Last Communication With Alfieri

Update as of 10-15-2018 -- The case has been dismissed by both parties.  As we have agreed to move forward, the dismissed case will remain confidential

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January 4, 2013 - I asked Victor to not include the money used to sue me as part of the budget. It was bad enough that he took my own money to sue me... and he wanted to include that in the budget???

I have learned with this experience that I have to be clear as to what I want and what I don't want, as to what I agree and don't agree with. I did not want to be scared anymore of asking what I wanted. I was VERY clear in my message to Victor. I did not want any more misunderstandings.

Victor,

I had not received these reports before. I only had one.  Thanks for sending them.

Just so you know. I consulted with my attorney and I have been told that you CANNOT use the funds I invested to sue me, especially after MY money was taken and concealed  without authorization.   So you need to pay for Muse's services yourself. You initiated the action, therefore, MY FUNDS cannot be used to sue me.

It would have been different if Bondolini had been sued first and you were protecting the film. I have grounds to sue you for this. And you would LOSE.

You have also taken the liberty to use my funds without authorization or written agreement. You have not kept me informed as to budget increases or ANYTHING.

Victor, you have breached our contract repeatedly. I could easily sue you and Bondolini now with allegations that I can prove. If I were to do so, the movie would not get distributed. I really do not want to start a legal war again.  So this is what I propose:

As to the Expenses in Italy

*We can stipulate that what I contributed - around 56,000 euros -to the Italian budget covered ALL the expenses. You are missing most of the receipts and many are handwritten by you (not legally valid). We also stipulate that your contribution to the Italian budget is ZERO.

As to the $17,500 you took from my investment without my approval

*This is where you would be found guilty right away for converting my funds and for using my money to take legal action against me with false and slanderous allegations.

So I am NOT agreeing to one penny you spent of this money. You understand, right?  You told me repeatedly that you had not touched the money. I still have all those emails. You attorney also told us that the funds had not been CONVERTED - which was a complete lie.

What I agree to do is to have you return those funds to the budget and have those funds be used to finish the movie.

As to the Money you Spent and want reimbursed

I will be very generous here. I did see receipts for the editor and the sound/music people. I am willing to allow those expenses as part of the budget. You should pay for your own expenses and for those meals during meetings with people. 

Your trip to Italy last year should not be covered. I don't agree with any of those expenses. 

I am agreeing to only $14,060 (please see attachment)

Bottom Line is

$17,500 is returned to the budget (You return this money, or simply stop claiming it as reimbursable expenses)

$14,060 is used to pay for editing, sound/music

We are left with $3,440. 

You get an investor for $15,000 by the end of the month.

That investor can get her/his $15,000 back along with my investment first position (NOT BEFORE ME). So if we sell the movie for 50k, we will split it accordingly. His/her 20% ($3,000) comes after first position is paid. So we could say that her 20% is second position with every other second position deferred payment. I also want to be present when this contract is signed and the money received. I am ok with 1% of revenues for this person. This person gets a co-executive producer credit with Josh not EP credit. 

You don't get an Executive Producer credit as you have not invested money in the movie. You have used the funds without authorization and you know that that is a breach of contract and you are subject to legal action. If you get a loan instead of another investor, then you can get an EP credit yourself.  

You still get your $16,000 deferred second position payment plus 50% of whatever the movie makes (after paying points, of course). I also get my 50%.

I believe that after reviewing all the financial statements, I am being very reasonable and generous with you.  

Thanks 

Adriana Trevino

Victor replied. I have added my comments in parenthesis.

Adriana  

it is very simple : you have attacked on Aug 3rd 2011 Bondolini and Alfieri. (I did not attack him. I simply asked for my contract to be respected and disclosed information about our intimate relationship. That is NOT an attack. He took my money and concealed it. Who attacked whom?) 

On Sept 7th 2011 you hired yor first attorney and started attacking legally both Bondolini and Alfieri. (Attacking legally???? Asking for my money back or for at least proof that it had not been spent?) 

