The United States Attorney's Office for the Eastern District of New York and the United States Attorney's Office for the Southern District of New York (collectively, the "USAOs") seek Expressions of Interest and Statements of Qualification from applicants able to function as an independent examiner ("Examiner") and furnish examining services with respect to the operations of The Bank of New York ("BNY"). The Examiner must be an entity (or group of entities or individuals) with legal, auditing and investigative skills, that will be retained by BNY pursuant to an agreement with the USAOs (the "Agreement") to review BNY's compliance with the Agreement, BNY's practices relating to the reporting of suspicious activities and anti-money laundering procedures, and BNY's implementation of and compliance with various mandated remedial measures. The Examiner will be selected by the USAOs pursuant to the Agreement and shall report on a semi-annual basis to BNY's General Counsel, with copies to the USAOs, the Federal Reserve Bank of New York and the New York State Banking Department, concerning the efficacy of the mandated remedial measures and BNY's compliance with the statutory and regulatory requirements for reporting of suspicious activities. The Examiner may be required to file additional reports at the discretion of the USAOs. BNY will be responsible for payment of the Examiner's services.

Applicants that can and seek to provide examining services must submit, by no later than 5:00 p.m. on Monday, December 12, 2005, one original and three copies of a written Expression of Interest and Statement of Qualification to Geoffrey Kaiser, Deputy Chief, Public Integrity, United States Attorney's Office for the Eastern District of New York, 147 Pierrepont Street, Brooklyn, New York 11201. Expressions of Interest and Statements of Qualification may be submitted by individuals, or on behalf of firms, interested in furnishing monitoring services.

The Expression of Interest and Statement of Qualification must contain sufficient information to enable the USAOs to assess the applicant's qualifications and ability to provide all of the legal, auditing and investigative skills ("Component Skills") that are required of an Examiner. The Expression of Interest and Statement of Qualification should: (i) furnish a detailed description of the applicant's background and experience in providing examining or equivalent services utilizing each of the Component Skills, especially for, or on behalf of, any local, state or federal government; (ii) identify key staff and describe the personnel and other resources that the applicant intends to utilize (or would have available) to furnish the Component Skills, by providing resumes or histories of key staff and, if applicable, affiliated entities, possessing each of the respective examining Component Skills; (iii) identify any additional relevant expertise available to the applicant; and (iv) provide an organizational chart that details the management and personnel of the applicant's proposed monitoring team. Submissions that fail to include any of the items detailed above will not be considered. Further, no submission received after 5:00 p.m. on Monday, December 12, 2005 will be considered.

Those persons and/or firms that have previously expressed an interest in serving as the Examiner for BNY, if still interested in furnishing examining services, must at this time submit the requisite written Expression of Interest and Statement of Qualification to the USAO contact as described above.

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