expert-retention-letter-whitmore.docx

1035-00001 · Client 1035 · Expert Engagement

expert-retention-letter-whitmore.docx DOCUMENT M&A / Corporate

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CALDERWOOD & HARKNESS LLP Attorneys at Law 2029 Century Park East, Suite 3300 Los Angeles, California 90067 Telephone: (310) 556-8200 Facsimile: (310) 556-8201

November 25, 2025

PRIVILEGED & CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGED ATTORNEY WORK PRODUCT

Dr. Kenneth Whitmore, M.D. 9401 Wilshire Boulevard, Suite 760 Beverly Hills, California 90212

Re: Retention as Forensic Psychiatric Expert — United States v. Marguerite D. Fonseca, Case No. 2:24-cr-00583-CMD, United States District Court for the Central District of California, before the Honorable Catherine M. Driscoll

Dear Dr. Whitmore:

1. Introduction and Engagement Overview

I am Conrad Ashby, a Partner in the White Collar & Investigations practice of Calderwood & Harkness LLP. I write on behalf of the firm and our client, Marguerite D. Fonseca, to formally confirm the terms of your retention as a forensic psychiatric expert in support of the defense's sentencing advocacy in the above-captioned matter. We appreciate the time you took to discuss this matter with me during our telephone conference on November 21, 2025, and during our in-person meeting at your Beverly Hills office on November 22, 2025, and we are pleased that you have expressed a willingness to undertake this engagement.

Calderwood & Harkness LLP represents Ms. Fonseca in connection with her sentencing in the criminal case United States v. Marguerite D. Fonseca, Case No. 2:24-cr-00583-CMD, currently pending before the Honorable Catherine M. Driscoll in the United States District Court for the Central District of California. Ms. Fonseca is 52 years of age and is the founder and former Chief Executive Officer of Aurelia Pictures, Inc., a Los Angeles-based independent film and television production company.

On September 18, 2025, following a three-week jury trial that commenced on August 25, 2025, Ms. Fonseca was convicted on four counts of wire fraud in violation of 18 U.S.C. § 1343, two counts of money laundering in violation of 18 U.S.C. § 1956(a)(1)(B)(i), and one count of conspiracy to commit wire fraud in violation of 18 U.S.C. § 1371. The sentencing hearing is currently scheduled for March 6, 2026, before the Honorable Catherine M. Driscoll.

Calderwood & Harkness was engaged on November 12, 2025, to represent Ms. Fonseca for sentencing purposes. Trial counsel was Harrison J. Kerrigan of Kerrigan & Wolfe LLP, who represented Ms. Fonseca from the pre-indictment stage through the conclusion of trial. Our firm's engagement is limited to sentencing and any related post-sentencing proceedings.

The Presentence Investigation Report ("PSR") was disclosed to the parties on November 3, 2025, by United States Probation Officer Michael T. Brennan. The advisory United States Sentencing Guidelines range calculated by the Probation Office is 108 to 135 months of imprisonment, based on a Total Offense Level of 31 and a Criminal History Category of I. The defense is developing a comprehensive sentencing mitigation strategy and intends to seek a sentence substantially below the advisory Guidelines range. As you know, under United States v. Booker, 543 U.S. 220 (2005), and its progeny, the advisory Guidelines range serves as a starting point for the Court's sentencing analysis, but the Court retains broad discretion under 18 U.S.C. § 3553(a) to impose a sentence that is sufficient but not greater than necessary to achieve the statutory purposes of sentencing.

This letter confirms the terms and conditions of your retention as a forensic psychiatric expert in support of our sentencing advocacy on behalf of Ms. Fonseca. We ask that you review this letter carefully and, if the terms are acceptable, execute the acceptance provision at the conclusion of this letter and return a signed copy to our office.

2. Background on the Client and the Case

To provide you with the context necessary for your evaluation, the following is a summary of relevant background information concerning Ms. Fonseca and the underlying case. Additional detail will be provided through the materials described in Section 4 of this letter, as well as through your own clinical evaluation.

Personal History. Marguerite D. Fonseca was born in Sacramento, California, to immigrant parents from the Philippines. Her father, Renato Fonseca, and her mother, Corazon Fonseca, emigrated from Quezon City, Philippines, to the United States in the early 1970s. Ms. Fonseca grew up in the Del Paso Heights neighborhood of Sacramento, a community that, during her childhood, was characterized by significant economic disadvantage. Ms. Fonseca is a first-generation college graduate and the first member of her family to obtain an advanced degree.

