# Profoundd archive — Epstein Files # Bates number: EFTA01019083 # Title: From: Lawrence Krauss # Dataset: 9 # Pages: 11 # Images: 11 detected # Tags: epstein, doj, dataset-9, image-described # Source PDF: https://profoundd.com/epstein-docs/EFTA01019083/download # Doc viewer: https://profoundd.com/epstein-docs/EFTA01019083 # # Text below is what Profoundd has extracted from the source PDF. # 'ocr-enriched' tag means OCR was applied to scan-only pages. # Image descriptions are AI-generated factual captions (llava:13b). #---------------------------------------------------------------------- === SUMMARY === From: Lawrence Krauss To: J leevacation®gmail.conv, nancy dahl Cc: Lawrence Krauss •:•. > Subject: Fwd: Krauss settlement agreement - revised draft Date: Sat, 20 Oct 2018 12:0834 +0000 Attachments: Krauss_settlement_agreement_-_ftilly_executed.pdf So here is the situation.. I need to get retirement letter done before I go to bed tonight, by, say 1 am my time. Also, I would like to terminate Justin, and contact Kim and Cynthia and indicate that I will deal with them directly on redacting the docu === EXTRACTED TEXT === From: Lawrence Krauss To: J leevacation®gmail.conv, nancy dahl Cc: Lawrence Krauss •:•. > Subject: Fwd: Krauss settlement agreement - revised draft Date: Sat, 20 Oct 2018 12:0834 +0000 Attachments: Krauss_settlement_agreement_-_ftilly_executed.pdf So here is the situation.. I need to get retirement letter done before I go to bed tonight, by, say 1 am my time. Also, I would like to terminate Justin, and contact Kim and Cynthia and indicate that I will deal with them directly on redacting the documents. If you agree with this course, I suggest I send that on to them after I send in the retirement letter. Next, given that they have specifically said that they are releasing both the settlement agreement (which I would have thought should be confidential) and the retirement letter as early as Monday, along with the Provosts determination, which includes all the OEI results before my appeal, I think we need to do the (A retirement letter with all the bells and whistles. Because otherwise the information that the material in the Provosts determination is wrong will not get out.. any letter I write to the president following my retirement letter will not be released to the press at that time, and if it gets out eventually, it will be after all this has appeared to the press.. So, we go back to plan Al think. Thoughts? Begin forwarded message: From: Justin Dillon • Subject: Fwd: Krauss settlement agreement - revised draft Date: October 20, 2018 at 1:51:17 PM GMT+2 To: Lawrence Krauss < Lawrence. The deal is done—see attached. But re the PRR. I had a feeling this was wing to happen—they are going to release everything Monday and aren't going to wait for you to talk about it next week. See bekow for details. If you we gang to handle this yourself. let me know. and I will tea Kim that you wa deal with her or Cynthia directly and that you will respond substantively to her email. But now that we have signed the deal. I don't want to be sending emails you dictate anymore. I was waling to go along with that when we were in the final stages of getting the deal done. but it's not how I practice law. Thanks, and please let me know. Jusbn Jusbn Dillon Kaiserthllon PLLC 1401 K St. NW Suite 600 Washington. DC 20005 (202) 640-4427 From: Kimberly Demarchi - Sent: Friday, October 19, 2018 11:29 PM To: Justin Dillon Subject: RE: Krauss settlement agreement - revised draft Justin, Enclosed please find a fully executed copy of the settlement agreement. With regard to the public records, the University will not be able to delay releasing records in response to already pending requests once it makes a public statement that the agreement has been reached, since the pending proceedings were the reason that we did not respond previously (and those proceedings are now concluded). So please get your client's comments to us as soon as possible so that we may consider them before we release the documents. We expect to release our statement and the documents on Monday, after we receive your client's written retirement letter. In tuming the comments around quickly, it may help to focus on the potentially relevant pages, which are only 10 of the pages provided to you. The documents are in two files, named PRR Response part 1 and PRR Response part 2. PRR Response Part 1 contains only five pages of letters relating to Dr. Krauss's employment — his 2008 offer letter, a 2014 letter confirming funding commitments, and the 2018 letter providing notice of the non-renewal of his Foundation Professorship and his administrative appointment. The salaries, titles, and dates of employment of University faculty and administrators are generally public information and we do not customarily redact these types of documents, with the exception of having already redacted Dr. Krauss's non- public email address on the 2018 letter. PRR Response Part 2 contains the 33-page letter from Provost Searle to Dr. Krauss providing him with Determinations on the complaints filed against him. EFTA01019083 However, pages 11-33 are just copies of various University policies referenced