EFTA00891001.pdf

From: Richard Kahn To: "Jeffrey E." <[email protected]> Subject: Fwd: Noam Chomsky Date: Thu, 08 Feb 2018 18:16:43 +0000 Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York NY 10022 to fax cel Begin forwarded message: From: "Kelly, William" < Subject: Re: Noam Chomsky Date: February 8, 2018 at 12:49:57 PM EST To: Richard Kahn < Cc: Sam Bain Thanks. The folks at Bainco are working on that now. On Feb 8, 2018, at 12:38 PM, Richard Kahn <1 > wrote: i am fine if you can show me the 27k benefit as that is all i ask you will agree if not then making whole is making whole. thx Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York NY 10022 tel fax cell EFTA00891001 On Feb 8, 2018, at 12:27 PM, Kelly, William < > wrote: Rich: I will of course confer with my client but I have to characterize this as a step backwards. Your request is inconsistent with the settlement we discussed. Bill On Feb 8, 2018, at 9:10 AM, Richard Kahn < wrote: as i am not asking for legal or accounting fees that were incurred soley to review all the documents that isabel sent, I suggest you draft a settlement that has the full amount of restitution and i will agree. otherwise I fear we will be at this for awhile... to be clear for full 267,500 (allocated so there are of course no gains to noam) and we will agree. please draft doe for my review thank you Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York NY 10022 tel fa cell On Feb 8, 2018, at 8:55 AM, Kelly, William < wrote: Thanks. I will check with Isabel as to any realized gains in his publicly traded securities. On Feb 8, 2018, at 8:36 AM, Richard Kahn < wrote: I will need to check on the tax benefit as i am not asking for interest on top of the investment... I will need to find out if he had other gains that offset the loss unless your client is aware of some themselves. Thank you Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York, NY 10022 tel fa ce l EFTA00891002 On Feb 7, 2018, at 5:01 PM, Kelly, William < > wrote: For Settlement Purposes Only Dear Rich: Bainco has authorized me to confirm that it will meet your demand with respect to Noam's investments in private equity partnerships at Bainco. Our understanding is that Noam invested a total of $267,500 (through his revocable trust and his IRA) and received a tax benefit of approximately $27,000 due to realized capital losses, resulting in a net investment of $240,500. Bainco will pay that amount to Noam and Noam will relinquish his entire interest in the private equity partnerships (a portion of the settlement amount may be paid through a third party's purchase of Noam's interest in the RFID partnerships at his original purchase price). The settlement agreement will include mutual releases and standard non-disclosure and non- disparagement provisions. Please confirm at your earliest convenience and I will prepare the settlement agreement for your review. Regards, Bill a,littp://www.nixon William E. Kelly Senior Counsel mages/np_firm_sig/i mages/NP_Mono_bri T 617-345-1195 I C 617-543-4513 I F 866-743-4899 ghtfilue_ROB_cropB Nixon Peabod LLP I too Summer Street I Boston, MA 02110-2131 .....esna ad; o;nrilanle ; PNixonPeabodyLLP Please consider the environment before printing this email. This email message and any attachments are confidential and may be protected by the attorney/client or other applicable privileges. The information is intended to be conveyed only to the designated recipient(s) of the message. If you are not an intended recipient, please notify the sender immediately and delete the message from your email system. Unauthorized use. dissemination, distribution or reproduction of this messare by other than the intended recipient is strictly prohibited and may be unlawful. Thank you. EFTA00891003