Huth 04, 2022 95:36 PH¶
51-2 02 1-RV-0 0 005¶
TAMARA CHARLES CLERK OF THE COURT¶
IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS¶
DIVISION OF ST. AND ST. JOHN¶
*********************************¶
IN THE NIA ‘1 1ER of THE LSI OF JEFFREY E. EPSTEIN,¶
Deceased.¶
CASE NO.: ST-2021-RV-00005¶
Originating Case No.: ST-2019-00080¶
AFFIDAVI CROBLIN¶
A. Kroblin, Esq., declare and affirm as follows:¶
I. I am an attorney admitted to practice in New York and the Virgin Islands.¶
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I am a 1997 graduate of & Clark College and a 2002 graduate of Golden Gate University School of Law. I have practiced law in the Virgin Islands since 2005. Since 2010, I have been a partner at Kellerhals Kroblin PLLC (“Kellerhals”), counsel in this probate proceeding for the Co-Executors of the Estate of Jeffrey E. Epstein (the “Epstein Estate”), Darren K. Indyke and Richard D. Kahn (the “Co-Executors”).
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I attach as Exhibit A copies of the professional profiles of myself, Shari N. D’Andrade, Marjorie Whalen and Andrew Heymann, as posted on the websites of Kellerhals or Blum Heyman LLP a”). Each relevant attorney has reviewed his or her profile and confirmed that the statements therein are true and accurate.
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I attach as Exhibit B a chart showing the contemporaneous time entries of the Kellerhals and professionals relating to the GVI Motions and GVI Appeal, as those terms are defined in the Motion for Award of Costs and Attorneys’ Fees and Incorporated Memorandum of Law in Support Thereof, filed herewith. The services charged were actually and necessarily performed in connection with the GVI Motions and GVI Appeal.
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The hourly rates set forth in Exhibit B are the customary rates charged by each attorney listed therein. Clients customarily pay these rates, and the Epstein Estate pays these rates for these firms’ representation of the Co-Executors.
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The hourly rates set forth in Exhibit B are customary and reasonable for similarly experienced attorneys practicing law with firms comparable to Kellerhals and in the U.S. Virgin Islands.
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I affirm and declare under penalty of perjury of the laws of the United States of America that the foregoing is true and correct.
Date: March 3, 2022¶
_SLIM 1mkL, A. Kroblin¶
EXHIBIT A¶
A. Kroblin¶
Member¶
Phone: (340) 779-2564¶
Fax: (888) 316-9269¶
Email: ckroblin@kellfer.com¶
vCard¶
Kroblin is the lead litigator at Kellerhals Kroblin. His focus on civil and commercial litigation includes complex contract disputes, product defect and other tort disputes, arbitration, employment law, commercial banking litigation, and creditors side bankruptcy representation. Chris also handles tax litigation cases as well as association, partnership, and corporate litigation matters. In addition to his general trial level practice, Chris handles a broad array of appellate issues.¶
Chris has practiced in the Virgin Islands since 2005. He joined current partners Erika Kellerhals and Greg in 2010 as an of counsel attorney before the three formed Kellerhals Kroblin. His practice is informed by his prior role as a judicial law clerk for Virgin Islands Supreme Court Justice Maria M. Cabret, in her former position as Presiding Judge of the Superior Court of the Virgin Islands. Chris also interned for the Federal Trade Commission, the Superior Court of the District of Columbia, and the Supreme Court of California.¶
Chris’s academic work includes graduate legal studies at the Washington School of Law. His publications include a Note entitled “Expanding the Jurisdictional Reach for Intentional Torts: Implications for Cyber Contacts,” 31 Golden Gate U.L. Rev. 51 (2001). In law school Chris was Editor-in-Chief of his school’s¶
Primary Areas of Practice¶
- Commercial & Crvil Littgalion
Education¶
- Golden Gate University School of Law, in San Francisco California, J.D.
- and Clark College. in Portland Oregon, B.A.
