From: Richard Kahn
To: Jeffrey Epstein
Subject: AYH
Date: Fri, 26 Apr 2013 17:19:57 —0000
Jeffrey,
I have been reviewing the AYH investment as
you asked. I have spoken on numerous
occasions to both Tom and Frank. Tom has been
very open and attempts to be helpful. Frank, less
so , and he keeps asking why do you want to
know? Unfortunately I am still missing
documents to give you firm and clear answers.
Frank, tells me they don't have the answers as the
auditors prepared the audited financial statements.
This seems odd to say the least as AYH had to
give the auditors work-papers to prepare financials.
On January 23, 2007 a finders fee in the amount
of 253,125 was paid to Island Capital. (frank said
that was Andrew entity?) Did you have any other
agreement with him that I am unaware of? There
is another 247,000 on IGY Ltd and Subsidiaries
audited financial statements as a gain on sale of
your 50% interest? In 2007, 743,071 was paid as
interest expense to an affiliate. I believe that this
was a pass thru of interest expense with no
markup per a line of credit IGY Ltd had with Banco
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Popular. My understanding is that this was line of
credit costs for the period January 18, 2007 thru
May 31 2007 when you were not a partner. Yet the
May 31, 2007 income statement shows that only
412,125 was paid thru May 31, 2007. Not sure
why you were responsible for 330,945 (743,071
less 412,125) of interest expense from January -
May 2007 when you did not receive any of the
income during that same period. Unfortunately I
have no further info on it.
To summarize, though all our records indicate
that you and Andrew agreed on a 50 / 50 deal, it is
possible that he never told that to his people. If it
were a true 50 / 50 deal then IGY would not have
taken out all their equity of approximately
5,000,000 and you only 250,000. There also would
have been no finders fee, gain on sale of your
interest and questionable leasing commissions on
tenants whose credit worthiness was only
approved by the same people making the lease
We have never been in this position and I know
that Andrew is your trustee. In answer to your
question what is there to be done going forward I
would suggest that they return your equity and lets
call it a day. The more I inquire about the fact
patterns surrounding your investment the more
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unhappy it makes me. Alternatively, maybe
negotiating with Banco Popular to write down its
loan by approximately 5-8 million may allow IGY to
recover and recapitalize.
Richard Kahn
HBRK Associates Inc.
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