Subject: RE: Follow up Lotito v Biden settlement
From: "Michael Merley" <[email-masked]>
To: "Eric Schwerin" <[email-masked]>
Cc: "Nicholas Gravante" <[email-masked]>, "Hunter Biden" <[email-masked]>
Date: Thu, 22 Dec 2011 12:17:58 -0500

Eric,

The agreement does not require a letter to be sent with the check.

If you wish to take a belt-and-suspenders approach, and send a cover note that reminds Lotito that he will not be receiving any more checks, there is no prohibition on doing so.  You could write something like:  "Pursuant to Section 1.1(iv) of the December 23, 2008 Settlement Agreement and your request to receive payments directly (and not through your prior law firm), please find enclosed the final check in the amount of $5,442.00 in complete satisfaction of the terms of the Settlement Agreement."

Regards,
Mike

________________________________
From: Eric Schwerin [mailto:[email-masked]]
Sent: Thursday, December 22, 2011 12:01 PM
To: Michael Merley
Cc: Nicholas Gravante; Hunter Biden
Subject: Re: Follow up Lotito v Biden settlement

Mike-

Hope you are well and getting ready for the holidays.

I recall you and I talked a few months back regarding the last check Hunter and Jim owe to Lotito.  We are going to send it next week.  I can't remember if you said that there was anything else we should do other than send the check (e.g. does there need to be a letter saying that this is the last check?).   Doesn't look like it by reading the agreement, but I wasn't sure.  Let me know.

Best,

Eric

Eric D. Schwerin
Rosemont Seneca Partners, LLC
1010 Wisconsin Ave., NW
Suite 705
Washington, DC 20007
(202) 333-1880
[email-masked]<x-msg://59/[email-masked]>
P Consider the environment before printing this email.

On Mar 18, 2011, at 12:25 PM, Michael Merley wrote:

Eric,
You and Hunter have done all that the Settlement Agreement requires by sending him the check.  If you would like, I can try to call him to follow up on Hunter's letter.
Best,
Mike

Michael M. Merley
BOIES, SCHILLER & FLEXNER LLP
575 Lexington Avenue, 7th Floor
New York, New York 10022
Main:  (212) 446-2300
Direct: (212) 446-2338
Fax:     (212) 446-2350
Email:  [email-masked]<mailto:[email-masked]>
________________________________
From: Eric Schwerin [mailto:[email-masked]]
Sent: Thursday, March 17, 2011 2:20 PM
To: Michael Merley
Cc: Nicholas Gravante; Hunter Biden
Subject: Re: Follow up Lotito v Biden settlement

Michael/Nick-

We are not sure if this is anything or not, but Tony Lotito hasn't cashed his settlement check for March.

We Fedexed it to him on Feb. 28th and it was delivered on March 1st (per the FedEx tracking system).   Hunter subsequently sent him a letter a week ago (FedExed to the same address) to make sure he received the check and to let us know if he hasn't.   The letter has not been delivered because a signature was required and they attempted to deliver it three times and no one was home to sign for it.

As of today, the check has not been cashed and we haven't heard from Lotito.  Not sure if there is anything to do - but we of course don't want Hunter and Jim to be accused of being in breach of the agreement.

Let us know your thoughts.

Best,

Eric

Eric D. Schwerin
Rosemont Seneca Partners, LLC
1010 Wisconsin Ave., NW
Suite 705
Washington, DC 20007
(202) 333-1880
[email-masked]<x-msg://59/[email-masked]>
P Consider the environment before printing this email.

On Jul 29, 2010, at 10:02 AM, Michael Merley wrote:

FYI - Lotito is requesting that he receive settlement payments in wire transfers going forward; however, as you can see below, all he can do is request such payments.  We can keep sending regular checks if we so choose.

Michael M. Merley
BOIES, SCHILLER & FLEXNER LLP
575 Lexington Avenue, 7th Floor
New York, New York 10022
Main:  (212) 446-2300
Direct: (212) 446-2338
Fax:     (212) 446-2350
Email:  [email-masked]<mailto:[email-masked]>
________________________________
From: Anthony Lotito [mailto:[email-masked]]
Sent: Thursday, July 29, 2010 9:18 AM
To: Michael Merley
Subject: Re: Follow up Lotito v Biden settlement

Dear Mr. Merley: After carefully reading the section 1.1 iv of the settlement agreement, I agree with your email regarding regular check payments. Therefore, consider it a request and I would prefer a wire transfer. However,  of course your client may use any method they choose.

Thank you

Tony Lotito

________________________________
From: Michael Merley <[email-masked]<mailto:[email-masked]>>
To: Anthony Lotito <[email-masked]<mailto:[email-masked]>>
Cc: Nicholas Gravante <[email-masked]<mailto:[email-masked]>>
Sent: Wed, July 28, 2010 11:14:33 AM
Subject: Re: Follow up Lotito v Biden settlement
Mr. Lotito:

I write to clarify one point in your email to Nicholas Gravante, below.  As you know, Article 1.2 of the Settlement Agreement allows our clients to make monthly payments by, among other things, regular check.  For this reason, we construe your July 27, 2010 email to be your request that our clients send payments directly to you, at the address you have provided, below.  I also note that this appears to be the same information you sent to Mr. Gravante and Mr. Wille in your July 19, 2010 letter, which I have attached.  Based on your July 19 letter and July 27 email, and Mr. Wille's July 19 email (also attached), we understand that neither Brian Wille nor Kostelanetz & Fink represent you at this time, and that they have no right or claim to any remaining payments to be made pursuant to the Settlement Agreement; thus, any payments, notices, or other communications to be sent pursuant to Articles 1.2 or 8.6 of the Settlement Agreement will, going forward, be sent directly to you.

Sincerely yours,
Mike

Michael M. Merley
BOIES, SCHILLER & FLEXNER LLP
575 Lexington Avenue, 7th Floor
New York, New York 10022
Main:  (212) 446-2300
Direct: (212) 446-2338
Fax:     (212) 446-2350
Email:  [email-masked]<mailto:[email-masked]>

----- Original Message -----

From: Anthony Lotito <[email-masked]<mailto:[email-masked]>>

To: Nicholas Gravante

Sent: Tue Jul 27 22:13:06 2010

Subject: Follow up Lotito v Biden settlement

Mr. Gravante:  Thank you for taking the time to take my call today and

discussing the issue at hand regarding Lotito v Biden settlement matters.

As we discussed today, and according to the terms of the settlement agreement,

Payments are due on the 1st of each month. Assuming the Bidens made their July

payment the next payment is due August 1st, 2010 and then each month thereafter

on the first of each month through January 1, 2012.

Below is the address for the delivery of a hard check required in certified

funds or in the alternative by wire to the bank account designated below.

I trust this will suffice based on today's conversation.

Sincerely,

Anthony Lotito

732-977-2416

Anthony Lotito

     198 Cherry Tree Lane

 Middletown, NJ 07748

Or if by wire transfer:

Capital One Bank

HYLAN BLVD, STATEN ISLAND NY

ANTHONY LOTITO

Aba # 021407912 Acct# 7166009634

________________________________
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