Education. Ms. Fonseca earned a Bachelor of Arts degree in Film & Digital Media from the University of California, Santa Cruz, in 1995. She subsequently earned a Master of Fine Arts degree in Film Production from the American Film Institute in 1998.

Professional Achievements. Following her graduate education, Ms. Fonseca built Aurelia Pictures, Inc. (California Secretary of State Entity No. C3276451, incorporated March 14, 2009), from a one-person operation into a company that, over a 15-year period, produced 23 feature films and 6 limited television series, generating cumulative gross revenues of approximately $312 million. Aurelia Pictures was widely recognized within the entertainment industry for producing culturally significant content, including films that amplified underrepresented voices and stories in American cinema. Ms. Fonseca's professional trajectory represents a remarkable story of achievement by a first-generation Filipina-American woman in an industry where such representation has historically been limited.

Criminal History. Ms. Fonseca has no prior criminal history of any kind. She has never previously been arrested, charged with, or convicted of any criminal offense.

The Charged Conduct. The conduct underlying the charges of conviction occurred from approximately January 2018 through December 2022. The government alleged, and the jury found, that Ms. Fonseca engaged in a scheme involving inflated production budgets, fraudulent tax credit applications submitted to the California Film Commission, and misappropriation of funds from investors in various Aurelia Pictures film and television projects. The government alleges a total loss amount of approximately $14.7 million. The defense contests this loss figure and intends to challenge it through objections to the PSR and through expert testimony at sentencing. We note that the loss amount is a significant driver of the advisory Guidelines range, and the defense believes the government's loss calculation substantially overstates the actual economic harm.

Current Status. Ms. Fonseca is currently released on a $2.5 million secured bond and resides at 1847 Mulholland Terrace, Los Angeles, California 90068. She is subject to the standard conditions of release imposed by the Court, including travel restrictions.

Family and Caregiving Responsibilities. Ms. Fonseca is the mother of two minor children: Elena Fonseca, age 17, and Marco Fonseca, age 14. Both children reside with Ms. Fonseca at the Mulholland Terrace residence. Ms. Fonseca was divorced from Alejandro Fonseca in 2019, and she has been the primary residential parent since the date of the divorce. In addition to her two minor children, Ms. Fonseca is the sole caretaker for her elderly mother, Corazon Fonseca, age 79, who was diagnosed with early-stage Alzheimer's disease in 2024 and who also resides with Ms. Fonseca at the Mulholland Terrace residence. Ms. Fonseca's caregiving responsibilities—for both her minor children and her aging, cognitively declining mother—are of central importance to the defense sentencing strategy and are a subject matter on which we will seek your expert opinion.

3. Scope of Retention and Services

The scope of your retention encompasses the following areas of work. We anticipate that you will exercise your independent professional judgment in determining the specific clinical methodology appropriate for this evaluation, and we welcome your recommendations regarding any additional areas of inquiry that you believe would be clinically appropriate.

3.1 Forensic Psychiatric Evaluation

You are retained to conduct a comprehensive forensic psychiatric evaluation of Ms. Fonseca. The evaluation should include, at minimum, the following components:

(a) Clinical Interviews. Multiple clinical interview sessions with Ms. Fonseca, conducted in person at a mutually convenient location, of sufficient number and duration as you deem clinically necessary to complete a thorough evaluation. Based on our preliminary discussions, we anticipate that this will require at least three to four sessions of approximately two to three hours each, though we defer to your professional judgment as to the number and duration of sessions required.

(b) Review of Psychiatric and Medical Records. A thorough review of all relevant psychiatric and medical records pertaining to Ms. Fonseca, including but not limited to records from her treating psychiatrist, Dr. Elaine Varma of Pacific Mind Health Associates, and any other treating clinicians whose records can be obtained.

(c) Psychometric Instruments and Standardized Assessment Tools. Administration of appropriate psychometric instruments and standardized assessment tools as you deem clinically appropriate for the evaluation. We leave the selection of specific instruments to your professional judgment.

