EFTA02635027

From: Darren Indyke Sent: Friday, March 15, 2019 4:34 PM To: Jeffrey Epstein Cc: Darren Indyke Subject: Re: Privileged and Confidential To =larify regarding Decision Item 3. Do I exclude the Christmas =onus check stub and and last payment check stub which references the =oan repayment? DARREN K. INDYKE s••: The information =ontained in this communication is confidential, may =e attorney-client privileged, and is intended =nly for the use of the addressee. It is the property of Darren K. Indyke. Unauthorized use, disclosure or =opying of this communication or any part =hereof is strictly prohibited and may be unlawful. If you =ave received this communication in error, =lease notify us immediately by return e-mail, and destroy =his communication and all copies =hereof, including all attachments. Copyright =f Darren K. Indyke - © 2019 Darren K. Indyke — All =ights reserved. On Mar 15, 2019, at 12:25 PM, J <[email protected]> wrote: all ok On Fri, Mar =5, 2019 at 12:04 PM Darren Indyke wrote: 1. Regarding the questionnaire to be =eturned to VI Department of Labor with respect to Kyle Steward. I =now you approved the form, but I didn't like the large number =f contractors stated on the document. Recall the document stated =hat there are 17 contractors and 21 employees in the same "class =80 as Kyle. I questioned Daphne further about it and learned =hat she included all workers paid as contractors and not just =andscaper contractors. So, I revised it to change the number of =ontractors in Kyle's class from 17 to 4 and the number of =mployees from 21 to 6, which relates to the class of landscape =ontractors and landscape employees rather than all contractors and =mployees. 2. Also, Chris Kroblin and I =idn't like the reference to non-payment of taxes that Daphne =nd Jeanne originally provided in the questionnaire as one of the =easons to treat Kyle as a contractor. We changed the explanation =s to why Kyle is a contractor to read as follows: EFTA_R1_01860456 EFTA02635027 "Mr. Steward was =ontracted to provide services as a temporary landscaper for the Island =fter the Hurricanes. His role was to perform needed landscape =rojects until the Island was restored back to normal. Accordingly =e was not brought on as a permanent employee. Rather he was =ontracted solely for the post-hurricane restoration =rojects" 3. The questionnaire also includes =he following instructions: "Attach copies =/span>of =/span>any =ritten agreements, billing statements, applications, or contracts =etween the firm and the worker. If the agreement was oral, please =educe it to writing and attach. If any State or Federal Agency has ruled on the same job class as this worker or another =/span>of =/span>the =ame job class, attach a copy of the ruling. =These documents will not be returned.)" a Daphne proposed to include: all =heck stubs for checks issued to Kyle which generally indicate number of =ays worked and the daily rate. Excluding the =eparate check stub relating to the Christmas Bonus (discussed in 3b =elow), there are 44 check stubs relating to payments to Kyle Steward =ating back to October 2017. I think the =heck stubs would be requested anyway and would provide them. =hris Kroblin agrees and thinks we should provide the check =tubs. b With regard to check stubs, there =re two additional separate issues: There is a check =tub which is separate and states that it is a "Christmas =onus" as per JE. I suppose that providing Kyle a =hristmas Bonus could make it seem like Kyle is being treated as an =mployee. Not sure if you want to include the stub or delete it. =nbsp; c. Second check stub issue. It =s my understanding that Kyle's pay was $240 less than it =ormally is during one period. Apparently, Stephanie loaned him =240 to cover the shortfall out of petty cash. He had not paid the =oan back, so, when he was let go, there was a deduction from his pay in =he amount of that loan (silly). The check stub makes a reference =o the deduction for the loan repayment. Does the loan of =240 make it seem more like he is being treated as an employee? =nbsp; d. Daphne also included invoices =ssued with respect to each payment made to Kyle, but the invoices reflect billing at an hourly rate, rather than the daily rate reflected =n the check stubs, and the invoices were prepared by the office rather =han Kyle. I think that the fact that we prepared the invoices =ould come out during the process =e.g., if asked about invoices, Kyle would likely say he =ever prepared or gave us any invoices). Also, that the invoices =how payment at an hourly rate, which is different than the daily rate =n the check stubs, creates confusion and might cause =dditional scrutiny. I think that our preparing the invoices =ould reflect negatively and would work against us, so I have excluded =he invoices. e. Daphne also included the =ndemnity agreement that we make all contractors, vendors and suppliers =ign and which states that the person signing the agreement is a =ontractor, vendor or supplier. Under this agreement the person =ho signs it indemnifies Nautilus, Inc., Great St. Jim, LLC, LSJE, LLC =nd you for any personal injury claims arising out of the engagement as = contractor. It includes an assumption of the risk with respect =o dangerous conditions and activities on the properties, a release and = waiver of claims. I think it could cut both ways because it =ooks like we make people waive certain rights to work for us. On =he other hand, as Chris Kroblin indicated, the people who do this are =ot rocket scientists and are simply looking at the universe of =actors they have been told makes someone a contractor or =mployee. The document clearly states the mutual understanding =hat Kyle is a contractor, is responsible for his own evaluation of the =onditions on the property and for his own conduct, requires him to =aintain his own insurance and provides additional support for treatment =f Kyle as a contractor. Also, because we want to 2 EFTA_R1_01860457 EFTA02635028 provide some =ocuments in response to the specific request on the questionnaire, on =alance, Chris Kroblin would include the indemnity. I =gree and would include it as well. f. Daphne also included a =ermination letter, which would ordinarily be ok, but also includes a =tatement that $240 was deducted from final pay to repay a loan =tephanie gave Kyle. I think the kind of loan we are talking about =ere might make it appear that Kyle was treated like an employee, even =hough paid as a contractor, And it is highlighted in the letter, =o even if we include the "loan repayment" check =tub, I don't think we need to highlight it in the termination =etter, so I am excluding the termination letter as well. Chris =roblin agrees. Decisions for you: 1. Are you ok with my changes to the =uestionnaire as reflected in points 1 and 2 above? 2. Are you ok with just providing =he check stubs and the indemnity agreement, and nothing else, in =esponse to the direction on the questionnaire? 3. With regard to check stubs, do =ou have any direction on whether or not to exclude the "Christmas =onus" check stub and the "loan repayment" check =tub? Please advise. Thanks. DARREN K. INDYKE ••••••••••• The information =ontained in this communication is confidential, may =e attorney-client privileged, and is intended =nly for the use of the addressee. It is the property of Darren K. Indyke. Unauthorized use, disclosure or =opying of this communication or any part =hereof is strictly prohibited and may be unlawful. If you =ave received this communication in error, =lease notify us immediately by return e-mail, and destroy =his 3 EFTA_R1_01860458 EFTA02635029 communication and all copies =hereof, including all attachments. Copyright =f Darren K. Indyke - © 2019 Darren K. Indyke — All =ights reserved. please note The information contained in this =ommunication is confidential, may be attorney-client =rivileged, may constitute inside information, and is =ntended only for the use of the addressee. It is the =roperty of JEE Unauthorized use, disclosure =r copying of this communication or any part thereof is =trictly prohibited and may be unlawful. If you have =eceived this communication in error, please notify us =mmediately by return e-mail or by e-mail to [email protected], and destroy this =ommunication and all copies thereof, including all =ttachments. copyright -all rights reserved 4 EFTA_R1_01860459 EFTA02635030