EFTA02648551.pdf

From: Richard Kahn < Sent: Saturday, July 7, 2018 11A6 AM To: Jeffrey Epstein Subject: Fwd: Marital Trusts Richard Kahn HBRK Associates Inc. 5=5 Lexington Avenue, 4th Floor New Y=rk, NY 10022 Begin forwarded mess=ge: From: Max Kohlenberg=< <mailto > 81=t; Date: July 7, 2018 at 7:43:24 AM EDT To: 'Noam Choms=y' < <mailto »Cc: 'Richard Kahn' <mailto >> Subject: Marital Trusts <=r> Noam —</=pan> Thank you for your reply.&n=sp; As you indicate that you are not being represented by counsel I will re=ly directly to you, with a copy to Rich (as you suggest). Please consider: 1. = As a starting p=int, let me note that I think you and Rich may have misunderstood (at least=initially) the terms of the settlement that Harry proposed through his attorney. Rich and I discussed this in a call about 10 da=s ago and I'm hoping that misunderstanding has been cleared up, but=as I'm not a party to your exchanges (and Rich's exchanges)=with Harry's attorney I can't be sure. I'm al=o not certain whether the terms of the proposed settlement have changed. All I can s=y for sure is that characterizing the offer as one in which distributions t= you cannot exceed $100K per year is not consistent with my understanding o= what has been offered. 2. = As you know, Ha=ry's attorney has commenced a legal action that is intended to faci=itate my resignation and the appointment of a successor trustee to take my place. Since you've wanted me removed for some tim= and since I've said (from the first time you and I met) that I onl= wanted to serve as trustee if all the family members wanted EFTA_R1_01887556 EFTA02648551 me to serve, I=E2nm looking forward to resigning as soon as the court determines how I am to do so and how my successor is to be selected.</=:p> 3. = Given that my r=placement is impending, it might be worth waiting until my successor is in p=ace before responding to my requests for financial disclosure, as it's possible that my successor won't share my views as t= what the trustee of the trusts needs to know before making decisions about=distributions. Likewise, if my successor will be identified soon it m=ght make sense for me to hold off on any distributions and leave it to the new trustee to work with you on figuring all of this ou=. In this regard I'm kind of a "lame duck" tr=stee, wouldn't you say? 4. = To the extent t=at you want to push forward while I remain the trustee, let me again state t=e basis for financial disclosure by you. It is that, as trustee, I owe a duty to you and I owe a duty to your children (as the r=mainder beneficiaries of the trusts). For the present my primary duty=is to you and it is to distribute to you all income earned by the trusts, n=t of expenses, and to distribute to you (or pay on your behalf) additional monies as reasonably needed to=the extent that your income from other sources is not sufficient to support=your reasonable expenses. Notwithstanding your statement that "As for the claim about concern for my later years, th=t has been thoroughly refuted" it has not been refuted in the context of my trusteeship and it remains my d=ty to consider distributions in light of the possibility that you will have=a reasonable need for distributions from the trust for many more years, and=perhaps in increasing amounts, depending on your circumstances in the future. 5. = As for the spec=fics of disclosure, what I need to consider is (a) what your income was in 2=17, since that was the basis for the tax payments you seek to have reimbursed, (b) what your income is likely to be this year and=going forward, (c) what your expenses were in 2017 and are likely to be in 2=18, and (d) whether any of your income (or other resources) are being used f=r purposes that the trust cannot support (such as gifts to third parties). So far, Rich has pro=ided me with some rough information about your 2017 expenses. There a=e some gaps in that information, but nothing that can't be cleared u= pretty easily (I think). Rich has also assured me that you have not made any gifts that have diminished your resources and=l assume you would confirm that to me. What I don't have at this point is enough information about your inc=me, so that I can consider what the gap is between your expenses and your i=come, which is the gap the trusts might help to close up. With respec= to your income in 2017, all I can see is that your income tax obligations seem to be much higher than they were prev=ously. I'm assuming that reflects a jump in income from (i) t=e profit made on the sale of the condominium, and (ii) large withdrawals fr=m your IRA. If you want to provide me with more information (bearing in mind what I noted in item #3, above) then info=mation about your 2017 income and what your income is likely to be this yea= is what I most need. I hope this is helpful and w=ll wait to hear more from you and/or Rich. Max A. Max Kohlenberg 2 EFTA_R1_01887557 EFTA02648552  Howland Evangelista Kohlenb=rg Burnett, LLP One Financial Plaza —=Suite 1600 Providence, Rhode Island 02=03 Direct: <=:p> Main: Fax: <mailto www.hekblaw.com chttp://www.hekbl=w.com/> This email and any attachme=ts thereto are intended only for use by the addressee(s) named herein and m=y contain legally privileged and/or confidential information. If you are not the intended recipient of this email, you are hereby notifie= that any dissemination, distribution or copying of this email, and any att=chments thereto, is strictly prohibited. If you have received this em=il in error, please immediately notify me by return email and permanently delete the original and any copy of this=message or attachment. Thank you. From: Noam Chomsk= (mailto Sent: Friday, July 06, 2018 8:53 PM To: Max Kohlenberg Subject: Re: Marital Trust I am not represented o= this issue, so you can send the information to me directly, copying Richer= Kahn. Noam On Fri, Jul 6, 2018 at 4:24 AM, Max Kohlenberg < <mailto > wrote: 3 EFTA_R1_01887558 EFTA02648553  Noam — Thanks for your message and your inquiry.&=bsp; I would like to reply in some detail, but before I do so please tell me whether you are now represented by legal counsel. 1= you are then I believe I'm obliged to copy your counsel on our exc=anges. I would also plan on copying Rich Kahn, since my last communic=tions about distributions to you from the trusts have been with him. Please also bear in mind that since (accor=ing to Rich) you are preparing to bring a legal action against me, I have been in contact with my firm's malpractice insur=nce carrier. As my exchanges with you may also need to be reviewed wi=h our carrier that may delay (and/or limit) my responses.=/p> Max A. Max Kohlenberg Howland Evangelista Kohlenberg Burnett,11= One Financial Plaza —Suite 1600</=pan> Providence, Rhode Island 02903=/o:p> Direct: Main: /p> Fax: <=p> <mailto www.hekblaw.com <http://www.hekblaw.com/> This email and any attachments thereto are=intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. 1= you are not the intended recipient of this email, you are hereby notified t=at any dissemination, distribution or copying of this email, and any attach=ents thereto, is strictly prohibited. If you have received this email in error, please immediately notify me by r=turn email and permanently delete the original and any copy of this message=or attachment. Thank you. 4 EFTA_R1_01887559 EFTA02648554  From: Noam Chomsky [mailto Sent: Thursday, July 05, 2018 7:53 PM To: Max Kohlenberg Subject: Marital Trust Max, I presume it is clear that the recen= proposal transmitted by Harry's lawyer that I should be satisfied w=th a handout of 100k a year from the Marital Trust is too disgraceful for comment. I would like to know what further infor=ation you require for reimbursement for tax payment. We have previously tra=smitted a great deal of financial information in order for you to reimburse=our taxes, including proof of payment and more. Exactly what more do you require, and with what justif=cation? We see little reason that you cannot act on the information a=ready provided. As for the claim about concern for my later yea=s, that has been thoroughly refuted. Noam 5 EFTA_R1_01887560 EFTA02648555