On Sept 15th 2011 Bondolini and Alfieri took legal actions. (I think it is funny that he always says legal actions instead of action. He used my money immediately to pay Roger Muse to sue me. He filed the lawsuit on September 21, 2011) 

Bondolini used its funds. (Victor and Bondolini used MY funds against me).  

Victor Alfieri used his funds (over 40k) to defend himself. (I bet this is a lie. He financed the whole litigation with the money he took from me.)

everthing is on paper. So do what you need to do but stop blackmailing me or my company. (No blackmailing, just trying to negotiate)

office will be closed now. (What office???)

good weekend

 Then I wrote to him again.

I am not blackmailing you.  I am being nice and generous to you.  

So you are saying NO to my proposal?  It is very simple. Just go to bottom line. I don't see any threats. 

This is all you need to read -  

Bottom Line is 

$17,500 is returned to the budget (You return this money, or simply stop claiming it as reimbursable expenses) 

$14,060 is used to pay for editing, sound/music 

We are left with $3,440.  

You get an investor for $15,000 by the end of the month. 

That investor can get her/his $15,000 back along with my investment first position (NOT BEFORE ME). So if we sell the movie for 50k, we will split it accordingly. His/her 20% ($3,000) comes after first position is paid. So we could say that her 20% is second position with every other second position deferred payment. I also want to be present when this contract is signed and the money received. I am ok with 1% of revenues for this person. This person gets a co-executive producer credit with Josh not EP credit.  

You don't get an Executive Producer credit as you have not invested money in the movie. You have used the funds without authorization and you know that that is a breach of contract and you are subject to legal action. If you get a loan instead of another investor, then you can get an EP credit yourself.   

You still get your $16,000 deferred second position payment plus 50% of whatever the movie makes (after paying points, of course). I also get my 50%. 

Please let me know if this is agreeable with you.  Our previous agreement will be respected, of course.  

Have a good weekend! 

Adriana 

 This is the last email I received from Victor that day. My comments are in parenthesis.

Not agreed. 

I invested funds and i need to recoup the money. (This is questionable. Proof is needed).

Since you are talking about suing again and had  already consulted with an attorney i take this as a threat. (I was not talking about suing him again. I just mentioned that I could sue him for what he did.)

Please have your attorney contact my attorney. 

There is no need for us to continue emailing back and forth since we cannot come to a legal agreement. (Legal agreement???? Alfieri, just respect the original agreement and show proof of legitimate expenditures!)

I will notify my lawfirm (He owns a law firm now???)

My opinion is that it is IMPOSSIBLE to work with Victor Alfieri. He does NOT listen and is stubborn. It is his way or "the legal route." It is not surprising that the already evident problems with this film project escalated when I spoke my mind and asked for what I thought was fair.

And this is my last email to Alfieri.

I just said I asked my previous attorney about a legal question. I did not say that I had hired an attorney. I was not talking about suing again, at all. Why would I do that? I am trying to come to an agreement with you! 

You claim to have invested funds, I understand. You spent about 20k paying Muse when you could have avoided that. 

Don't act out of anger again. Remember what happened last time? You sued me with FALSE allegations and things got out of hand. Do you want that to happen again? 

Victor, you need to listen to people when you want to come to a fair agreement. You negotiate only from your side and take offense when someone says what she/he wants.  You don't have to agree with what I say. I don't have to agree with what you say. But we can come to a mutual understanding. 

I don't want to start a war again. I really don't. 

Adriana Trevino

This email exchange with Victor motivated me to speak up and tell my truth. That is how this BLOG was created. It was time for me to stop hiding and tell the truth. 

Disclaimer – As of October 15, 2018, all legal issues have been resolved. This resolution was reached during arbitration. There are no pending issues related to fraud or theft. The resolution was mutually agreeable. There will be no more posts written about this story