in the letter, which are publicly available on the University's website and which we would therefore not redact. So you're really just looking at pages 1-10, which are the letter and the attached Determinations. I therefore hope you will be able to address this quickly so that we may consider your input before the release of the documents. Please note that we will also be releasing the executed settlement agreement and your client's written retirement letter. Best wishes, Kim Kimberly A. Demarchi lAdd me to your addresi Na) North CentnilAwanc out Elam Phaenh,__, _ Arisona Rr(112 TelePlia Facsimile &a . From: Justin Dillon a> Sent: Friday, October 19, 2018 1:32 PM To: Kimberly Demarchi Subject: Re: Krauss settlement agreement - revised draft Thanks, Kim. We'll get back to you about this early next week, once he's back from Germany. Junin Dillon Kaiserthllon PLLC 1401 K Street NW Suite 600 20005 On Oct 19, 2018, at 12:52 PM, Kimberly Demarchi a wrote: Justin, In terms of additional redactions, why don't you and Dr. Krauss mark up the documents to indicate what else you think should be redacted so we can consider those potential additional redactions? I've reattached the copies for your convenience. Thanks, Kim Kimberly A. Demarchi profile I Add me ha.yont. book Vag North rrntrit Avrnor mu Phoenix. ••• Telephon Facsimile . . From: Justin Dillon wrote: Justin, Attached is a revised draft agreement in clean and redline versions. My clients have authorized me to extend this offer thmughi: 00 M. Ariznna time tomorrow October 18. The substantive changes are in two sections — the donated funds and the mutual release. Let me provide some context in the hope that it may be helpful. With regard to the donated funds, please understand that what your client is asking for is highly unusual. Gifts to the ASU Foundation are irrevocable and the ASU Foundation does not generally return or transfer funds absent unusual circumstances. In addition, because the fund maintained by the ASU Foundation to accept gifts to support the Origins Project has had hundreds of donors over a period of nearly ten years, making a determination of how much of any particular donor's funds are available for transfer is complex and must be done with appropriate care for the Foundation's accounting obligations and its obligations toward other donors who gave to the fund and have not consented to the transfer. This is different from a research grant, which is accounted for individually and for which transfer is not uncommon as principal investigators move to different institutions. The attached draft reflects the complex and unusual nature of this request and the necessity that the Foundation make any determinations regarding the calculation of funds and regarding any requirements for the form in which it needs the donor's consent or direction regarding the transfer. With regard to the mutual statement, we have removed the global reference to confidentiality and re-captioned this paragraph. We don't want to suggest that we're making an agreement prohibited by A.R.S. 12-720(D), which we aren't, given the specific provisions regarding non-disparaging statements and the release of public records. At this point, the provisions of the agreement doing the work are really the public records and non- disparagement provisions. There are also a handful of non-substantive changes—adding a missing possessive apostrophe and changing the line spacing to keep the signature lines together and on a page with other text. Also, in the spirit of compliance with what will be paragraph 5(b) if we reach agreement, I am attaching two sets of documents that the University anticipates releasing in response to pending public records requests at or near the time of the release of the public statement (should we reach agreement). Under our public records statute, we have been able to hold off on making these responses during the pending proceedings, but once we make a public statement we won't be able to hold onto them and still comply with a requirement of prompt disclosure. Given the requirements of Rule 4.2, I don't think I can send these to your client directly (as we contemplate would be the case for any future disclosures once the agreement is signed), so I am providing them to you instead. I look forward to your response. EFTA01019087 Best wishes, Kim Kimberly A. Demarchi rafkI adim112 your address boot 2.12,1 Nona Gmril Mr= 215t Floor Moms.. ' e Telepho Facsimile 2 n.prA From: Justin Dillon a Sent: Tuesday, October 16, 2018 7:41 AM To: Kimberly Demarchi Subject: Re: Krauss settlement agreement - revised draft Kim, Thanks for the quick response. And yes, I think that change makes a lot of sense. Justin Justin Dillon KaiserDsan PU.0 1401 K Street NW SuiteD ton. DC 20005 On Oct 16, 2018, at 10:39 AM, Kimberly Demarchi a wrote: Justin, I think I understand where you're going with these revisions, and I will follow up with my clients. One quick clarifying question, though. Should the paragraphs be broken up as follows, rather than having the sentence "Only...." as part of subparagraph (b)? 