(d) Collateral Interviews. Collateral interviews, as appropriate, with family members and treating clinicians. Potential collateral interview subjects include Corazon Fonseca (Ms. Fonseca's mother), Elena Fonseca (Ms. Fonseca's 17-year-old daughter), and Marco Fonseca (Ms. Fonseca's 14-year-old son), as well as Dr. Elaine Varma and any other treating providers. All collateral interviews with family members shall be conducted subject to prior coordination with counsel, and we will arrange for the necessary scheduling and consents.

3.2 Specific Areas of Inquiry

We ask that your evaluation address the following specific areas of inquiry, each of which is relevant to the defense's sentencing advocacy under 18 U.S.C. § 3553(a):

Existing Psychiatric Diagnoses. Ms. Fonseca has been diagnosed with Major Depressive Disorder ("MDD"), initially diagnosed in 2017, and Generalized Anxiety Disorder ("GAD"), diagnosed in 2019. Both diagnoses were made by her treating psychiatrist, Dr. Elaine Varma, M.D., of Pacific Mind Health Associates, located at 1200 Wilshire Boulevard, Suite 300, Los Angeles, California 90017. We ask that you independently evaluate these diagnoses, confirm or refine them as clinically appropriate, and assess the severity and course of these conditions over the relevant time period, including the period of the charged conduct (January 2018 through December 2022) and the period from the initiation of the criminal proceedings through the present.

Current Treatment Regimen. Ms. Fonseca is currently prescribed sertraline 100mg daily by Dr. Varma and participates in weekly individual psychotherapy. We ask that you evaluate the adequacy and appropriateness of Ms. Fonseca's current psychiatric treatment regimen and make any recommendations for ongoing or additional care, including any treatment that you believe should be in place regardless of the sentencing outcome.

Contextual Stressors and Precipitating Factors. The defense believes that several significant life stressors contributed to the onset and exacerbation of Ms. Fonseca's mental health conditions and are temporally linked to the period of the charged conduct (January 2018 through December 2022). We ask that you carefully evaluate the following stressors, their impact on Ms. Fonseca's psychological functioning, and their temporal relationship to the charged conduct:

(i) Death of Renato Fonseca (2016). Ms. Fonseca's father, Renato Fonseca, passed away in 2016 after a prolonged illness. His death preceded the onset of the charged conduct and coincided with the initial diagnosis of Major Depressive Disorder in 2017. We believe this loss was profoundly significant to Ms. Fonseca, given her close relationship with her father, his role as a foundational figure in her life, and the cultural significance of family in the Filipino-American community.

(ii) Contentious Divorce (2019). Ms. Fonseca's divorce from Alejandro Fonseca was finalized in 2019 following a protracted and contentious proceeding. The divorce coincided with the diagnosis of Generalized Anxiety Disorder and occurred during the middle of the charged conduct period. Ms. Fonseca assumed primary responsibility for her two minor children in the wake of the divorce.

(iii) Professional and Financial Pressures. During the charged conduct period, Ms. Fonseca was managing Aurelia Pictures during a period of significant financial stress. This included managing complex investor relationships with entities such as Brindoval Investors Group LP and Lakeshore Capital Partners LLC, as well as maintaining a revolving credit facility with Pacific Meridian Bank, N.A. The financial pressures on the company and on Ms. Fonseca personally were considerable during this period.

(iv) Mother's Alzheimer's Diagnosis (2024). Ms. Fonseca's mother, Corazon Fonseca, was diagnosed with early-stage Alzheimer's disease in 2024. Although this diagnosis postdates the charged conduct period, it is relevant to Ms. Fonseca's current mental health status, her caregiving burden, and the potential impact of incarceration on her dependents. Ms. Fonseca has assumed sole caretaking responsibilities for her mother.

Nexus Between Mental Health and Charged Conduct. We ask that you evaluate and opine on the relationship, if any, between Ms. Fonseca's psychiatric conditions and the contextual stressors described above, on the one hand, and the charged conduct, on the other. Specifically, the defense seeks to present evidence that Ms. Fonseca's mental health deterioration during the period from 2017 forward was a contributing factor in her decision-making during the offense period. We believe that this evidence is directly relevant to mitigation under 18 U.S.C. § 3553(a)(1), which directs the Court to consider "the nature and circumstances of the offense and the history and characteristics of the defendant." We recognize that the existence of a psychiatric diagnosis does not excuse criminal conduct, and we are not asking you to suggest otherwise; rather, we seek your honest assessment of whether and to what extent Ms. Fonseca's mental health conditions contextually contributed to or influenced the behavior at issue.

