EPTL 8-1.1 (f) accords the Attorney General the ability to sue a charitable corporation and its board of directors on behalf of the beneficiaries of any charitable dispositions. Trustees are Seth Teicher, Ito resigned from his posts at MIT, The New York Times Company, and the MacArthur Foundation on September 7, Business Insider reported. And, because the Lucker plaintiffs are "relatives acting as relatives," "they fall into the opposite category from Mrs. Protesters with signs linking the late Jeffrey Epstein to conspiracy theories at the sex Two of the Times' sources said the total may actually be closer to $75 million. as well as other partner offers and accept our, Joe Schildhorn/Patrick McMullan via Getty Images, Andrew Chin/Getty Images, Rick Friedman Photography/Corbis via Getty Images, Dimitrios Kambouris/Getty Images for Tony Awards Productions, Kevin Mazur/VF14/Contributor/Getty Images, suicide in a Manhattan jail on August 10, 2020, Visit Business Insider's homepage for more stories, wife of the US Virgin Islands' former governor, exiting his private jet in New Jersey's Teterboro Airport, after an earlier reported suicide attempt, a federal judge sentenced Maxwell to 20 years in prison, all guests at a dinner hosted by LinkedIn CEO Reid Hoffman, Business Insider's Becky PetersonandJohn Cook. Motion sequence 001 and 002 are consolidated for disposition. Although the investigation eventually uncovered dozens of young women and minors who had allegedly been sexually abused by Epstein, he was ultimately charged on just two counts: soliciting a minor for prostitution and procuring minors for prostitution. ), Plaintiff McGee alleges he was made a Member of ETP and thereafter a "Lifetime Member" in 2005. Next, the court must investigate whether plaintiffs have established by a reasonable probability that defendants were grossly negligent or caused the intended harms. September 8, 2019 at 4:24 p.m. EDT MIT accepted about $800,000 of Jeffrey Epsteins money over 20 years, the schools president acknowledged in an apology. . (Id. (Id. (Id. "I gave him the benefit of my association," Gates said. Location 10 Rockefeller Plz Ste 1015 New York City, NY 10020-1903 United States. 11-26-2021. Standing to enforce the terms of a charitable gift is normally limited to the Attorney General, but this general rule does not "designate the Attorney General as the exclusive representative of donors of charitable dispositions." Prosecutors alleged Maxwell worked with Epstein to "recruit, groom, and ultimately abuse" children. However, his association with powerful businessmen who did deals with a variety of governments, as well as his extensive travels overseas in the mid-1980s, all pointed to the possibility that his claim could be true. According to Newsweek, documents from an unspecified financial institution reported that Epstein's assets as of June 30, 2019, sat at just over $559 million. ), Under CPLR 3211(a)(3) motion to dismiss, the moving party has the burden to establish a prima facie case that plaintiff lacks standing. (Id.) Accused of sexually abusing many underage girls, Epstein was finally caught and charged for soliciting a minor for prostitution in Florida in 2008 and became a registered sex offender. Terrific guy," Trump said, according to New York Magazine. (EPTL 11-1.1 [13].) Cutting a "sweetheart deal" with Florida authorities, Epstein agreed to plead guilty to the felony prostitution charges. The Duke is the son of the UK's Queen Elizabeth. The orb looks similar to the trophy given to winners of the Disobedience Award. S. KARIN EPSTEIN, HAL EPSTEIN, and VINCENT MCGEE, Plaintiffs, v. EPSTEIN TEICHER PHILANTHROPIES, ALAN TEICHER, JANE HEFFNER, and ADRIENNE SIMPSON, Defendants. 53-54.) The future president claimed in 2002 that he had a long friendship with Epstein. As set forth below, the court denies defendants' motion to dismiss in its entirety. Maxwell was ultimately found in New Hampshire, where she was arrested on charges of sex trafficking and perjury in New Hampshire on July 2, 2020. "To hold that, [the special administratrix of the decedent's estate] has no standing to institute an action to enforce the terms of the Gift is to contravene the well-settled principle that a donor's expressed intent is entitled to protection." Karin and Hal allege that ETP was unjustly enriched when ETP accepted their father's bequest, but funded Ohio- based charities. Servs. Against Heffner individually, plaintiffs