Case File
efta-efta00724535DOJ Data Set 9OtherDARREN K INDYKE
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DOJ Data Set 9
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efta-efta00724535
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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
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