editors for a discussion of
        errors...ā€™
        When Mr. Hill first e-mailed Mr. Lichtblau on the morning of Aug. 15 with your ā€œrequest
for corrections,ā€ he responded promptly that morning (notwithstanding the fact that his repeated
e-mails to Ms. Watkins, Mr. Hill, and Mr. Neugebauer, all of your staff, had gone unanswered
for weeks). The typo in the story regarding the value of the separate ā€œmultimillion dollarā€
companies was corrected online within an hour. (Despite the typo, the correct valuation of the
separate L.L.C.s, ā€œvalued at up to a total of $80 million,ā€ was reported elsewhere in the story.)
        Mr. Lichtblau responded promptly to Mr. Hillā€™s follow-up e-mail about the disputed
Toyota-DEl relationship, pointing him to the Imus interview, and he received no further contact
from Mr. Hill. By that point, Mr. Hill had already begun reaching out to numerous reporters and
others inside and outside of The Times to press your complaints, and Mr. Lichtblau heard
nothing further from him.

     ā€¢ The golf course view
     It does appear that parts of the building, one of the tallest in the area, does in fact look out on
the Shadowridge Country Club golf course less than a quarter-mile to the southwest. The realty
agency itself has advertised the ā€œdirect views to golf driving range.ā€
(http :!/bit.ly/g ibOQ 8)
         While we appreciate the partial video tour of your office views, the piece never addressed
one way or the other whether your congressional office has a view of the golf course. The
language of the lead paragraph (ā€œHere on the third floor of a gleaming office building
overlooking a golf course in the rugged foothills north of San Diego, the entrepreneur...) clearly
is referring to the building, not your congressional office. In fact, the congressional office is not
even introduced until the next paragraph.

    ā€¢    The discussion of earmarks on West Vista Way ā€˜fails to mention that at the time he
         sought funding for li/s district lie did not own this properti.
         As the story noted, you secured two earmarks for the road widening -ā€”both before and
after Vista bought the medical office plaza. You also unsuccessfully sought millions more for the
project.

    ā€¢   The story fails to note that Rep. Issa ā€˜s transactions with Merrill Lynch have been
        appropriately disclosed in his annual ethics/fling.ā€
The story does in fact make repeated reference to your annual disclosure reports as the
source of financial data about his assets and investments.

        ā€œMr. Issa is keenly interested iii Goldman s performance. This statement lacks a basis
       inflict as Rep. Issa does not have investments dependent on Goldman Sachss (sic)
       performance.ā€
         Your interest in Goldmanā€™s performance is borne out by, among other factors, your
extensive holdings in its mutual funds, your investigation into the lawsuit brought against the
firm by the Securities and Exchange Commission in 2008, and the concerns raised in your July
2011 letter about the impact on Goldman of capital requirements. As was noted in a follow-up
column by one of our news columnists, Floyd Norris, Goldman Sachs also underwrote DElā€™s
initial I.P.O., another indication of the ties between you and the firm.

        I hope this answers your concerns. Finally, Iā€™d like to say that it is troubling to see your
office using the letterhead and imprirnatur of a powerful congressional committee to wage
personal and meritless attacks on a reporter and a news organization.

                                              tncere1y


                                                      ā€”   ā€”ā€˜
                                                               ā€˜   /
                                                                           /
                                             //   ā€¢




                                                                   /
                                          Dean P Baquet
                                     Assistant Managing Editor
                                     Washington Bureau Chief



cc: Arthur S. Brisbane, Public Editor

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New York Times response to Darrell Issa

