SMOKE AND FUMES the world and the company.164 This investigation has already revealed significant evidence of potential corporate malfeasance. For example, evidence from the investigation indicates that, for years, Exxon used a lower cost of carbon in internal calculations than the one it represented to investors and the public.165 In June 2017, Schneiderman’s office filed the transcript of an interview with Connie Feinstein, an information technology security and consulting manager at ExxonMobil, conducted as part of this investigation.166 This transcript revealed that, as CEO of ExxonMobil, Rex Tillerson used a secret email address, under the alias “Wayne Tracker.”167 Not only was this email account secret, it was registered to Romana Helble, an IT manager at the company—ensuring there was no visible link between Tillerson and the account.168 And, whereas Tillerson’s official emails were preserved to accord with record preservation requirements, the secret account was subject to Exxon’s file purge program, potentially deleting up to seven months of Wayne Tracker emails.169 Notwithstanding Feinstein’s own role in ensuring electronic compliance with document production and audit requirements, she stated that she was not aware of the Wayne Tracker emails until 2017.170 She confirmed, however, that several Exxon executives, including at least one who was directly involved in producing subpoenaed documents, were aware of the account.171 Nonetheless, Wayne Tracker emails were not initially provided to the Attorney General’s office as part of the investigation. Even more striking is the fact that Michele Hirshman, outside counsel for ExxonMobil, testified that she had knowledge of the secret email account in early 2016.172 However, she chose not to disclose the existence of the account as she believed it would “be an interesting test of whether the Attorney General’s office is reading the documents[.]”173 The foregoing examples provide compelling evidence that ExxonMobil operated systematically, across years, and with the complicity of multiple top-level executives, to engage in schemes to, at best, withhold critical information, and, at worst, defraud investors and the public at large. This evidence of deliberate efforts to conceal critical corporate information raises further questions about what further investigations of Exxon will uncover—and what future investigations EXHIBIT 3 Excerpt from NY Attorney General’s Memo, 2017 19 into other major carbon producers may reveal. The Petroleum Industry Was Researching Technologies that Could Have Been Used to Mitigate or Avoid Climate Change Major oil companies have been on notice for decades of the potential risks their core products pose to the atmosphere, the climate, and the planet. This raises a corollary question: What, if any, opportunities were available to the oil industry to avoid or reduce these risks? The most important opportunity for doing so would have been to immediately reduce, or at least limit, the production of oil, gas, and other fossil fuels until emissions could be controlled. In fact, the opposite occurred. More than half of all global greenhouse gas emissions have been emitted since 1988, well after oil and gas producers were on clear notice of climate risks. Another opportunity for action would have been to immediately and effectively warn the public regarding the potential climate risks associated with the production and use of fossil fuels. As the foregoing evidence demonstrates, however, the industry repeatedly failed to warn consumers, investors, and the broader public about those risks; and, indeed, engaged in ongoing and systematic efforts to convince the public that climate science was uncertain, climate risks were nonexistent or exaggerated, or that vital measures to reduce carbon emissions and promote cleaner energies were unwarranted or not feasible. Finally, oil and gas companies could have moved quickly to design, develop, and deploy new technologies to dramatically curtail greenhouse gas emissions or to replace greenhouse gas emitting fossil fuels with cleaner energy alternatives. Here, again, the available evidence suggests that oil and gas companies had the resources and opportunity to act, yet repeatedly failed to do so.