Personal History and Developmental Factors. We ask that you consider Ms. Fonseca's personal history and characteristics as part of a comprehensive biopsychosocial assessment. Relevant aspects of her personal history include, but are not limited to: her upbringing in poverty in Sacramento's Del Paso Heights neighborhood; her role, beginning at approximately age 12, as a caretaker for her chronically ill mother; her first-generation immigrant background and the cultural values and expectations associated with that background; and her educational and professional achievements, which represent a trajectory of resilience and determination in the face of significant adversity. We understand that these developmental factors may be relevant to your diagnostic formulation and to your overall assessment of Ms. Fonseca as a person.

Current Mental Health Status and Impact of Proceedings. We ask that you assess Ms. Fonseca's current psychological functioning, including the impact of the criminal proceedings, the trial, the conviction, and the pending sentencing on her mental health. We also ask that you provide your prognosis for Ms. Fonseca's mental health going forward, including any treatment recommendations.

Caregiving Impact Assessment. We ask that you address the potential psychological impact on Ms. Fonseca and on her dependents—Corazon Fonseca, Elena Fonseca, and Marco Fonseca—of a lengthy term of incarceration. This area of inquiry is relevant to the Court's consideration of the sentencing factors under 18 U.S.C. § 3553(a), and we believe that your expert opinion on the psychological impact of Ms. Fonseca's potential incarceration on her family will be a significant component of the sentencing presentation.

3.3 Written Expert Report

Upon completion of your evaluation, you shall prepare a comprehensive written forensic psychiatric report suitable for submission to the Court as an exhibit to the Defendant's Sentencing Memorandum. The report should set forth, in a manner accessible to a lay judicial audience, the following:

(a) Your professional qualifications and experience, including your credentials, areas of specialization, and prior experience in forensic psychiatric evaluations conducted for sentencing purposes in federal criminal cases.

(b) A description of the methodology employed in your evaluation, including the dates and duration of clinical interviews, the psychometric instruments administered, the records and materials reviewed, and any collateral interviews conducted.

(c) Your clinical findings, including a detailed discussion of Ms. Fonseca's psychiatric history, the onset and course of her diagnoses, the relevant contextual stressors, and her current mental health status.

(d) Your diagnostic impressions, including confirmation, refinement, or revision of existing diagnoses and any additional diagnoses, rendered in accordance with the current Diagnostic and Statistical Manual of Mental Disorders (DSM-5-TR).

(e) Your expert opinions on the matters described in Section 3.2 of this letter, including the nexus between Ms. Fonseca's mental health conditions and the charged conduct, and the potential caregiving and psychological impact of incarceration.

(f) Any treatment recommendations you deem appropriate.

Timeline for the Report. The final report should be completed and delivered to Calderwood & Harkness no later than January 31, 2026, to permit timely incorporation into the defense sentencing submissions. We ask that you provide a draft report to counsel for review by January 20, 2026. We emphasize that our review of the draft is intended to identify any factual inaccuracies, ensure clarity of presentation, and confirm the completeness of the report's coverage of the relevant issues; we will not ask you to alter any of your clinical opinions or conclusions.

Coordination with Other Work Product. The final format and content of the report should be coordinated with the mitigation report being prepared by Dr. Sandra Oleander of Thornfield Mitigation Consulting LLC, who is conducting a separate comprehensive social history investigation on behalf of the defense. Dr. Oleander's work is expected to produce a detailed narrative of Ms. Fonseca's life history, including information gathered from interviews with family members, friends, colleagues, and community members. Your forensic psychiatric report and Dr. Oleander's mitigation report are intended to complement one another, and we will facilitate coordination between you and Dr. Oleander to avoid unnecessary duplication while ensuring comprehensive coverage. In addition, the report should be coordinated with the defense sentencing memorandum being prepared by the Calderwood & Harkness team, which consists of Conrad Ashby (Partner), Victoria Chambers (Partner), and Lisa Morrow (Senior Associate).

