EFTA02471393.pdf

From: Richard Kahn <richardkahn12@gmail.com> Sent: Sunday, April 15, 2018 2:26 PM To: Jeffrey Epstein Subject: Fwd: Working to resolution Richard Kahn HBRK Associates Inc. 5=5 Lexington Avenue, 4th Floor New Y=rk, NY 10022 Phone 212-971-1306 Begin forwarded mess=ge: From: Max Kohlenberg= Date: April 15, 2018 at To: 'Richard K=hn' <richardkahn12@gmail.com<=a» Subject: RE: Working to resolution Rich —</=pan> The account reports that we=delivered to Deborah Pechet Quinan last October (and that were copied by he= to you, Noam and Valeria, I believe) showed that all trust accounting income (and more) was paid to Noam in each year from 2010 t=rough 2016. I have not compiled a report for 2017 yet, but I will get=to work on that this week. I have a call scheduled for=this afternoon with Noam's daughters. I hope to make some pro=ress in that call and have some useful information for you tomorrow.</=:p> Max A. Max Kohlenberg EFTA_R1_01582961 EFTA02471393 Howland Evangelista Kohlenb=rg Burnett, LLP One Financial Plaza —=Suite 1600 Providence, Rhode Island 02=03 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: Richard Kah= Sent: Friday, April 11.111 1111 To: Max Kohlenberg Subject: Re: Working to resolution can you please document for me that all income receiv=d by the trust was paid out to noam in the previous 4 years... thank you Richard Kahn HBRK Associates Inc. 2 EFTA_R1_01582962 EFTA02471394 575 Lexington Avenue 4th Floor New York, NY 10022 On Apr 13, 2018, at 8:09 AM, Richard Kahn it is not=my eagerness for resolution that is the driver , it is my true desire not t= have this blow up and see little justification for the delay .=you and i agreed ,we could choose from clear alternatives that met and alleviated the purported concerns of harry and the girls= I have taken you at your word.. Richard Kahn HBRK Associates Inc. 575 Lexington Avenue, 4th Floor New York, NY 10022 On Apr 13, 2018, at 7:54 AM, Max Kohlenberg > wrote: Good morning Rich — I've had several further exchanges with Harry and have reached out to Avi an= Diane in hopes that I can set up a call with them on Sunday (or early next=week at the latest). I appreciate your eagerness (and Noam's) to get this r=solved. I can assure you that your eagerness cannot be any greater than mine. As soon as I speak wi=h Avi and Diane I will get back to you. Thanks, Max A. Max Kohlenberg 3 EFTA_R1_01582963 EFTA02471395 Howland Evangelista Kohlenberg Burnett, LLP One Financial Plaza — Suite 1600 Providence, Rhode Island 02903 This email and any attachments thereto are intended only for use by the addr=ssee(s) named herein and may contain legally privileged and/or confidential=information. If you are not the intended recipient of this email, you=are hereby notified that any dissemination, distribution or copying of this email, and any attachments thereto, is stri=tly prohibited. If you have received this email in error, please imme=iately notify me by return email and permanently delete the original and an= copy of this message or attachment. Thank you. Original Message From: Richard Kahn [mailto:richar Sent: Thursday, April 12, 2018 3:57 PM To: Max Kohlenberg Subject: Re: Working to resolution tomorrow? I am sincerely trying to be understanding of the time delay.. Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York, NY 10022 On Apr 11, 2018, at 10:51 AM, Richard Kahn ,: ivrote:<=:p> 4 EFTA_R1_01582964 EFTA02471396 As im sure you realize. I took you at your word=that the concern was for Noam not depleting the trust in his lifetime. &nbs=; and NOT a money grab by the children. As you and l=can now craft a bullet proof solution to the former . i am very concerned that my fears are coming to fruition in the latter. </=> Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York, NY 10022 On Apr 11, 2018, at 9:23 AM, Richard Kahn c wrote: should we have an all hands conference..