4. If, in the next 90 days, any of the following donors to the ASU Foundation to support the Origins Project makes a request to transfer funds (outlined below) to another nonprofit organization, ASU will not oppose the transfer of funds and will request that the MU Foundation make the requested transfer: (a) All funds from major donors (those who contributed or pledged $5,000 or more, including multiple donations from a single family) since January 1, 2017; (b) unexpended funds from single major donors in excess of $300,000 since 2010. Professor Krauss will provide a list directly to the ASU Foundation of the donors that, to his knowledge, fall in these categories, and the ASU Foundation will be solely responsible for confirming its validity, and if necessary reporting back to Professor Krauss with names added or removed from this list. Only requests from these individuals or groups will be considered for transfer. It is expected that this list will include fewer than 20 donors, and based on the estimates available at the current time of ASU Foundation funds not expended as of October 2018, it is expected that the total available funds for this purpose will not be less than $1 million dollars, and not more than $1.3 million dollars. However, the MU Foundation shall be solely responsible for providing an accounting of the amount of funds available for transfer under this arrangement. Thanks, Kim From: Justin Dillon a> Sent: Tuesday, October 16, 2018 7:20 AM To: Kimberly Demarchi Subject Re: Krauss settlement agreement - revised draft Kim, EFTA01019088 Attached is my redline back. I made only two changes—one small change making clear that the agreed-upon public statement will be released "by ASU," and one big change about the Origins money. I think it might make sense for us to discuss this by phone. I completely understand ASU's money-is-fungible concerns, but I think this gets around it (especially since this money was donated for the Origins Project, and there is no more Origins Project). In any event, please let me know what you think. As you might imagine, this is a very important issue for Professor Krauss. Thanks, Justin Justin Dillon KaiserDitto PLLC 1401 K Street NW Suite 600 • 20005 On Oct 15, 2018, at 9:31 PM, Kimberly Demarchi .: M> wrote: Thanks, Justin. That's fine Kimberly A. Demarchi Profile I Add me to your address book 2929 Non!, Comm) AVerille xisi Moor PLISaix Ttriephco Facsimile . . From: Justin Dillon Sent: Monday, October 15, 2018 5:17 PM To: Kimberly Demarchi Subject: Re: Krauss settlement agreement - revised draft Thanks, Kim. Given the lateness of the hour here and Professor Krauss 's travel schedule, I will get back to you tomorrow about this. Justin Dillon Kaiser0illon PLLC 1401 K Street NW Suite 600 0005 On Oct 15, 2018, at 8:00 PM, Kimberly Demarchi wrote: Justin, I've attached a revised agreement for your review. As you've requested, I've revised the disclaimer obligation to extend to any ASU employee, rather than just the Participating Employees. I've also made some grammatical and clarifying revisions to that sentence. I've also now gotten the information needed to respond on the proposed terms regarding donors who gave money to the ASU Foundation for the Origins Project. As it turns out, there are hundreds of unique donors, many of whom have given small amounts of money over the last ten years. Agreeing to unravel exactly how much of each of those donors' money is left at this point in time just is not feasible. However, the University is willing to agree that it would not oppose a request from the Black Family Foundation to transfer any of its donations that remain unspent and would request that the ASU Foundation honor the request. The ASU Foundation would of course have to have final responsibility for calculating the amount of funds unspent and available for transfer. I've made those revisions on the attached as well. Please let me know your thoughts. Best wishes, Kim Kimberly A. Demarchi Profile I Add me to your address book EFTA01019089 2929 North Central Avenue 21st Finer au's= Ari3Ona Rena Telephone 6o2.640.9362 Facsimile 6o2. o. OS From: Justin Dillon < Sent Monday, October 15, 2018 8:52 AM To: Kimberly Demarchi Subject: Re: Krauss settlement agreement - revised draft Kim, I think what you propose is fine, but I think the word "Participating" in the last sentence is a typo. I think ASU is agreeing to, if asked, make the disavowal statement regarding any ASU employee (Participating or not) who purports to speak on ASU's behalf, right? That doesn't mean suppression, of course—just disavowal. Let me know what you think. Also, Prof. Krauss is flying to Mexico today, so just to manage your own timing concerns, I suspect we won't be inking this until tomorrow. He should be fine once he's settled into the hotel. Thanks, and feel free to call me if like to discuss anything else. Justin Justin Won KaisedDillon PLLC 1401 K Street NW State 600 SIC On Oct 15, 2018, at 1:11 AM, Kimberly Demarchi < r• wrote: Justin, I've reviewed your revisions, and I have some concerns about the non-disparagement provision. One of them (in the text preceding the lettered provisions) is just grammatical, but the others are substantive. ASU can't bind the participating employees not to speak in their