3.4 Testimony at Sentencing Hearing

You should be prepared and available to testify as an expert witness at the sentencing hearing, which is currently scheduled for March 6, 2026, before the Honorable Catherine M. Driscoll at the United States Courthouse, 350 West 1st Street, Los Angeles, California 90012. We will confirm the hearing date and any changes to the schedule as they arise.

Your testimony may include both direct examination by defense counsel regarding the findings set forth in your report and cross-examination by the government. The lead prosecutor in this matter is Assistant United States Attorney Brenda K. Tillotson, and her co-counsel is Assistant United States Attorney Derek R. Huang, both of the United States Attorney's Office for the Central District of California. We will schedule preparation sessions with you in advance of the sentencing hearing to review anticipated areas of examination and cross-examination and to ensure that you are fully prepared for your testimony.

We will provide you with reasonable advance notice of the hearing date and any scheduling changes. In the event that the sentencing hearing is continued to a later date, we ask that you remain available to testify on the rescheduled date, subject to your professional schedule.

4. Materials to Be Provided

Calderwood & Harkness will arrange to provide you with the following materials in connection with your evaluation, subject to applicable protective orders entered by the Court and the confidentiality protocols described in Section 7 of this letter:

(a) The Presentence Investigation Report ("PSR"), disclosed by United States Probation Officer Michael T. Brennan on November 3, 2025;

(b) The federal indictment, returned by the grand jury on April 10, 2024, and the verdict forms returned by the trial jury on September 18, 2025;

(c) Relevant trial transcripts from the proceedings of August 25, 2025, through September 18, 2025, including opening statements, closing arguments, and selected witness testimony as we deem relevant to your evaluation;

(d) Psychiatric and medical records from Dr. Elaine Varma and Pacific Mind Health Associates, as well as any records from other treating providers that can be obtained with appropriate authorizations;

(e) The social history investigation and mitigation report prepared by Dr. Sandra Oleander of Thornfield Mitigation Consulting LLC, when available;

(f) Character letters and declarations from family members, colleagues, and community members submitted in support of Ms. Fonseca (we anticipate receiving in excess of 40 such letters);

(g) Relevant financial records and background documents regarding Aurelia Pictures, Inc. and the Aurelia Foundation, a charitable organization founded by Ms. Fonseca, to the extent such materials provide context for your evaluation; and

(h) Any additional materials as mutually agreed upon between you and counsel.

We anticipate providing an initial set of materials to you within five business days of the execution of this letter, with additional materials provided on a rolling basis as they become available. If you identify additional categories of records or information that you require for your evaluation, please do not hesitate to contact me or Victoria Chambers, and we will make prompt efforts to obtain and provide such materials.

5. Coordination with Other Experts

Your work will be coordinated with the broader defense sentencing team, which includes, in addition to counsel, the following retained experts and consultants:

(a) Dr. Sandra Oleander of Thornfield Mitigation Consulting LLC (mitigation specialist), who is preparing a comprehensive social history and mitigation report based on an independent investigation that includes extensive interviews with Ms. Fonseca, her family members, friends, former colleagues, and community members;

(b) Dr. Priya Chandrasekaran of Westbridge University (economics expert), who has been retained to analyze the government's loss calculations and to provide an alternative economic analysis for the purpose of the defense's objections to the PSR's loss amount; and

(c) Peter Vassiliev, a Working Associate at Calderwood & Harkness, who is assessing the intellectual property assets of Aurelia Pictures, Inc. relevant to the overall financial picture, including the residual value of the company's film and television library and its impact on any restitution analysis.

You may be asked to consult directly with Dr. Oleander to ensure that your respective work products are complementary rather than duplicative. We believe that Dr. Oleander's detailed social history narrative will provide valuable context for your forensic psychiatric evaluation, and that your clinical findings and diagnostic impressions will, in turn, lend clinical depth and specificity to the mitigation picture presented by Dr. Oleander's report. We will facilitate introductions and coordinate any joint discussions as appropriate.

6. Fees and Billing

The following fee schedule shall apply to your services in connection with this retention:

Consultation and Report Preparation: $850.00 per hour, billed in increments of one-tenth of an hour (six-minute increments), for all time spent on clinical interviews with Ms. Fonseca, collateral interviews, review and analysis of records and materials, administration and interpretation of psychometric instruments, research, report drafting and revision, consultation with counsel and other defense experts, and all other professional services rendered in connection with the preparation of your forensic psychiatric evaluation and report.

