EFTA00665453.pdf

From: Valeria Chomsky To: "jeffrey E." <I Cc: Noam Chomsky Subject: Fwd: Date: Tue, 07 Nov 2017 20:44:20 +0000 Inline-Images: image001.gif This seems to be a strategy that has been going on for years: postponing things until they are put aside, taking into account the intensity of Noam's life with professional commitments, travels and so on. The idea of waiting to start a claim ref. Bainco (as Deborah has been suggesting from the beginning, when Gene first mentioned the possibility) can be severely harmful to Noam because according to Gene "such claims will be barred by the applicable statute of limitations if not filed in court in a timely fashion". The time is this next month of December, due to be the anniversary when I alerted Noam that those investments were totally wrong for him and Noam declined an additional capital contribution for these private investments from his IRA, as it was requested by Bainco again. December is, therefore, the statute of limitation (according to Gene) since it is the anniversary when Noam became aware that the investment was not right for him. Valeria Forwarded message From: Deborah Pechet Quinan Date: Tue, Nov 7, 2017 at 8:59 AM Subject: RE: To: Richard Kahn Cc: "Noam Chomsk Dear Richard, , "Valeria Chomsky Lawrence Krauss will not qualify as an independent trustee to replace Max unless he qualifies under the terms of the trust. The trust provides as follows in paragraph 8.2(a) on page 5: "An independent trustee is an individual or institution who has no beneficial interest in the trust, who is a professional trustee, investment advisor or manager, investment banker, accountant or lawyer, and who is not related or subordinate to my husband or any of my children as defined in section 672(c) of the Internal Revenue Code." Please give some consideration to naming a successor who qualifies as a professional trustee. A bank or trust company with trust powers, rather than an individual, may be ideal in this situation especially as there is a risk of a lawsuit by the remainder beneficiaries against the independent trustee after Noam's passing. Again, an interview process for a change such as this one is important and should not be rushed. EFTA00665453 With regard to the Bainco claim, I am not qualified to negotiate a settlement in this matter. I will discuss this with Gene to determine whether we still have a conflict, and if not, to whom we might refer this matter internally. If we still have a conflict we will identify outside counsel for Noam. Best, Deborah Deborah Pechet Quinan, Esq. =. Shareholder Chair, Trusts & Estates Group 255 State Street 7th Floor I Boston MA 02109 Direct: Cell: Assistant - Jayne Mahoney: Office: I Fax: e-mail: BID riwemaillogosm.gif From: Richard Kahn [mailto: Sent: Tuesday, November 07, 2017 7:04 AM To: Deborah Pechet Quinan Subject: deborah, noam has decided to replace max with Lawrenence Krauss, a friend and highly respected scientist, as Trustee. as we discussed if harry agrees, this should put the current issue to rest. he would like gene landy to recommend a person re a lawsuit against bain, but I thought the first step and noam agreed would be a call to bain from you in the hopes of a settlement. If he has to file a lawsuit he understands he will need a different firm as Gene said he thought your firm had a conflict. thanks for your help. I certainly want none of these steps to impede the delivery of the account statements. thx Richard Kahn EFTA00665454 HBRK Associates Inc. 575 Lexington Avenue, 4th Floor New York, NY 10022 tel fax cell On Nov 6, 2017, at 4:24 PM, Deborah Pechet Quinan <E > wrote: Dear Noam, Richard has requested that I speak with Max regarding some issues that Max raised to him today and that we have discussed. Are you in agreement? Thanks, Deborah Deborah Pechet Quloan, Esq. MI. Shareholder Chair, Trusts & Estates Group 255 State Street 7th Floor I Boston MA 02109 Direct: Cell: Assistant - Jayne Mahoney: Office: Fax: e-mail: 81O <image001.gif> NOTICE: This email with its attachments, if any, is intended solely for permitted use by authorized recipients. If you are not an authorized recipient of this email, your retention, transmission, disclosure, or use of this email is prohibited. If you received this EFTA00665455 email in error, please notify the sender and delete this email and its attachments from your devices and systems. NOTICE: This email with its attachments, if any, is intended solely for permitted use by authorized recipients. If you are not an authorized recipient of this email, your retention, transmission, disclosure, or use of this email is prohibited. If you received this email in error, please notify the sender and delete this email and its attachments from your devices and systems. EFTA00665456