allege (i) breach of fiduciary duty to ETP under N-PCL 717 and 720 (seventh cause of action) and (ii) wrongful related party transactions under N-PCL 715 (eighth cause of action). Hoffman not only sits on the Disobedience Award's jury, but funds it personally, according to the Media Lab's website. N-PCL 601 states that if the corporation has members, "membership may be effected and evidenced by: (1) Signature on the certificate of incorporation. A New York Timesinvestigation published in October found that Gates met with Epstein multiple times after Epstein's conviction in 2011, including at least three meetings at Epstein's Manhattan townhouse. (Id. [Id. 0 @ &. In 2008, prior to Simpson joining the board, Milton, Seth, and Heffner "ousted" Mulcahy, Roth, and McGee from the Board. . The circumstances surrounding his death were arguably suspicious: the guards had reportedly fallen asleep while on duty and failed to check on Epstein at the appointed times and the cameras monitoring his jail cell were not working. He pleaded not guilty on July 8 and was being held without bail in New York City, where he was already on suicide watch after an earlier reported suicide attempt that had led to his hospitalization, at the time of his death. S. KARIN EPSTEIN, HAL EPSTEIN, and VINCENT MCGEE, Plaintiffs, v. EPSTEIN TEICHER EPTL 8-1.1(f) also gives the Attorney General the authority to "represent the beneficiaries of such dispositions for religious, charitable, educational or benevolent purposes and it shall be [the Attorney General's] duty to enforce the rights of such beneficiaries by appropriate proceedings in courts. Epstein, who pleaded guilty to charges of solicitation of prostitution and procurement of minors for prostitution in Florida in 2007, ran a years-long "trafficking pyramid scheme" from the US Virgin Islands, prosecutors alleged in a lawsuit against the former wealth manager's estate in January 2020. Philanthropy was already in the grip of some serious soul searching, but the revelations about Jeffrey Epsteins donations to the MIT Media Lab are forcing 63-69.) On October 3, 2005, James Mulcahy, Kenneth Roth, McGee, Milton, and Seth were elected as directors. EPSTEIN TEICHER PHILANTHROPIES (DOS ID: 415962) was incorporated on 11/24/1976 in New York. Among Epsteins powerful associates are presidents Donald Trump and Bill Clinton. Menudo Star Says Jos Menendez Assaulted Him. royal college of orthopaedics Specifically, Defendants contend that because the Estate of William has no claim against ETP for failure to honor decedent's donative intent (as the testamentary gift to ETP was unrestricted), the Estate's personal representatives likewise have no claim. McGee's request to produce certain books and records hinges on whether he is a Member of ETP. Epstein was arrested in New York on 6 July 2019 after flying back from Paris on his private jet. The parties shall submit a proposed PC order within 20 business days of this decision or competing proposed PC Orders; and it is further. Why is this public record being published online? The office address is located at 666 Fifth Avenue, 14th Floor, (Id. 2021-06-25, New York County Courts | Contract | Vincent F. Mcgee JR. AS A MEMBER OF EPSTEIN TEICHER PHILANTHROPIES, Hal M. Epstein AS CO-SUCCESSOR EXECUTOR OF THE ESTATE OF WILLIAM A. EPSTEIN, S. karin Epstein AS CO-SUCCESSOR EXECUTOR OF THE ESTATE OF WILLIAM A. EPSTEIN, AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #001) Affirmation of Service of OSC Papers; Filed By: Shapiro, D.; Filed: 10/12/2020; Received: 10/12/2020, ORDER TO SHOW CAUSE (Motion #001); Filed By: Court User; Filed: 10/13/2020; Received: 10/09/2020, ADDENDUM - COMMERCIAL DIVISION (840C) (Motion #001); Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, RJI -RE: ORDER TO SHOW CAUSE (Motion #001); Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, MEMORANDUM OF LAW IN SUPPORT (Motion #001) Memorandum of Law in Support of Order to Show Cause; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, EXHIBIT(S) - C (Motion #001) Emails; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, EXHIBIT(S) - B (Motion #001) Cover email and Demand Letter; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, EXHIBIT(S) - A (Motion #001) Verified Complaint; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #001) Affirmation of David J. Shapiro; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, EXHIBIT(S) - B (Motion #001) 10/3/2005 