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Forum activities relating to CA, Inc. are temporarily suspended pending release of a court-appointed Examiner's report on management compliance with a Deferred Prosecution Agreement.

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For related communications with CA management concerning the request for public release of the referenced Examiner's report, see




Sent: Thursday, September 04, 2008 9:08 PM
Subject: Renewing request for CA's public release of Examiner's report

Copied below is a letter sent this afternoon to the Chairman of CA's board, with a copy to the company's CEO, requesting their public release of a final Examiner's report that was prepared as a requirement of the Deferred Prosecution Agreement.  It's assumed that the Examiner must have addressed the issues of director responsibility raised yesterday in news of the Kumar statements, and that whatever the Examiner reported will be relevant to shareholder decisions about voting for directors at next week's annual meeting.
As noted in the letter below, there is no known reason why the full Examiner's report cannot be made publicly available.
Please let me know if you have any questions or comments about the information you'd like to see.  We've been trying to conclude the CA Forum program for a very long time, so will welcome any thoughts on how that should be done.
Gary Lutin
Lutin & Company
575 Madison Avenue, 10th Floor
New York, New York 10022
Tel: 212-605-0335







Lutin & Company


575 Madison Avenue – 10th Floor, New York, New York 10022

Telephone: (212) 605-0335

September 4, 2008


By email


Mr. William E. McCracken

Chairman, Board of Directors

Computer Associates International, Inc.

One Computer Associates Plaza

Islandia, New York 11749


Dear Mr. McCracken:

            As you may know, prior to your assuming responsibility for chairing CA’s board the Shareholder Forum program for CA had suspended its activities pending release of the Examiner’s report required by the Deferred Prosecution Agreement.* Since recent news reports have raised questions about director responsibility that should have been addressed by the Examiner, I ask you to encourage the company’s immediate release of at least the final report that was presented to the court. 

            Whatever the Examiner does or does not say about the conduct of directors, it will be important to make his report publicly available in time for shareholders to consider information that may be relevant to their voting for directors at your annual meeting scheduled for September 9.

            Please let me know by tomorrow if the company requires any formal request, such as another submission by the Forum of a shareholder demand according to Section 220 of the Delaware General Corporation Law.  I assume that there will be no confidentiality issues, since the Deferred Prosecution Agreement did not provide for any restriction of public access to the report.

Sincerely yours,




Gary Lutin


cc:        Mr. John A. Swainson

Transition Investments, Inc.



The Forum is open to all Computer Associates ("CA") shareholders, whether institutional or individual, and to any fiduciaries or professionals concerned with their investment decisions.  Its purpose is to provide shareholders with access to information and a free exchange of views on issues relating to their evaluations of alternatives, as described in the Forum Summary.

There is no charge for participation.  As stated in the Conditions of Participation, participants are expected to make independent use of information obtained through the Forum, subject to the privacy rights of other participants.  It is a Forum rule that participants will not be identified or quoted without their explicit permission.

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The material presented on this web site is published by Gary Lutin, as chairman of the Shareholder Forum.