Testimony: $8,000.00 per day for testimony at the sentencing hearing, which includes preparation on the day of testimony and actual time spent in court. In the event that testimony extends over more than one calendar day, the per diem rate shall apply to each additional day.

Travel Expenses: Reasonable and actual travel expenses shall be reimbursed at cost upon submission of appropriate documentation. Given the proximity of your Beverly Hills office to the United States Courthouse in downtown Los Angeles, we anticipate that travel expenses for the sentencing hearing will be minimal. In the event that any out-of-area travel is required, we ask that you obtain advance approval from counsel for any single travel expense exceeding $500.00.

Invoices should be submitted on a monthly basis to Calderwood & Harkness LLP, directed to the attention of Victoria Chambers, Billing Partner, at the address set forth in the letterhead of this letter. Each invoice should include a description of the services rendered, the date on which each service was performed, the time spent (in tenths of an hour), and the applicable rate. Payment will be made within thirty (30) days of receipt of each invoice (Net 30).

Calderwood & Harkness LLP, and not Ms. Fonseca individually, shall be responsible for the payment of your fees and expenses incurred in connection with this retention. You should direct all billing inquiries to Victoria Chambers.

7. Confidentiality and Privilege

All communications between you and Calderwood & Harkness LLP, and all materials prepared by you in connection with this retention, are intended to be protected by the attorney-client privilege and/or the work product doctrine. The substance of your evaluation, your preliminary findings, draft reports, notes, and all other work product generated in connection with this matter are confidential and privileged.

You shall not disclose any information regarding the evaluation, your findings, your opinions, or the contents of any materials provided to you by Calderwood & Harkness to any third party without the prior written consent of Calderwood & Harkness. This obligation extends to all forms of disclosure, whether oral, written, or electronic, and applies to disclosures to colleagues, staff, or any other person not authorized by counsel to receive such information.

We recognize that, in the event the defense elects to submit your report to the Court as an exhibit to the Sentencing Memorandum or to call you as a witness at the sentencing hearing, portions of the attorney-client privilege and/or work product protection may be waived as to the materials and opinions disclosed. We will advise you in advance of any decision to disclose your report or to call you as a witness, and we will discuss with you the implications of any such disclosure for the scope of waiver.

You shall maintain all case-related materials—including documents, records, electronic files, and notes—in a secure manner consistent with applicable professional and ethical standards, including the American Psychiatric Association's ethical guidelines and any applicable provisions of the Health Insurance Portability and Accountability Act ("HIPAA"), to the extent applicable.

8. Independence and Professional Obligations

You are retained as an independent expert, and you are expected to render opinions based solely on your professional judgment, your clinical expertise, and the facts as you find them through your evaluation. Nothing in this retention letter should be construed as directing you to reach any particular conclusion or to render any particular opinion. We value your independence and understand that your credibility as an expert witness depends upon the objectivity and integrity of your opinions.

You shall comply with all applicable ethical standards governing forensic psychiatric practice, including the ethical guidelines of the American Psychiatric Association and the American Academy of Psychiatry and the Law. In the event that your evaluation yields findings or conclusions that are not favorable to the defense's sentencing position, we ask that you communicate those findings to us candidly and promptly so that we may make informed decisions about the presentation of evidence at sentencing.

9. Term and Termination

This engagement commences on November 25, 2025, and shall continue through the completion of the sentencing hearing, currently scheduled for March 6, 2026, and any post-sentencing matters requiring your involvement, including but not limited to any proceedings on post-sentencing motions, unless earlier terminated as provided herein.

Either party may terminate this engagement upon written notice to the other party. In the event of termination, you will be compensated for all services rendered and all expenses properly incurred through the date of termination. Upon termination or completion of the engagement, all case-related materials, including documents, records, copies, and electronic files, shall be returned to Calderwood & Harkness LLP within thirty (30) days. You may retain copies of your own work notes and work product to the extent necessary to comply with applicable professional record-keeping obligations, subject to the continuing confidentiality obligations set forth in Section 7 of this letter.

10. Acceptance and Counterparts

We ask that you indicate your acceptance of the terms set forth in this letter by signing in the space provided below and returning a signed copy to my attention at the address set forth in the letterhead. An executed copy may be returned by hand delivery, mail, facsimile, or electronic transmission (PDF), and will be effective upon receipt.