Bar Admissions¶
- New York
- U.S. Virgin Islands
- United States District Court of the Virgin Islands
- Third Circuit Court of Appeals
Services¶
corpoateTransscans Tax Planning & Controversy. EDC Program EDC Compliance Services Real Estate Commercial & Civil Litigation Banking & Banking Regulations Probate & Estate Planning¶
Shari N. D’Andrade¶
Associate vCard¶
Shari N. D’Andrade is a civil litigator admitted to practice in the U.S. Virgin Islands and New York. She rejoined the firm in 2019 after serving several years as an Assistant Attorney General with the Virgin Islands Department of Justice and General Counsel for the Government of U.S. Virgin Islands, Bureau of Corrections. There, Shari handled a broad range of legal matters, including prison litigation, defamation, class action suits, elections disputes, and Title VII-employment discrimination cases. Shari argues before the local and federal courts of the Virgin Islands, including the Virgin Islands Supreme Court. Her practice areas are commercial and civil litigation, civil rights, employment law, personal injury, and medical malpractice. She also has experience in compliance and regulatory matters and corporate governance. Before practicing law, Shari served as a judicial law clerk for Virgin Islands Superior Court Judge James S. Carroll, III. Shari graduated with honors from the American University Washington College of Law. During her course work, served as a law clerk for the United States Department of Justice, Civil Division, Federal Tort Claims Act Section, was a judicial intern for the Honorable Reggie B. Walton, United States District Court Judge for the District of Columbia, and represented clients in the General Practice Clinic. Shari also studied abroad in the People’s Republic of China. Shari earned her undergraduate degree with honors from Howard University.¶
Services¶
Corporate Transactions Tax Planning & Controversy EDC Program EDC Compliance Services Real Estate Commercial & Civil Litigation Banking & Banking Regulations Probate & Estate Planning¶
Marjorie Whalen¶
Associate¶
Email: mwhalen@kellfer.com¶
vCard¶
Marjorie Whalen is a litigation associate with Kellerhals Kroblin PLLC. Before joining Kellerhals Kroblin PLLC in October 2015, she served as Law Clerk to the Honorable Kathleen Y. Mackay of the Virgin Islands Superior Court for two years. As a student at Roger University School of Law, Marjorie was a Notes & Comments Editor on the Roger University Law Review and represented indigent clients as a student attorney in the Law School’s Criminal Defense Clinic. For one year during law school, she interned for the Honorable O. Rogeriee Thompson in the U.S. Court of Appeals for the First Circuit.¶
Primary Areas of Practice¶
- Commercial & Civil Litigation
Education¶
- Roger University School of Law, J.D.
- Clark University, M.P.A.
- Clark University, B.A.
Bar Admissions¶
- U.S. Virgin Islands
- Massachusetts
- Rhode Island
Services¶
Corporate Transactions¶
Tax Planning & Controversy¶
EDC Program¶
EDC Compliance Services¶
Real Estate¶
Commercial & Civil Litigation¶
Banking & Banking Regulations¶
Andrew Heymann¶
PARTNER • INTERNATIONAL TRUST, ESTATE, BUSINESS LAWYER¶
Andrew W. Heymann provides sophisticated international trust, estate and business planning, combined with estate administration and litigation, allowing him to provide comprehensive services to both U.S. and non-U.S. nationals. He has counseled numerous cross-border transactions, from the purchase of U.S. and non-U.S. businesses by multinational investors to investments in U.S. real property, art and other assets by entrepreneurs, international families and their closely held businesses. He has decades of experience in wealth preservation planning, including the establishment of domestic and foreign asset protection trusts, charitable foundations, family offices and the creation of intergenerational gifting strategies, and has administered