Minutes; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, EXHIBIT(S) - A (Motion #001) 8/29/2005 Minutes; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #001) Affidavit of Vincent F. McGee, Jr.; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, ORDER TO SHOW CAUSE ( PROPOSED ) (Motion #001) *Corrected* Order to Show Cause (Proposed); Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/09/2020, AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service for Adrienne Simpson; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service for Epstein Teicher Philanthropies; Filed By: Shapiro, D.; Filed: 10/07/2020; Received: 10/07/2020, AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service for A. Seth Teicher; Filed By: Shapiro, D.; Filed: 10/07/2020; Received: 10/07/2020, AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service for Jane Heffner; Filed By: Shapiro, D.; Filed: 10/02/2020; Received: 10/02/2020, SUMMONS + COMPLAINT Summons and Verified Complaint; Filed By: Shapiro, D.; Filed: 09/14/2020; Received: 09/14/2020, DocketORDER TO SHOW CAUSE (Motion #001); Filed By: Court User; Filed: 10/13/2020; Received: 10/09/2020, DocketAFFIRMATION/AFFIDAVIT OF SERVICE (Motion #001) Affirmation of Service of OSC Papers; Filed By: Shapiro, D.; Filed: 10/12/2020; Received: 10/12/2020, DocketADDENDUM - COMMERCIAL DIVISION (840C) (Motion #001); Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, DocketRJI -RE: ORDER TO SHOW CAUSE (Motion #001); Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, DocketMEMORANDUM OF LAW IN SUPPORT (Motion #001) Memorandum of Law in Support of Order to Show Cause; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, DocketEXHIBIT(S) - C (Motion #001) Emails; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, DocketEXHIBIT(S) - B (Motion #001) Cover email and Demand Letter; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, DocketEXHIBIT(S) - A (Motion #001) Verified Complaint; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, DocketAFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #001) Affirmation of David J. Shapiro; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, DocketEXHIBIT(S) - D (Motion #001) Demand Letter; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, DocketEXHIBIT(S) - C (Motion #001) By-Laws; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, DocketEXHIBIT(S) - B (Motion #001) 10/3/2005 Minutes; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, DocketEXHIBIT(S) - A (Motion #001) 8/29/2005 Minutes; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, DocketAFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #001) Affidavit of Vincent F. McGee, Jr.; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, DocketORDER TO SHOW CAUSE ( PROPOSED ) (Motion #001) *Corrected* Order to Show Cause (Proposed); Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/09/2020, DocketAFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service for Adrienne Simpson; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, DocketAFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service for Epstein Teicher Philanthropies; Filed By: Shapiro, D.; Filed: 10/07/2020; Received: 10/07/2020, DocketAFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service for A. Seth Teicher; Filed By: Shapiro, D.; Filed: 10/07/2020; Received: 10/07/2020, DocketAFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service for Jane Heffner; Filed By: Shapiro, D.; Filed: 10/02/2020; Received: 10/02/2020, DocketSUMMONS + COMPLAINT Summons and Verified Complaint; Filed By: Shapiro, D.; Filed: 09/14/2020; Received: 09/14/2020, Albany County Courts | Other | "Mr. Wexner severed ties with Mr. Epstein more than a decade ago," an L Brands spokesperson told Forbes in July 2019. . Revealing how Epstein set up a pseudo-sexual Ponzi scheme to bring in underaged girls, the doc delved into the aftermath the survivors are experiencing with no justice to be served. Defendants contest plaintiffs' standing under CPLR 3211 (a)(1) and (3). Ito worked with other directors and staff at the MIT Media Lab to quietly receive large anonymous donations from Epstein after he was convicted of soliciting underage girls for prostitution, a New Yorker expos published on September 6 reports. 