This letter constitutes the entire agreement between Calderwood & Harkness LLP and Dr. Kenneth Whitmore regarding the terms of this retention and supersedes any prior oral or written communications regarding the subject matter hereof. This letter may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

We look forward to working with you on this matter. If you have any questions regarding the terms of this letter or any aspect of the engagement, please do not hesitate to contact me directly at (310) 556-8217 or by email at cashby@calderwoodharkness.com, or to contact Victoria Chambers at (310) 556-8234 or vchambers@calderwoodharkness.com.

Thank you for your willingness to assist in this important matter.

Very truly yours,

CALDERWOOD & HARKNESS LLP

By: ________

Conrad Ashby Partner, White Collar & Investigations Calderwood & Harkness LLP 2029 Century Park East, Suite 3300 Los Angeles, California 90067 Telephone: (310) 556-8217

Email: cashby@calderwoodharkness.com

ACCEPTANCE

ACCEPTED AND AGREED as of the date set forth below:

________________________________________

Dr. Kenneth Whitmore, M.D. 9401 Wilshire Boulevard, Suite 760 Beverly Hills, California 90212

Date: ________

cc: Victoria Chambers, Calderwood & Harkness LLP cc: Dr. Sandra Oleander, Thornfield Mitigation Consulting LLC (to be sent upon execution of this letter)