complex multinational estates. Mr. Heymann also has more than thirty years’ experience litigating trust, estate and complicated multi-jurisdiction commercial disputes (for example, obtaining notable judgments defending fiduciaries and beneficiaries in proceedings involving foreign forced heirship, undue influence, breach of fiduciary duty, and fraudulent conveyance claims; foreign tribunal arbitrations resulting in the successful dissolution and distribution of international trusts; international reinsurance litigation resulting in multi-million dollar settlements; and, U.S. tax reporting, advice and financial disclosure cases). He is admitted to practice before the federal, state and territorial courts in the jurisdictions of New York, New Jersey, and the U.S. Virgin Islands and before several Federal Circuit Courts of Appeal and the U.S. Tax Court.¶
Mr. Heymann serves as general counsel to a number of international charitable institutions and sits on the boards of several private foundations. He attended university in the United States, England and China, and speaks Mandarin Chinese. He is a longstanding member of the international law, and trusts and estates sections of the New York State Bar Association.¶
li Download vCard¶
EXHIBIT B¶
Kellerhals Kroblin PLLC - Client Summary¶
Clients: ‘lEE - Estate of Jeffrey E. Epstein - Probate I Projects: I Users: All I Account Managers: All¶
| Date | Project | Description | Rate/ Unit Price | Labor Time/ Quantity | Billable Time/ Cost Price | Bill Amt/ Sell Price | | ------------------------------------------------------- | -------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------ | --------------------- | ------------------------- | ------------------------------ | ------------------------- | | *** JEE - Estate of Jeffrey E. Epstein - Probate** | | | | | | | | Andrew Heymann | | | | | | | | 01/31/2020 | Representation of Estate | Further drafting supp. brief, and opp. to intervention brief and conferences same. | $630.00 hr | 6.40 | 6.40 | $4,032.00 | | 02/02/2020 | Representation of Estate | Correspondence re corrected briefs re intervention and supplemental in support of program and related correspondence. | $630.00 hr | 2.10 | 2.10 | $1,323.00 | | 02/08/2021 | Representation of Estate | Review motion papers, research same and correspondence reply to emergency motion freeze assets | $660.00 hr | 4.30 | 4.30 | $2,838.00 | | 02/09/2021 | Representation of Estate | Strategize on opposition to AG motion to freeze assets and standard and research same and related advice to clients. | $660.00 hr | 5.90 | 5.90 | $3,894.00 | | Total Labor For Andrew Heymann | | | 18.70 | | 18.70 | $12,087.00 | | Total Expense For Andrew Heymann | | | | | $0.00 | $0.00 | | Total For Andrew Heymann | | | | | | $12,087.00 | | Kroblin | | | | | | | | 01/23/2020 | Representation of Estate | Review Motion for Intervention and Opposition to Claims Program, research re the same, and strategize response. | $500.00 hr | 2.80 | 2.80 | $1,400.00 | | 01/29/2020 | Representation of Estate | Review / edit Opposition to Motion for Intervention. | $500.00 hr | 1.60 | 1.60 | $800.00 | | 01/30/2020 | Representation of Estate | Preparation for hearing including proposed agenda, proposed witnesses, and hearing binders, and review of quarterly accounting and edit of the same. | $500.00 hr | 2.90 | 2.90 | $1,450.00 | | 01/31/2020 | Representation of Estate | Incorporation of final edits to Opposition to Motion to Intervene, Supplemental Brief, and Reply to Opposition to Motion for claims Program. | $500.00 hr | 4.80 | 4.80 | $2,400.00 | | 02/03/2020 | Representation of Estate | Preparation for hearing. | $500.00 hr | 4.50 | 4.50 | $2,250.00 | | 02/04/2020 | Representation of Estate | Appearance at hearing for Estate. | $500.00 hr | 4.50 | 4.50 | $2,250.00 | | 02/04/2021 | Representation of Estate | Review Motion to Freeze assets filled by AG and consider response to the