59.) Prince Andrew resigned from public royal duties in November, Business Insider reported. In August 2019, he died in jail, which was ruled a suicide. It is even said that he likes beautiful women as much as I do, and many of them are on the younger side. Grantees include Human Rights Watch. Defendants challenge the applicability of Smithers due to the contractual nature between the plaintiff and defendant in that case. (Id. Pages cited refer to NYSCEF generated pagination numbers. (Fortis Fin. ), The court is also unpersuaded by defendants' distinction between an unrestricted gift and an endowment fund insofar as it determines whether plaintiffs have standing or not. (NYSCEF 1, Complaint 3.) Epstein became a trusted confidant of Wexner's while Epstein managed the CEO's fortune, according toVanity Fair. epstein teicher philanthropies related to jeffrey epstein. If proceeding under the fourth test, the controlling by-laws are the by-laws when plaintiff was admitted to membership. The Attorney General is entitled to sue on behalf of possible beneficiaries or members of a class of beneficiaries for enforcement of the charitable trust to prevent vexatious litigation. Wall Street billionaire Leon Black paid Epstein at least $50 million in consulting and other fees. Soc, 179 AD 211, 213 [1st Dept 1917]. "The Epstein Family was a very tight knit, New York-based, Jewish family. Best Known For: Jeffrey Epstein was an American money manager and registered sex offender. (Amsellem, 280 A.D.2d at 360-361. His mother, Pauline, worked part-time as a school aide, and his father, Seymour, was a groundskeeper for the New York City Department of Parks and Recreation. Epstein said that MBS had visited Epstein's Manhattan mansion many times and had a framed photo of the crown prince hanging on the wall, according to New York Times reporter James B. Stewart. Ctr., 281 AD2d 127, 137 [1st Dept 2001] [citation omitted].) Starting in the mid-1990s, he moved his company to the U.S. Virgin Islands to avoid paying taxes. "I've known Jeff for 15 years. 6.) Defendants argue that ETP's charitable mission, as stated in its Certificate, is broad: "The purposes for which [ETP] is to be formed are exclusively to receive and administer funds for scientific, educational, and charitable purposes." A wealthy financier who made a fortune as a hedge fund manager in the 1980s and 90s a man known for his lavish lifestyle and high-profile (NYSCEF 7, McGee aff 3, 8.) (Id. Tom and Manny never married; Bill married Ruth Meyer and plaintiffs S. Karin Epstein (Karin) and Hal M. Epstein (Hal) are their children; and Florence married Milton Teicher (Milton). Epstein was said to be one of the masterminds behind the scheme, but he ended up getting away unscathed, leaving Tower a few years before it fell apart in 1993. 2021-11-29T10:14:54-05:00 The original Board of Directors, listed on the Certificate, consisted only of the Epstein Siblings. (Id. In 2008 he served 13 of his 18-month sentence in prison with a generous work release and was ordered to pay three dozen of his victims in restitution and register his name on the sex offender rolls. And the best part of all, documents in their CrowdSourced Library are FREE! at 4.) (Getman v Mohawk Valley Nursing Home, Inc., 44 A.2d 392, 395 [4th Dept 1974].) According to a July 22 article from NY Magazine's Intelligencer, a number of royals and royal connections were among Epstein's contacts. Gates also met with Epstein at least once in New York in 2013, and flew on one of his private planes to Palm Beach, Business Insider previously reported. Florence was the last Epstein Sibling to serve on the board in 2004 and Milton became President of ETP in 2004. AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #001) Affidavit of Vincent F. McGee, Jr. ORDER TO SHOW CAUSE ( PROPOSED ) (Motion #001) *Corrected* Order to Show Cause (Proposed), AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service for Adrienne Simpson, AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service for Epstein Teicher Philanthropies, AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service for A. Seth Teicher, AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service for Jane Heffner, SUMMONS + COMPLAINT Summons and Verified Complaint, Cases involving other matters not classified elsewhere, 890, 1890, 1990, 2890, 2899, 2999, 3375, 3890, 3896, 3899, 3999, 4890, 4896, 4999, S. Karin Epstein et al v. Epstein Teicher Philanthropies et al, EXHIBIT(S) - D (Motion #001) Demand Letter; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020, EXHIBIT(S) - C (Motion #001) By-Laws; Filed By: Shapiro, D.; Filed: 