James P.

Donovan
CFS
585.752.5950

-----------------------------------------

From: "Heidi Feinberg"

To: "Gary Freedman"
Cc: "Althea Merryman"
Sent: Monday February 19 2024 7:25:45PM
Subject: Re: Smith Divorce - Additional Info/Update

Gary - Following our discussion last week, I'm following up on Bob's email below that implies a
proposal or response to my 2/2/24 letter was forwarded to me recently. I haven't received the
proposal Bob is referring to below. Please re-forward that to me at your earliest convenience.

We discussed last week, and as I stated in my letter, my client has discovered evidence in the
parties' paper files and computer files left in the MR that led her to believe that Mr. Smith has
misappropriated hundreds of thousands of dollars from the marital estate over the last several
years. She believes he has used Bitcoin, PayPal, Amazon, Venmo, and other applications to do
so, and he has real property, business, and investment account holdings secreted away.

Mr. Smith has adamantly denied these claims and denied owning or purchasing Bitcoin, using
PayPal or Amazon, Venmo, and the like throughout this litigation. Attached are receipts of his
Bitcoin transactions that, again, appear to refute his denials. Additionally, attached are
screenshots of data recovered from the parties' hard drives and computer files, which also
indicate that Mr. Smith has used Amazon Pay and/or similar electronic apps to transfer funds,
engage in transactions, or invest funds to acquire assets in which my client may have an
equitable interest.

I am asking once again that Mr. Smith explain each attachment, as well as provide a full
accounting of his electronic currency holdings and transactions. I have requested this a number
of times in the last year or more, including the date and source of funds to acquire shares,
accounts, stocks, etc., all withdrawals, deposits, and transactions he's conducted from DOC to
date in Bitcoin, PayPal, Venmo, or any other peer-to-peer payment platform or electronic
currency.

Further, in going through the financial statements and disclosures Mr. Smith provided in
September 2023 with his SNW, he attached only investment and retirement account statements
that are titled jointly or held in Robbin's name alone. He has yet to provide source documents
for his charts and spreadsheets of the parties' assets (which were all prepared post-separation
and commencement), any account statements from the DOC to the present, and a current
monthly statement for the investment/retirement accounts that are titled in his name alone.
While he reports having individual checking and savings accounts in SNW as of September
2022, he's never provided any bank statements or any accounting of his individual assets since
the date of separation (in 2022) to date. He's also never provided any income information, such
as a W-2 or any representative pay stubs from 2023.

It is very difficult to recommend and encourage my client to resolve the case and equitably
distribute the assets on a 50/50 basis when Mr. Smith has not provided the minimal required
financial disclosure and has otherwise failed to provide an explanation for material that appears
to contradict his claims of never having or using Bitcoin, PayPal, Venmo, etc., accounts and
applications. That has led my client to be understandably suspicious and distrustful of Mr.
Smith's financial stewardship of the marital estate.

Additionally, she is responsible for recreating the parties' finances and transactions for the last
two years for the preparation and filing of income tax returns - a role that Mr. Smith exclusively
handled for over 20 years.

So, as you and Mr. Smith prepare a proposed PSA and discuss the equitable division of sale
proceeds and payment of joint liabilities, I need the foregoing information and documentation
provided before my client will be willing to even consider or sign a settlement agreement.

In the alternative, instead of providing the foregoing, my client would be willing to immediately
sign a PSA that distributes approx. 75% of the net marital estate to her. In other words, 75% of
the net sale proceeds of the MR, 31 Main, and the accounts/retirement/cash on hand that are
not encumbered. She is still willing to trade 2 & 4 Milton for the investment account used as
collateral for Justine's loans and use the remaining escrow funds held by Rabideau's office for
the preparation and payment of 2022 income taxes and penalties.

If I cannot get either the updated documents, accounting, and information or a larger distribution
of the marital assets, then I'll have to file a motion to vacate the 60-day Order and be relieved as
counsel for Ms. Smith.

Heidi Feinberg, Esq.

Attorney at Law

heidi@dukelawfirm.net
Phone: 585-346-3220

www.dukelawfirm.net

robbin%20smith1193cf34f72489400bb0ff15e4

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From: Gary Freedman <garyfreedman92@gmail.com>

Sent: Thursday, February 8, 2024 4:27 PM
To: Heidi Feinberg <Heidi@dukelawfirm.com>
Subject: Fwd: Smith Divorce 31 Main Street Property Sale
CAUTION: This email originated from outside of the organization. Do not click
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is safe.

Heidi can we talk tomorrow about this?

---------- Forwarded message ---------

From: Bob Smith <smithro1962@gmail.com>
Date: Thu, Feb 8, 2024, 4:25 PM
Subject: Smith Divorce 31 Main Street Property Sale
To: Gary Freedman <garyfreedman92@gmail.com>

Hi Gary,
In order for our property at 31 Main Street Livonia to close, the
buyer requires a Final Walkthrough per contract.
The electric is currently turned off due to non-payment with a
balance due of $396.47 and must be paid in full.
This balance is part of the mutual debts owed.
Can you possibly gain approval to have this balance paid via the
remaining $40,000 we have in escrow as we just proposed?
Please advise
Bob
Sent from my iPhone