same. | $500.00 hr | 0.30 | 0.30 | $150.00 | | 02/08/2021 | Representation of Estate | Edits to opposition to A.G. Motion for Emergency Relief (including related research). | $500.00 hr | 7.40 | 7.40 | $3,700.00 | | 02/09/2021 | Representation of Estate | Review revised Opposition to Motion to Freeze Assets and final version for filing the same. | $500.00 hr | 0.70 | 0.70 | $350.00 | | 02/18/2021 | Representation of Estate | Preparation for in camera hearing. | $500.00 hr | 1.60 | 1.60 | $800.00 | | 02/19/2021 | Representation of Estate | Appearance at in camera hearing re EVC fund and GVI Motion | $500.00 hr | 1.60 | 1.60 | $800.00 |¶
| 03/18/2021 | Representation of Estate | Review Notice of Appeal and assist with responding to the same. | $500.00 hr | 0.50 | 0.50 | $250.00 |
|---|---|---|---|---|---|---|
| 03/23/2021 | Representation of Estate | Review draft response to notice of appeal and comments regarding the same as well as review of filing deadline issue. | $500.00 hr | 0.50 | 0.50 | $250.00 |
| 03/29/2021 | Representation of Estate | Review finalized response to notice of appeal for filing. | $500.00 hr | 0.20 | 0.20 | $100.00 |
| 02/07/2022 | Representation of Estate | Review of Order disposing of Government’s appeal of orders of intervention and to freeze assets. | $500.00 hr | 0.30 | 0.30 | $150.00 |
| Total Labor For [REDACTED] Kroblin | 34.20 | 34.20 | $17,100.00 | |||
| Total Expense For [REDACTED] Kroblin | 0.00 | 0.00 | $0.00 | |||
| Total For [REDACTED] Kroblin | 0.00 | 0.00 | $17,100.00 |
Marjorie Whalen¶
| 01/24/2020 | Representation of Estate | Researched intervention in probate matters and relevant Virgin Islands rules and statues. | $360.00 hr | 2.20 | 2.20 | $792.00 |
|---|---|---|---|---|---|---|
| 01/26/2020 | Representation of Estate | Researched law relating to opposition to Government’s Motion to Intervene, including whether Estate may be named as party and whether Government may intervene in probate proceeding. | $360.00 hr | 4.30 | 4.30 | $1,548.00 |
| 01/27/2020 | Representation of Estate | Continued drafting memorandum on Government’s Motion to Intervene. | $360.00 hr | 0.90 | 0.90 | $324.00 |
| 01/27/2020 | Representation of Estate | Researched case law for opposition to Government’s Motion to Intervene. | $360.00 hr | 1.10 | 1.10 | $396.00 |
| 01/28/2020 | Representation of Estate | Drafted Opposition to Motion to Intervene. | $360.00 hr | 5.00 | 5.00 | $1,800.00 |
| 01/28/2020 | Representation of Estate | Began to prepare exhibits for February 4 hearing. | $360.00 hr | 0.20 | 0.20 | $72.00 |
| 01/29/2020 | Representation of Estate | Reviewed Opposition to Government’s Motion to Intervene. | $360.00 hr | 0.50 | 0.50 | $180.00 |
| 01/29/2020 | Representation of Estate | Reviewed and revised Opposition to Motion to Intervene. | $360.00 hr | 0.90 | 0.90 | $324.00 |
| 01/30/2020 | Representation of Estate | Edits to Opposition to Government’s Motion to Intervene. | $360.00 hr | 0.50 | 0.50 | $180.00 |
| 02/01/2020 | Representation of Estate | Prepared binders for February 4 hearing. | $360.00 hr | 5.00 | 5.00 | $1,800.00 |
| 02/08/2021 | Representation of Estate | Reviewed citation in AG’s emergency motion to title 15, “section 302(b)” and reviewed title 15 of the Virgin Islands Code. | $360.00 hr | 0.60 | 0.60 | $216.00 |
| Total Labor For Marjorie Whalen | 21.20 | 21.20 | $7,632.00 | |||
| Total Expense For Marjorie Whalen | $0.00 | $0.00 | ||||
| Total For Marjorie Whalen | $7,632.00 |
Shari [‘Andrade¶
| 01/31/2020 | Representation of Estate | Further Revised Opposition to Motion to Intervene | $400.00 hr | 1.20 | 1.20 | $480.00 |
|---|---|---|---|---|---|---|
| 02/01/2020 | Representation of Estate | Corrected Opposition to GVI’s Motion to Intervene; revised proposed agenda for February 3, 2020; reviewed pending motions | $400.00 hr | 2.20 | 2.20 | $880.00 |
