16h 30min, sep 9, 2016 y - LETTER Amber Heard To Johnny Depp Settlement Money Charity Donations

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September 9, 2016

Re: Amber Heard / Johnny Depp

Dear Laura,
Amber has not received the sum of $200,000 due September 1 pursuant to the Deal Point
Memo ("DPM") executed August 15, 2016 between the parties. This letter constitutes a demand that Johnny make an immediate payment of the $200,000 in order to cure his material breach of Paragraph 17 (a) of the DPM.

Your side has informed us that Johnny is claiming that he donated the first $200,000
installment of the $7 million that he agreed to pay Amber under the DPM directly to the two charities that Amber selected to donate her settlement proceeds. Frankly, I was baffled when this was first announced in the media in light to your previous statement to me that I should not worry whether the parties had a binding deal and Johnny would make the payments. Nonetheless, Johnny's failure to pay Amber as unambiguously required by their settlement agreement constitutes a repudiation and material breach of the DPM by him.

Under the DPM, the payments to Amber are equalization payments which Johnny cannot take as tax deductions. Paragraph 19 of the DPM expressly states: "These [equalization payments] shall be considered non-taxable transfers between spouses incident to divorce pursuant to Internal Revenue Code Section 1041." By misappropriating Amber's money to pay his donations to these charities, Johnny is trying to illegally secure tax deductions and thereby reduce his out-of-pocket costs to $3,500,000. It Johnny really wants to be philanthropic, Amber will agree to amend the DPM to provide that Johnny pay the full amount that he was supposed to pay Amber by donating $14 million to the two charities, which after accounting for his tax deductions, is equal to his $7 million non-deductible payment obligation to Amber.

Put another way, if Johnny wants to make a $7 million donation to these charities, he can.
That does not excuse, however, his obligation to pay Amber the $7 million that she is donating. Amber, and not Johnny, should (and will enjoy the benefits of her generosity. If Johnny is truly interested in such a gesture, he should pay Amber as required by the DPM, she will donate her $7 million, and he can then donate his own $7 million. Either way, the two charities will get $14 million. But no matter what, Johnny must pay Amber the $7 million that he owes her pursuant to the DPM.

We suspect that Johnny has not performed because he claims (falsely) that Amber breached the DPM. This is simply not true. The evidence will show that in fact Johnny's side has leaked confidential settlement information to the media. And even if Amber did breach the DPM (which she has not), her alleged breaches do not permit Johnny to repudiate or avoid the agreement.

California law abhors self-help. Johnny has no more right to divert Amber's settlement money to her charities than Amber has the right to give his artwork to Goodwill instead of him.
If Johnny believes that Amber is in breach, he can file a lawsuit for damages. One thing he cannot do, however, is fail to pay her the money that he legally owes her.

There can be no question that the fully executed DPM is a binding and enforceable contract. Johnny and his counsel have acted as if there were in fact an agreement. Johnny's counsel filed a stipulation of dismissal of the domestic violence case pursuant to the DPM, eventually delivered to me the signature pages, have insisted that arrangements be made for him to retrieve his artwork, demanded that the lawsuit in Arizona be dismissed, and reassured me that Johnny would make the settlement payments to Amber. Johnny himself timely wired to Samantha Spector's Client Trust Account the first $100,000 installment for attorneys' fees per Paragraph 25 (a) of the DPM. Johnny simply cannot pick and choose the provisions of the DM that he will respect. His conduct has repeatedly ratified that the DPM is a binding and enforceable agreement.

Unless Johnny cures his material breach pays by wiring $200,000 to Samantha Spector's
Client Trust Account before the close of business on September 13, 2016, Amber will have no choice but to take such action as she deems necessary to enforce her legal rights and remedies under the DPM.

While no notice of default is required by the DPM, this notice is given in an effort to avoid futher proceedings. No futher notice will be given before enforcement proceedings are commenced if the DPM is not performed in accordance with its terms. All of Amber's rights, remedies and defenses, at law or in equity, are hereby expressly reserved.


SOURCE:
UK Court of Appeal Documents:
- Team Depp CoA Witness Statement 5

US VA Court Documents:
- Amber Heard Exhibit 1486
- Ed White Testimony [VIDEO from 14.00]

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