private capacities. The most we can agree is that we will respond if they speak in a way that suggests they're speaking for MU, and clarify that they are not doing so. We also can and have proposed to agree to bind the relevant administrators who would, by virtue of their positions, be deemed to speak on behalf of the University. In addition, while sensitive to your concems about the difficulty of defining media, I think we can agree that the need for such correction would only be necessary for statements that were in a public context. I've tried to address both of those issues (along with the odd grammar) in this version of the non-disparagement provision: Non-Disparagement. Except as provided by law, the parties agree that they will refrain from making any statements that are disparaging of the other. This means that: (a) Krauss will refrain from making any statements that are disparaging of MU and the President, the Executive Vice-President and Provost, the Dean of the College of Liberal Arts and Sciences, the Dean of Natural Sciences of the College of Liberal Arts and Sciences, the Director of the School of Earth and Space Exploration, and the employees who participated in the ASV Office of Equity and Inclusion investigation (all collectively referred to hereafter as the "Participating Employees") and (b) the President, the Executive Vice-President and Provost, the Dean of the College of Liberal Arts and Sciences, the Dean of Natural Sciences of the College of Liberal Arts and Sciences, and the Director of the School of Earth and Space Exploration will refrain from making any statements that are disparaging of Krauss. For purposes of this provision, a "disparaging statement" is any statement related to this personnel review process intended to impugn the integrity of the individuals and institutions identified in this paragraph or any statement that is intended to adversely affect their reputational interests. If any of the Participating Employees makes a disparaging statement about Krauss to the media or in another public context that could reasonably be perceived as speaking on behalf of ASU, then, if asked to comment, ASU will respond that the Participating Employee spoke on their own behalf and not on behalf of ASU. Releasing factual information, or producing records in response to a public records request, will not constitute a violation of this provision. Please let me know your thoughts. Also, please keep in mind that Estill waiting for some information on the donor provision and whether we can agree to what you've requested. I will know more about that tomorrow. Kim EFTA01019090 From: Justin Dillon Sent: Sunday, October 14, 2018 5:52 PM To: Kimberly Demarchi Subject: Re: Krauss settlement agreement - revised draft Kim, I apologize, but I accidentally attached the wrong version. This correct version omits "due to Krauss's decision to retire" from Paragraph 2, makes a parallel change in Paragraph 1, capitalizes Agreement, and fixes a few typos. Thanks, Justin Justin Dillon KaiserDillon PLLC 1401 K Strew NW Suite 600 0005 On Oct 14, 2018, at 4:32 PM, Justin Dillon" wrote: Kim, My redline is attached. I think this should address our various concerns, but please let me know what you think. Thanks, Justin Justin Dillon KeiserDillon PLLC 1401 K Steel NW Suite 600 On Oct 13, 2018, at 9:19 PM, Kimberly Demarchi wrote: Justin, El still conferring with my clients, but I have some feedback to give you now, which is reflected in the attached draft. First, the revisions to the non-disparagement provisions you've proposed aren't going to work on our end. Not only is ASU too large to effectively guarantee compliance by everyone at the University, but we have strong protections in both University policy and state law for free speech by faculty, staff, and students in their private capacity. That's why the original draft specified particular individuals in leadership positions as the ones bound by the provisions, rather than the entire University. The attached version has some revisions that I hope address your client's concerns while being feasible on our end. Second, I've taken out the references to Professor Krauss being a Physics professor as well as in SESE. As a technical matter, MU faculty only have a single home department, even when they periodically (or regularly) teach in other departments, and Professor Krauss's appointment was as faculty in SESE. I've attached his appointment letter so you can see. We'll need to use the correct language in the agreement and any public statement. If prefer for the public statement to just say he has resigned his position as a professor (without specifying the department), that would be fine too — I've made that change in the attached so you can see what the statement looks like without referencing the specific department. Lastly, the feedback I've gotten so far about the list of donors has included some concerns about the catchall provision you proposed (unspecified donors who went on an expedition). We're looking into the feasibility of that on our end, and in the interim I've taken the catchall provision out. If there's more specificity you can provide about how many donors are in