| 02/04/2021 | Representation of Estate | Calendared deadline for response to GVI’s emergency motion; tried to gain access to court website for docket; called clerk’s office to determine when GVI emergency motion was filed; communication w/team re strategy. | $400.00 hr | 1.80 | 1.80 | $720.00 |
|---|---|---|---|---|---|---|
| 02/08/2021 | Representation of Estate | Researched re other probate cases and requests for injunctive relief; Reviewed Feb. 4 hearing transcript re AG’s standing in probate for inclusion in opposition | $400.00 hr | 3.10 | 3.10 | $1,240.00 |
| 02/10/2021 | Representation of Estate | Calendared in camera conference w/judge re GVI’s Emergency Motion to Freeze Estate’s Assets | $400.00 hr | 0.20 | 0.20 | $80.00 |
| 02/12/2021 | Representation of Estate | Reviewed government’s notice of complaint filing related to emergency motion to immediately freeze all estate assets and cash on hand. | $400.00 hr | 0.20 | 0.20 | $80.00 |
| 03/12/2021 | Representation of Estate | Reviewed docket and Order denying GVI’s motion to intervene | $400.00 hr | 0.20 | 0.20 | $80.00 |
| 03/23/2021 | Representation of Estate | Researched computation of time for response to appeal; reviewed court docket; reviewed and commented on draft response to notice of appeal. | $400.00 hr | 1.20 | 1.20 | $480.00 |
| 04/07/2021 | Representation of Estate | Reviewed and circulated to clients clerk’s notice re docketed appeal; email communication to clerk of court re impact of notice and already filed Estate’s response to notice of appeal; communication w/clients and legal team re judicial assignment | $400.00 hr | 0.60 | 0.60 | $240.00 |
| Total Labor For Shari D’Andrade | 10.70 | 10.70 | $4,280.00 | |||
| Total Expense For Shari D’Andrade | $0.00 | $0.00 | $0.00 | |||
| Total For Shari D’Andrade | $4,280.00 |
Shaun Betz 2¶
| 01/31/2020 | Representation of Estate | Proofread/edit Supplemental Brief, | 5135.00 hr | |||
|---|---|---|---|---|---|---|
| 02/03/2020 | Representation of Estate | Proofread/edit/prepare Opposition to | 5135.00 hr | |||
| 02/04/2020 | Representation of Estate | Assist with copies for hearing | $135.00 hr | |||
| 02/28/2020 | Representation of Estate | Receipt and review original GVI’s | 5135.00 hr | |||
| 02/09/2021 | Representation of Estate | Receipt, review, placed in file GVI’s | 5135.00 hr | |||
| Opposition to Motion to Intervene and Reply to Opposition to Claims Program; prepare same and First Quarter Account for filing with the Probate Court; hand deliver same; prepare mailing of all to Government; hand deliver to Post Office. | 2.50 | 2.50 | $337.50 | |||
| Claimants’ Motion to Intervene and corrected Opposition to GVI’s Motion to Intervene for filing with the Probate Court; hand deliver to Probate Court; hand deliver same to Probate Court; prepare mailings to counsel; receipt and review date stamped same. | 2.00 | 2.00 | $270.00 | |||
| 0.50 | 0.50 | $67.50 | ||||
| Opposition to Emergency Motion for Order Releasing Funds; file in Client file folder. | 0.20 | 0.20 | 527.00 | |||
| Emergency Motion to Immediately Freeze Assets. | 0.20 | 0.20 | $27.00 |
| 02/10/2021 | Representation of Estate | Proofread/edit/prepare/e-file | $135.00 hr | 1.10 | 1.10 | $148.50 |
|---|---|---|---|---|---|---|
| 02/17/2021 | Representation of Estate | Receipt, review, and place in file date | $135.00 hr | 0.30 | 0.30 | $40.50 |
| 03/18/2021 | Representation of Estate | Receipt, review, and place in file AG’s | 5135.00 hr | 0.30 | 0.30 | $40.50 |
| 03/29/2021 | Representation of Estate | Proofread/ediVprepare/e•flle | $135.00 hr | 1.00 | 1.00 | $135.00 |
| 03/31/2021 | Representation of Estate | Receipt, review, and place in file date | 5135.00 hr | 0.40 | 0.40 | 554.00 |
| Total Labor For Shauna Betz 2 | 8.50 | 8.50 | $1,147.50 | |||
| Total Expense For Shauna Betz 2 | $0.00 | $0.00 | ||||
| Total For Shauna Betz 2 | $1,147.50 | |||||
| Total Labor For •JEE - Estate of Jeffrey E. Epstein • Probate | $42,246.50 | |||||
| Grand Total Labor | 93.30 | 93.30 | $42,246.50 |