  • 1. tjc eW ork ime WASHINGTON BUREAU 1627 1 STREET. N W. WASHINGTON. DC. 20006 (202) 8620300 August 25, 2011 Representative Darrell Issa House of Representatives 2347 Rayburn House Office Building Washington, D.C. 20515 Dear Mr. Issa, Weā€™ve reviewed in detail your officeā€™s request for a retraction of our Aug. 15 story. Each day, we strive to present as comprehensive and accurate a report as possible and to correct factual mistakes when they occur. As noted below, we plan to correct two errors that occurred as a result of inaccurate public records: in one case, your own foundationā€™s inaccurate filing to the Internal Revenue Service; in the other, the San Diego county assessorā€™s inaccurate records on the West Vista Way purchase. The article was carefully reported, written, and edited, and we stand by the story both in its broad thrust and, except as noted, in its particular details. We do not believe a retraction is warranted. Your outside business interests are both substantial and complex, and our reporting on an issue of clear public importance was made more difficult by your officeā€™s refusal to respond to, or even acknowledge three weeksā€™ worth of requests for comment (including questions about several of the specific issues you have raised). Had your office responded, some of the issues you have raised might have been addressed ahead of time. To address the three central claims in a letter from Frederick Hill, writing on your behalf: ā€œDirected Electronics is, in fact, not a supplier to Toyota.ā€ DEl has produced a number of products in partnership and/or licensing agreements with Toyota and for use specifically in its automobiles, including alarm systems, a ā€œremote start interface for Toyota!Lexis,ā€ an ā€œencrypted key data transponder bypass kit,ā€ an iPod adapter, and a Sirius satellite adapter for use ā€œwith select Toyota, Lexus or Scion vehicles.ā€ Toyota itself has also acknowledged that its dealers may make DEl products available to customers on an aftermarket basis. This issue might be viewed as a semantic debate over the definition of a ā€œsupplier,ā€ were it not for your own statements. In an interview you did with Don Imus the day after the Toyota hearing in February 2010, he asked whether you had failed to ask harder questions of Mr. Toyoda, the companyā€™s chief executive, because of your ā€œextensive, complicated tiesā€ with the auto maker. http://w.voutube.com/watch?v=G2SFARgxvvE As you did in other interviews, you readily acknowledged your past ties to Toyota, identified yourself as a ā€œsupplierā€ three times, and suggested that your sometimes contentious relationship with Toyota over the pricing of DElā€™s products made you want to go harder, not easier, on the company during the recall investigation.
  • 2. ā€œIf you ever met anyone that was a supplier to the auto companies, weā€™ve wanted to ask them harder questions and be in control for a long time,ā€ you said in the Irnus interview. ā€œToyota probably got a harder time by having an automobile supplier sitting up there on the dais saying, ā€˜hold it, Iā€™m not letting you off the hook now.ā€™ ā€œI was an auto supplier,ā€ you continued. (emphasis added). ā€œThereā€™s nothing more hypocritical than an auto company saying ā€˜I want a price cut.ā€™ You give them the price cut; the cars come out 20 percent more expensive the next year. Trust me, we all wantedā€”that was the question I couldnā€™t ask (Chairman Toyoda) is why is it every year I had to give you price reductions to all my auto company customers and every year you have price increases.ā€ (emphasis added) (You also insisted in the interview that you had ā€œno financial connection at all to the auto companies,ā€ a misleading assertion given the extensive holdings in DEl held by your family foundation that you control as trustee, as well as the millions in rentals your company has collected from DEl for its headquarters in Vista, Calif.) ā€¢ ā€œThe ā€˜1,900 percent ā€˜profit allegation is, again, based on reporting errors by the New York Times. This is (sic,) assertion is based on an incorrect form obtained by the Times. As noted above, the ā€œincorrect formā€ you cite was filed by your own foundation with the I.R.S. (http://bit.ly/q6ERUk). We accurately reported the data found on page 16 of the I.R.S. filing. We are aware of no addendum or subsequent filing that would have corrected what you present as errors in the filing, and as Iā€™m sure youā€™re aware, non-profit foundations are required to attest to the accuracy of their filings. While we appreciate your sending us a portion of the Merrill Lynch ā€œtrade confirmationā€ from April 2007, that document raises additional questions. It does not include three of the six pages that Merrill Lynch faxed to your wife that day. The material also does not show the sale price or gross sale for the 18,789 shares purchased on April 4,2007, nor does it show the purchase or sale of another 17,636 shares of the AIM International Small Company Fund that the foundation reported purchasing the next month and selling the same day as the earlier shares. As you know, our reporter, Eric Lichtblau, specifically inquired about this transaction in his detailed e-mail to your office on Aug. 10, when he asked about ā€œthe foundationā€™s stock and mutual fund investments, including investments in an AIM small company mutual fund that produced a rate of return of nearly 1,900% on a $375,000 sale in 2008, according to the foundationā€™s Form 990 filings.