EMAIL DETAILS

Hunter-

See the letter below contained in the body of this email. We will need to update the language to reflect when we sign and the status of your settlement proposal.

We welcome your input.

Sarah

Begin forwarded message:

From: "Mesires, George R." <George.Mesires@FaegreBD.com<mailto:George.Mesires@FaegreBD.com>>
Date: March 19, 2017 at 10:01:05 PM EDT
To: "Sarah E. Mancinelli" <smancinelli@ainbanklaw.com<mailto:smancinelli@ainbanklaw.com>>
Subject: RHB


Good letter Sarah. I made some proposed revisions but I was not able to do so in track changes format because I am on my phone only. The revised letter is set forth below. I can send a redlined version in the morning. I am available any time to talk, and in the office all day tomorrow. George


***


March 19, 2017


Rebekah J. H. Sullivan, Esquire

Kuder Smollar Friedman & Mihalik, P.C.

1350 Connecticut Avenue, NW

Suite 600

Washington, D.C. 20036


Re:​Biden Family Matter


Dear Rebekah:

​I have worked with Hunter to revise the Agreement to reflect those terms which remain agreeable to him. Enclosed is a copy of the revised Agreement -- signed by Hunter -- for Kathleen's signature.


​The events of the last several days require attention and discussion. Notwithstanding the parties' agreement to resolve this matter privately, Hunter has learned that Kathleen intends, upon advice of Hunter's former close friend, and now a de factor advisor to Kathleen, Chris D'Amato, to release purportedly compromising photos of Hunter to the media. The rationale for that decision is unclear but the reasons that have been offered have included coercing Hunter to accept Kathleen’s settlement proposal, and embarrassing and sullying Hunter's business reputation. Regardless of the purported rationales, the threat to release compromising photos is entirely unacceptable, and likely actionable under the District of Columbia's blackmail statute. See D.C. Criminal Code 22-3251; 22-3252. We trust this conduct will immediately cease, and we seek your assurances that your client will refrain from such an ill-advised strategy.


Kathleen's conduct is tantamount to bad faith negotiations and belies her stated desire to settle this matter in a private, dignified, and family-focused manner. Further, I can only assume that Kathleen understands and appreciates that the release of compromising photographs would be as economically harmful to her and girls as it would be to Hunter. Given that her support is forever tied to Hunter’s ability to earn an income, Kathleen should be as committed to Hunter’s success as he is.


​In addition to the continued threats to release photographs to the media, Hunter has learned that Kathleen’s settlement posture is premised on her expectation that Hunter’s father will backstop any financial arrangement eventually reached between the parties. Indeed, Kathleen's expectation has even been communicated to Hunter's father.


Kathleen's misplaced expectations have seemingly clouded her ability to recognize the reality of the couple's tenuous financial position, and Hunter's actual financial abilities. Again, we view this as contrary to good faith bargaining. It puts Hunter in an untenable position, both with respect to his ability to negotiate an arms-length agreement, and the expectations that are placed on him to achieve a settlement. Simply put, there is no "blank-check." Any settlement must be economically feasible.


Hunter has no obligation to, and no intention of, relying on anyone except himself to implement a settlement decree. While there is no doubt he will have to borrow money to meet the immediate debt service he is required to undertake per the terms of the attached Agreement, that money will have to be repaid. If Kathleen is assuming that Hunter's father will perform Hunter's obligations, she is woefully misinformed and that mindset will hamper our ability to bring this case to closure.


​Finally, as you are aware, Roxanne Roberts is writing a feature story in the Washington Post about Hunter and Kathleen. Hunter has not spoken to Roxanne and has no intention to. We assume Kathleen will likewise not participate in the story. Renewed press attention is only going to further alienate the parties and create an impediment to settlement. Please confirm by Noon today that Kathleen will not speak to Roxanne, or any other press outlet about this matter, unless such communication is a joint-written statement agreed to by the parties.


​We trust the enclosed Agreement will bring matters to a close. I look forward to receiving those copies signed by Kathleen by the close of business on ______.


Sincerely,


Sarah E. Mancinelli


cc:


Mr. Robert Hunter Biden

Margaret J. McKinney, Esquire


{94899.001-00116611.1}​

George R. Mesires
Partner
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