EFTA00724535.pdf

DARREN K INDYKE DARREN K INDYKE, PLLC 301 East 66th Street, 10B New York, New York 10065 Telephone: Telecopier: email: July 29, 2010 WITHOUT PREJUDICE - FOR SETTLEMENT PURPOSES ONLY VIA EMAIL David A. Berger, Esq. Allegaert Berger and Vogel LLP 111 Broadway, 20th Floor New York, NY 10006 Re: Robert Couturier Inc. adv. Jeffrey Epstein Dear Mr. Berger: In response to your letter dated July 28, 2010, I must direct you to the express provisions of RCI's proposal relating to Mr. Epstein's $50,000 retainer, which plainly state: "RETAINER - We charge a one-time fee of $50,000, which $25,000 will be progressively credited against the future fees. The other $25,000 will cover the cost of developing the interior package; i.e. the considerable time and effort which is necessary to create the total design/decoration concepts. This includes, the preliminary working drawings, furniture & custom furniture selection, furniture plans, custom built-ins, antiques, fabrics, carpeting, window treatments, etc." The plain language and obvious meaning of these provisions can not be clearer. $25,000 was to cover the cost of developing the interior package and the other $25,000 was to be credited to future fees. The interior package was not delivered. No future fees were earned. It was Mr. Couturier's decision, through no fault of Mr. Epstein, to unilaterally terminate before RCI was able to perform its obligations under its agreement or earn any fees. Under the circumstances, there is simply no legal basis for withholding repayment of Mr. Epstein's $50,000. Mr. Epstein's claims are valid and completely justified, your empty threat of sanctions EFTA00724535 David A. Berger, Esq. July 29, 2010 Page 2 notwithstanding. Before this matter unnecessarily escalates further, therefore, we suggest that your clients reconsider their position and return Mr. Epstein's $50,000 deposit, less the $6,324.59 of travel related expenses, which Mr. Epstein has offered to pay in order to resolve this matter. Sincerely, /s/ Darren K Indyke Darren K Indyke EFTA00724536