10/08/2020; Received: 10/08/2020. The use of "may" in connection with the Attorney General authority to initiate an action to enforce members' or directors' rights militates against defendants' view. Please contact the Commercial Division Blog editors at commercialdivisionblog@schlamstone.com if you or a client have questions concerning nonprofit organizations. uuid:e710dd0b-8bf3-4ec5-a84b-5351cc4aba72 Here, plaintiffs Karin and Hal were appointed as co-successor executors by the Westchester County Surrogate's Court on July 6, 2020. "A cause of action may be dismissed under CPLR 3211(a)(1) 'only where the documentary evidence utterly refutes [the] plaintiff's factual allegations, conclusively establishing a defense as a matter of law.'" On July 2, 2020, Ghislaine Maxwell, a British socialite and ex-girlfriend of Epstein's, was arrested by the FBI in Bradford, New Hampshire. Still, Epstein got a job teaching calculus and physics at the Dalton School, an Upper East Side prep school, in 1974. Epstein Teicher Philanthropies (ETP) is a not-for-profit 501(c)(3) charitable membership corporation organized under the laws of New York. She was also fined $750,000, the judge said, and will have to remain on probation for five years following her time in prison. Netflix, FX and Annapurna Pictures severed their ties with Siegal in July 2019 after her connection to Epstein became public, Variety reported. (Lucker, 114 A.D.3d at 169-170.) Someone should tell him about redaction.". Jeffrey Epstein was an American money manager and registered sex offender. American financier Jeffrey Epstein (L) and then-real-estate developer Donald Trump (R) pose together at the Mar-a-Lago estate, Palm Beach, Florida, 1997. 2018-02-23. 3, 71-72.) 56, 61-63.) Accordingly, Karin and Hal applied for and received Successor Letters Testamentary from the Westchester County Surrogate's Court on July 6, 2020 "to perform all acts requisite to the proper administration and disposition of William A. Epstein's estate." According to Counselor to the President Kellyanne Conway, Trump now believes the crimes Epstein was charged with are "completely unconscionable and obviously criminal." ( Smithers v St. Luke's Roosevelt Hosp. A spokesperson for Black also told the Times that the relationship ended after a "fee dispute" in 2018. Mark Zuckerberg and Elon Musk were also in attendance. Independent foundations . (Rabushka v Marks, 229 A.D.2d 899, 900 [3d Dept 1996].) Court documents unsealed on July 31 show Epstein accuser Virginia Giuffre testified that Clinton also visited Epstein's island something the former president has denied. Jeffrey Epstein. Director, Center for ADHD. Prosecutors in the US Virgin Islands alleged that Epstein was trafficking women and children through the US territory during that same time, as stated in a January lawsuit. In Motion Sequence Number 001, McGee seeks access to Epstein Teicher Philanthropies' books and records. The siblings attended neighborhood public and Hebrew schools, worshiped at the local synagogue, and played in Prospect Park, located just across the street from their apartment off Eastern Parkway." Access lists of funders based on detailed search criteria and other features such as: Giving primarily for the arts, education, and human rights, Copyright 2023 Candid. (Id. 114-173.) N-PCL 720-a requires the court to conduct a two-part analysis. ), ETP's Certificate does not state how members are chosen but Article II, paragraphs one through three of the 1976's By-laws set out how members can be added, their rights, and resignation procedures. Dissatisfied with the circumstances that led to the medical examiner's conclusion, Esptein's family hired their own pathologist who believed the evidence suggested he was more likely murdered. L Brands also announced that it would sell the majority stake in Victoria's Secret to private equity firm Sycamore Partners and spin-off Bath & Body Works into a separate company. She also labeled them "disgusting," according to a July report from the Associated Press. WebOn December 18, 1976, the Epstein Siblings held a Special Meeting of the Board of Directors to adopt the foundation's first set of by-laws (1976 By-laws), elect officers, and Siegal said. (Id. Thus, they are entitled to the statutory protections under N-PCL 720-a. McGee alleges further that Milton personally appointed him a "Lifetime Member" on October 3, 2005 during a Special Meeting of the Board of Directors.