ā€ We received no response. While we intend to correct the foundationā€™s inaccurate report on the sale price, we would like to find out how the error occurred three different ways on the Form 990, what the final sales figures were for all the AIM shares, and whether the foundation intends to correct its filing with the I.R.S. We would also like authorization to speak with Merrill Lynch about the AIM issue to clear it up. ā€¢ ā€œThe property in question was not purchasedfor $10.3 million. The San Diego county assessor, Ernest Dronenburg, has acknowledged to us that the assessorā€™s officeā€™s own records were in error in listing the SI 0.3 million sales price for Viper LLC,ā€™s
  • 3. purchase of 2067 West Vista Way. The $10.3 million figure was listed as the sales price in Nexis-Lexis and other real estate databases as a result of the error, and Mr. Lichtblau confirmed the $10.3 million sales figure and the $16.6 million reassessment with the deputy assessor in a phone interview prior to publication of our article. However, Mr. Dronenberg says that the internal error was a result of a misreading of the transaction and of the S6 million loan Viper assumed from the seller. Mr. Dronenburg told us that the assessorā€™s office plans to correct the internal data by the end of this week and, as noted above, we intend to correct it in our own pages as well. You also raise a number of peripheral points about alleged inaccuracies: The reporter ā€œrefused to share the contact information of his editors for a discussion of errors...ā€™ When Mr. Hill first e-mailed Mr. Lichtblau on the morning of Aug. 15 with your ā€œrequest for corrections,ā€ he responded promptly that morning (notwithstanding the fact that his repeated e-mails to Ms. Watkins, Mr. Hill, and Mr. Neugebauer, all of your staff, had gone unanswered for weeks). The typo in the story regarding the value of the separate ā€œmultimillion dollarā€ companies was corrected online within an hour. (Despite the typo, the correct valuation of the separate L.L.C.s, ā€œvalued at up to a total of $80 million,ā€ was reported elsewhere in the story.) Mr. Lichtblau responded promptly to Mr. Hillā€™s follow-up e-mail about the disputed Toyota-DEl relationship, pointing him to the Imus interview, and he received no further contact from Mr. Hill. By that point, Mr. Hill had already begun reaching out to numerous reporters and others inside and outside of The Times to press your complaints, and Mr. Lichtblau heard nothing further from him. ā€¢ The golf course view It does appear that parts of the building, one of the tallest in the area, does in fact look out on the Shadowridge Country Club golf course less than a quarter-mile to the southwest. The realty agency itself has advertised the ā€œdirect views to golf driving range.ā€ (http :!/bit.ly/g ibOQ 8) While we appreciate the partial video tour of your office views, the piece never addressed one way or the other whether your congressional office has a view of the golf course. The language of the lead paragraph (ā€œHere on the third floor of a gleaming office building overlooking a golf course in the rugged foothills north of San Diego, the entrepreneur...) clearly is referring to the building, not your congressional office. In fact, the congressional office is not even introduced until the next paragraph. ā€¢ The discussion of earmarks on West Vista Way ā€˜fails to mention that at the time he sought funding for li/s district lie did not own this properti. As the story noted, you secured two earmarks for the road widening -ā€”both before and after Vista bought the medical office plaza. You also unsuccessfully sought millions more for the project. ā€¢ The story fails to note that Rep. Issa ā€˜s transactions with Merrill Lynch have been appropriately disclosed in his annual ethics/fling.ā€
  • 4. The story does in fact make repeated reference to your annual disclosure reports as the source of financial data about his assets and investments. ā€œMr. Issa is keenly interested iii Goldman s performance. This statement lacks a basis inflict as Rep. Issa does not have investments dependent on Goldman Sachss (sic) performance.ā€ Your interest in Goldmanā€™s performance is borne out by, among other factors, your extensive holdings in its mutual funds, your investigation into the lawsuit brought against the firm by the Securities and Exchange Commission in 2008, and the concerns raised in your July 2011 letter about the impact on Goldman of capital requirements. As was noted in a follow-up column by one of our news columnists, Floyd Norris, Goldman Sachs also underwrote DElā€™s initial I.P.O., another indication of the ties between you and the firm. I hope this answers your concerns. Finally, Iā€™d like to say that it is troubling to see your office using the letterhead and imprirnatur of a powerful congressional committee to wage personal and meritless attacks on a reporter and a news organization. tncere1y ā€” ā€”ā€˜ ā€˜ / / // ā€¢ / Dean P Baquet Assistant Managing Editor Washington Bureau Chief cc: Arthur S. Brisbane, Public Editor