</=> Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York, NY 10022 5 EFTA_R1_01582965 EFTA02471397 On Apr 11, 2018, at 9:09 AM, Max Kohlenberg < wrote:=o:p> I'd love to Rich, but Harry is in the process of disc=ssing the options with others and as of last night (when I exchanged emails=with him) there was still discussion going on. I'll keep pushing thin=s forward today. Thanks, Max A. Max Kohlenberg Howland Evangelista Kohlenberg Burnett, LLP One Finan=ial Plaza — Suite 1600 Providence, Rhode Island 02903<=p> www.hekblaw.com</=> <http://www.hekblaw.com/> 6 EFTA_R1_01582966 EFTA02471398 This email and any attachments thereto are intended o=ly for use by the addressee(s) named herein and may contain legally privile=ed and/or confidential information. If you are not the intended recip=ent of this email, you are hereby notified that any dissemination, distribution or copying of this email, and any atta=hments thereto, is strictly prohibited. If you have received this ema=l in error, please immediately notify me by return email and permanently de=ete the original and any copy of this message or attachment. Thank you. Original Message From: Richard Kahn [rnailtc Sent: Wednesday, April 11, 2018 8:49 AM To: Max Kohlenberg Subject: Re: Working to resolution can we resolve this today? Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York, NY 10022 7 EFTA_R1_01582967 EFTA02471399 On Apr 6, 2018, at 1:54 PM, Max Kohlenberg < wrote:<=:p> Thanks Rich. Original Message From: Richard Kahn Sent: Friday, April 06, 2018 12:40 PM To: Max Kohlenberg Subject: Re: Working to resolution max, if preferred noam can pay the 500k back to the trust,= take the full 3 million distribuiton and gift the children 500k= same day. for exmple. Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York, NY 10022 8 EFTA_R1_01582968 EFTA02471400 On Apr 6, 2018, at 9:05 AM, Max Kohlenberg wrote:<=:p> Rich - I'm afraid I don't agree that negotiating the amount t=e children will receive needs to be gotten out of the way first. I th=nk the first step is to figure out which of the three alternatives that we'=e discussed are actually viable. I am not concerned about Mass. law, but if a "carve off" for the children can=t be accomplished without triggering a retroactive estate tax (with interes= and penalties) then it may be that the unitrust (at some agreed rate) will=be the only alternative worth considering. I am looking into that (as I said) and I will also calcu=ate the tax cost if we do follow a course that results in loss of the marit=l deduction, in case that cost turns out to be little enough not to dissuad= us from an approach that triggers it. If my concerns turn out to be unfounded that will be great, of co=rse, but some review of this issue at your end (whether by Beth Tractenberg=or some other attorney trusted by Noam) would be helpful. As noted, given the children's concern that the money=doesn't run out during Noam's lifetime, I'd really like to see what the ann=ity figures might be for a life annuity (as opposed to a fixed term annuity=. That could be run assuming funding with $2M. The result would provide us with a baseline which w= could scale from depending on what amount might actually end up being allo=ated to the children. I am also following up with Noam's daughters, as note=. Max 9 EFTA_R1_01582969 EFTA02471401 A. Max Kohlenberg Howland Evangelista Kohlenberg Burnett, LLP One Finan=ial Plaza — Suite 1600 Providence, Rhode Island 02903<=p> www.hekblaw.com</=> <http://www.hekblaw.com/> This email and any attachments thereto are intended o=Iy for use by the addressee(s) named herein and may contain legally privile=ed and/or confidential information. If you are not the intended recip=ent of this email, you are hereby notified that any dissemination, distribution or copying of this email, and any atta=hments thereto, is strictly prohibited. If you have received this ema=l in error, please immediately notify me by return email and permanently de=ete the original and any copy of this message or attachment. Thank you. Original Message From: Richard Kahn [mailto Sent: Thursday, April 05, 2018 12:34 PM To: Max Kohlenberg Subject: 10 EFTA_R1_01582970 EFTA02471402 the first issue is the amount that the children will c=aim belongs to them. . lets get that out the way. &=bsp;I have taken you at your word as you said that was definitely not the h=ld up as they only wanted to make sure the assets were there for noams lifetime. the annuity can be custom structured f=r a guaranteed 5 year 8 or 10 year payout, for noam and his estate. &=bsp; the trust could buy the policy, no violation of mass law. l=expect noam to receive 2 million dollars of the 2.5 and the children can have the balance. we will need to deal with the 500k not=. Beth will join the litigation if need be, so no advice for th= moment. Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York, NY 10022 On Apr 5, 2018, at 10:28 AM, Max Kohlenberg wrote:=o:p> Rich - I will definitely be in touch with any questions (tod=y if I can). But a resolution today will not be possible. Ha=ry is considering the alternatives you've suggested, as am 1= I will 11 EFTA_R1_01582971 EFTA02471403 also want to review the alternatives with Noam's daug=ters. (As I have noted, although they are not trustees they rem=in essential parties to any settlement.) In addition to the substantive pros and cons of each a=proach, I will also need to consider the tax implications of the various al=ernatives that have been suggested (annuity, unitrust or division/distribut=on), since we don't want any resolution to constitute an impermissible disposition of a marital trust, a= that would trigger very substantial Massachusetts and federal estate taxes= interest and penalties, based on the retroactive disallowance of the marit=l deduction taken at the time of Carol Chomsky's death. With respect to this aspect, if Beth Tracte=berg is already familiar with this case, perhaps we could have the benefit o= her insight on these issues? I would be grateful for that. With respect to the annuity alternative, I'm not enti=ely sure I understand the materials provided by farad Minsky. In particular=it's not clear to me whether the annuity illustration shows a five year pay=ut, with no further payments even if Noam is still living in 2023, or whether it illustrates a minimum five par payout (even if Noam dies during that time period). Would you have any o=jection to my speaking with Jarad directly to clear up that question (and p=rhaps others)? Thanks, Max A. Max Kohlenberg Howland Evangelista Kohlenberg Burnett, LLP One Finan=ial Plaza — Suite 1600 Providence, Rhode Island 02903<=p> 12 EFTA_R1_01582972 EFTA02471404 www.hekblaw.com</=> <http://www.hekblaw.com/> This email and any attachments thereto are intended o=ly for use by the addressee(s) named herein and may contain legally privile=ed and/or confidential information. If you are not the intended recip=ent of this email, you are hereby notified that any dissemination, distribution or copying of this email, and any atta=hments thereto, is strictly prohibited. If you have received this ema=l in error, please immediately notify me by return email and permanently de=ete the original and any copy of this message or attachment. Thank you. Original Message From: Richard Kahn [mailto Sent: Thursday, April 05, 2018 9:26 AM To: Max Kohlenberg Subject: I'm hoping for a resolution today . If you ha=e any questions please lets set a time to speak. Thank you=/o:p> Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York, NY 10022 13 EFTA_R1_01582973 EFTA02471405 fax 212-320-0381 cell 917-414-7584 On Apr 4, 2018, at 9:09 AM, Max Kohlenberg wrote:<=:p> Thanks for this Rich. I will review it (and the=prior email with attachments). I will get back to you ASAP with any q=estions. A. Max Kohlenberg Howland Evangelista Kohlenberg Burnett, LLP One Finan=ial Plaza - Suite 1600 Providence, Rhode Island 02903 www.hekblaw.com</=> <http://www.hekblaw.com/> This email and any attachments thereto are intended o=Iy for use by the addressee(s) named herein and may contain legally privile=ed and/or confidential information. If you are not the intended recip=ent of this email, you are hereby notified that any dissemination, distribution or copying of this email, 14 EFTA_R1_01582974 EFTA02471406 and any atta=hments thereto, is strictly prohibited. If you have received this ema=l in error, please immediately notify me by return email and permanently de=ete the original and any copy of this message or attachment. Thank you. Original Message From: Richard Kahn Sent: Tuesday, April 03, 2018 5:15 PM To: Max Kohlenberg Subject: max: without noams approval: which i would undertake=to get - we can do a guaranteed 5 year payout for the 2 million leave the b=lance for harry and sisters. if noam passes the balance of the 5 year goes to his e=tate... easy Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York, NY 10022 15 EFTA_R1_01582975 EFTA02471407 16 EFTA_R1_0 1582976 EFTA02471408