DS9 Document EFTA00804852

From: MU= To: ralVerl R bees suseittliacia: bas: (Seta; Malley) rewash; eletthewailkissue Subject: URGENT Date: Fdday, October 23, 2009 2:24:25 PM Scott: Hero's where we are. The Structured Settlement statute (FS 628.99296) refers to 'torts." Based on the language of the statute and its history a 'tort" would be a 'personal injury claim under Florida common law. Currently, we have two claims in Epstein which don't squarely fit that definition: Civil RICO and 18 USC 2255. Civil Rico predicates we've alleged include violations of laws which are not based on "personal Injury." Hence, as to those claims, thoy wouldn't fell under the definition of torts as stated in FS 626.99296. Brad was in contact with a Utah law professor (who knows the case) who opines that 18 USC 2255 is a federal statute, thus is doesn't fall within the ambit of FS 626.99296 because of the Supremacy Clause. I think this makes sense, and would take our 18 USC 2255 claim out of the FS 626.99296. That's the collective wisdom. Mark S. Fistos Partner Rothstein Rosenfeidt Adler I Attorneys at Law 200 W. College Avenue, Suite 226 TalianngsAA Fl 3'1101 A 19cesc consider the envimnmeol before pi Wins Ibis e-mail. IRS Circular 230 Disclosure: Please note that the views expressed herein or In any attachments hereto are not intended to constitute a 'reliance opinion' under applicable Treasury Regulations. and accordingly are not intended or written to be used, and may not be used or relied upon, for the purpose of (I) avoiding tax-related penalties that may be imposed by the Internal Revenue Service. or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. NOTICE: THE INFORMATION CONTAINED IN THIS TRANSMISSION IS ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY VS IMMEDIATELY BY TELEPHONE COLLECT AND DELETE THE MATERIAL FROM ANY COMPUTER. THANK YOU. 27494 EFTA00804852 o pACTEc; Original Message From: Christopher Podaras < To: Ritchie, Thane; Sent: Thu Oct 22 4:47: Subject: RE: Help From: Ritchie, Thane 0 Sent: Thursday, October-22, 2009 12:45-PM To: Subject: Re: He p Aj call mike - guys with money are trying to manage all the logistics but need wire instructions and need to go through a process that takes a few steps Original Message From: Scott Rothstein To: Cc: R tc e, T ane Sent: Thu Oct 22 12:09:33 2009 Subject: Help The shit just hit the fan. Client just threatened to fire me. Thinks I am lying about her funding. And I can't blame her. But I can not be made to look like this. Need to know what is really going on. Please. This is not fair to me or to my firm. I can end up losing all these clients that I have in this matter it will literally destroy me and my reputation. This is the reality. Love ya Scott ; Christopher Podaras; >; < 1 --:C9a illard EXHIBIT FOR 'I/ - /1.12.- EFTA00804853 From: ftiquIlre I. ulwaith To: EUSSSEGIECt; scallifabstria: pled: haiss Subject: RE: URGENT Oats: Friday, October 23, 20091:26:13 PM Attactsmenb: RI61912201412 He made those promises to many girls (modeling with Victoria Secret was one of his favorite lines); however, he did not entice our clients that way. It was strictly payment for services, and it's hard to allege a breach where both parties performed. Bradley J. Edwards Partner Rothstein Rosenfeld( Adlerl Attorneys at Law Las Olas City Centre 401 East Las Olas Boulevard, Suite 1650 From: Russell Adler Sent: Friday, October 23, 2009 1:09 PM To: Scott Rothstein; Bradley J. Edwards; Mark Fistos Subject: Re: URGENT I Just spoke to Brad about corning up with a contract claim (based on promises Epstein made to help their modelling careers etc) and he is calling some dents to verify that any such representation was made to any of them- he will get back with you very shortly on this. Thanks, ME (still In suspense) From: Scott Rothstein To: Mark Fistos; Steven R. Jaffe; Russell Adler; 'Gary Farmer' ; Bradley J. Edwards Sent: Fri Oct 23 12:54:31 2009 Subject: URGENT Just give me any cause of action that we can work into the factual scheme of this case that is not a tort. That is all I need. Please This is urgent. Love ya me 26762 EFTA00804854