this catchall category, or more names for the list, that may be helpful. Would you let me know your client's position on these issues, and I'll present the final agreement for approval by ASU leadership? EFTA01019091 Thanks, Kim From: Justin Dillon Sent: Friday, October 12, 2018 2:45 PM To: Kimberly Demarchi < > Subject: Re: Krauss settlement agreement - revised draft Kim, Here's my redline. If MU will agree to this, we are prepared to sign today. Please feel free to call me at 202.421-5298 if you would like to discuss anything. Thanks, Justin Justin Dillon KeiserDean PLLC 1401 K Street NW Suite 600 0005 On Oct 12, 2018, at 4:04 PM, Kimberly Demarchi a wrote: Here's the Word document. I've reached out about the extension and will get back to you. From: Justin Dillon Sent: Friday, October 12, 2018 12:56 PM To: Kimberly Demarchi Subject: Re: Krauss settlement agreement revised draft Also, would you mind sending this to me in Word so I can redline as needed? Thanks, Justin Justin Dillon Kaisethillco PLLC 1401 K Street NW Suite 600 • 20005 On Oct 12, 2018, at 3:08 PM, Kimberly Demarchi < wrote: Justin, writing to follow up on our conversation and correspondence yesterday regarding the proposed settlement. ASU is willing to agree that any funds donated by the Brown Foundation that remain unspent may be transferred from the MU Foundation to another non-profit organization, if the Brown Foundation so directs. At this point, I've been able to determine that there is a total of $1,209,479.32 on deposit with the ASU Foundation for the Origins Project's operating expenses. Some of that may be from other donors, so it is possible that not all of it would be transferred. But whatever is attributable to the Brown Foundation would be transferred, provided that the Brown Foundation directs the ASU Foundation to do so and tells it what nonprofit should receive the funds. Although I do not agree with your analysis, we will agree to remove the reference to the ADEA from the release paragraph, which should put an end to the discussion regarding whether it is necessary to provide your client with a review period or the option to revoke. ASU is not willing to extend the retirement date beyond May 2019 or make additional payments, nor is it willing to transfer the funds in its local accounts to another institution. EFTA01019092 I have attached a revised agreement along these lines. I am available for discussion as needed. Best wishes, Kim Kimberly A. Demarchi profile I Add me [(zoom add rris hoots mage002.jpg .t&tu North Central Avenue 2tst Flror Phpca Facsimile 604. 640.4450 <0766_001.pdf> Lawrence M. Krauss Professor School of faith & Space Explotation and Physics Department Arizona State Ur x 871404, Tem A285287-1404 Re:e.rch Office: I Assistant EFTA01019093 === IMAGE DESCRIPTIONS === [Image 1] The image shows a document with text, which appears to be a letter or a report. The text is too small to read in detail, but it seems to be a formal communication, possibly related to a business or legal matter. There are no visible names, dates, places, or logos that can be discerned from this image. The document is presented in a portrait orientation. [Image 2] The image shows a document that appears to be a letter or a report. It contains text, which is the primary content of the document. The text is too small to read in detail, but it seems to be a formal written communication, possibly related to business or professional matters. There are no visible names, dates, places, or logos that can be discerned from this image. The document is presented in a [Image 3] The image shows a document that appears to be a letter or a report. The text is too small to read in detail, but it seems to contain a formal message or information. The document includes a header with a date and a recipient's name, which is redacted. The body of the text is dense and includes several paragraphs, each of which is separated by a line. The document is printed on standard letter-size [Image 4] The image shows a document with text, which appears to be a letter or a report. The text is too small to read in detail, but it seems to be a formal communication with a recipient. The document includes a header, body text, and a footer. There are visible fields such as the sender's address, recipient's address, date, and possibly a subject line or title. The document is structured with paragraphs [Image 5] The image shows a document that appears to be a letter or a report. It contains text, which is too small to read clearly. The document is structured with headings and bullet points, suggesting it might be a formal or professional document. There are no visible names, dates, places, or logos that can be discerned from this image. The document is presented in a portrait orientation. [Image 6] The image shows a screenshot of an email conversation. The email contains several lines of text, with the sender's name and email address visible at the top. The content of the email is not fully legible due to the resolution and angle of the screenshot. The email appears to be a professional correspondence, possibly related to work or business matters. The sender's name is redacted, and the email