CALDERWOOD & HARKNESS LLP Attorneys at Law 2029 Century Park East, Suite 3300 Los Angeles, California 90067 Telephone: (310) 556-8200 Facsimile: (310) 556-8201
November 25, 2025
PRIVILEGED & CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGED ATTORNEY WORK PRODUCT
Dr. Kenneth Whitmore, M.D. 9401 Wilshire Boulevard, Suite 760 Beverly Hills, California 90212
Re: Retention as Forensic Psychiatric Expert — United States v. Marguerite D. Fonseca, Case No. 2:24-cr-00583-CMD, United States District Court for the Central District of California, before the Honorable Catherine M. Driscoll
Dear Dr. Whitmore:
1. Introduction and Engagement Overview
I am Conrad Ashby, a Partner in the White Collar & Investigations practice of Calderwood & Harkness LLP. I write on behalf of the firm and our client, Marguerite D. Fonseca, to formally confirm the terms of your retention as a forensic psychiatric expert in support of the defense's sentencing advocacy in the above-captioned matter. We appreciate the time you took to discuss this matter with me during our telephone conference on November 21, 2025, and during our in-person meeting at your Beverly Hills office on November 22, 2025, and we are pleased that you have expressed a willingness to undertake this engagement.
Calderwood & Harkness LLP represents Ms. Fonseca in connection with her sentencing in the criminal case United States v. Marguerite D. Fonseca, Case No. 2:24-cr-00583-CMD, currently pending before the Honorable Catherine M. Driscoll in the United States District Court for the Central District of California. Ms. Fonseca is 52 years of age and is the founder and former Chief Executive Officer of Aurelia Pictures, Inc., a Los Angeles-based independent film and television production company.
On September 18, 2025, following a three-week jury trial that commenced on August 25, 2025, Ms. Fonseca was convicted on four counts of wire fraud in violation of 18 U.S.C. § 1343, two counts of money laundering in violation of 18 U.S.C. § 1956(a)(1)(B)(i), and one count of conspiracy to commit wire fraud in violation of 18 U.S.C. § 1371. The sentencing hearing is currently scheduled for March 6, 2026, before the Honorable Catherine M. Driscoll.
Calderwood & Harkness was engaged on November 12, 2025, to represent Ms. Fonseca for sentencing purposes. Trial counsel was Harrison J. Kerrigan of Kerrigan & Wolfe LLP, who represented Ms. Fonseca from the pre-indictment stage through the conclusion of trial. Our firm's engagement is limited to sentencing and any related post-sentencing proceedings.
The Presentence Investigation Report ("PSR") was disclosed to the parties on November 3, 2025, by United States Probation Officer Michael T. Brennan. The advisory United States Sentencing Guidelines range calculated by the Probation Office is 108 to 135 months of imprisonment, based on a Total Offense Level of 31 and a Criminal History Category of I. The defense is developing a comprehensive sentencing mitigation strategy and intends to seek a sentence substantially below the advisory Guidelines range. As you know, under United States v. Booker, 543 U.S. 220 (2005), and its progeny, the advisory Guidelines range serves as a starting point for the Court's sentencing analysis, but the Court retains broad discretion under 18 U.S.C. § 3553(a) to impose a sentence that is sufficient but not greater than necessary to achieve the statutory purposes of sentencing.
This letter confirms the terms and conditions of your retention as a forensic psychiatric expert in support of our sentencing advocacy on behalf of Ms. Fonseca. We ask that you review this letter carefully and, if the terms are acceptable, execute the acceptance provision at the conclusion of this letter and return a signed copy to our office.
2. Background on the Client and the Case
To provide you with the context necessary for your evaluation, the following is a summary of relevant background information concerning Ms. Fonseca and the underlying case. Additional detail will be provided through the materials described in Section 4 of this letter, as well as through your own clinical evaluation.
Personal History. Marguerite D. Fonseca was born in Sacramento, California, to immigrant parents from the Philippines. Her father, Renato Fonseca, and her mother, Corazon Fonseca, emigrated from Quezon City, Philippines, to the United States in the early 1970s. Ms. Fonseca grew up in the Del Paso Heights neighborhood of Sacramento, a community that, during her childhood, was characterized by significant economic disadvantage. Ms. Fonseca is a first-generation college graduate and the first member of her family to obtain an advanced degree.
Education. Ms. Fonseca earned a Bachelor of Arts degree in Film & Digital Media from the University of California, Santa Cruz, in 1995. She subsequently earned a Master of Fine Arts degree in Film Production from the American Film Institute in 1998.
Professional Achievements. Following her graduate education, Ms. Fonseca built Aurelia Pictures, Inc. (California Secretary of State Entity No. C3276451, incorporated March 14, 2009), from a one-person operation into a company that, over a 15-year period, produced 23 feature films and 6 limited television series, generating cumulative gross revenues of approximately $312 million. Aurelia Pictures was widely recognized within the entertainment industry for producing culturally significant content, including films that amplified underrepresented voices and stories in American cinema. Ms. Fonseca's professional trajectory represents a remarkable story of achievement by a first-generation Filipina-American woman in an industry where such representation has historically been limited.
Criminal History. Ms. Fonseca has no prior criminal history of any kind. She has never previously been arrested, charged with, or convicted of any criminal offense.
The Charged Conduct. The conduct underlying the charges of conviction occurred from approximately January 2018 through December 2022. The government alleged, and the jury found, that Ms. Fonseca engaged in a scheme involving inflated production budgets, fraudulent tax credit applications submitted to the California Film Commission, and misappropriation of funds from investors in various Aurelia Pictures film and television projects. The government alleges a total loss amount of approximately $14.7 million. The defense contests this loss figure and intends to challenge it through objections to the PSR and through expert testimony at sentencing. We note that the loss amount is a significant driver of the advisory Guidelines range, and the defense believes the government's loss calculation substantially overstates the actual economic harm.
Current Status. Ms. Fonseca is currently released on a $2.5 million secured bond and resides at 1847 Mulholland Terrace, Los Angeles, California 90068. She is subject to the standard conditions of release imposed by the Court, including travel restrictions.
Family and Caregiving Responsibilities. Ms. Fonseca is the mother of two minor children: Elena Fonseca, age 17, and Marco Fonseca, age 14. Both children reside with Ms. Fonseca at the Mulholland Terrace residence. Ms. Fonseca was divorced from Alejandro Fonseca in 2019, and she has been the primary residential parent since the date of the divorce. In addition to her two minor children, Ms. Fonseca is the sole caretaker for her elderly mother, Corazon Fonseca, age 79, who was diagnosed with early-stage Alzheimer's disease in 2024 and who also resides with Ms. Fonseca at the Mulholland Terrace residence. Ms. Fonseca's caregiving responsibilities—for both her minor children and her aging, cognitively declining mother—are of central importance to the defense sentencing strategy and are a subject matter on which we will seek your expert opinion.
3. Scope of Retention and Services
The scope of your retention encompasses the following areas of work. We anticipate that you will exercise your independent professional judgment in determining the specific clinical methodology appropriate for this evaluation, and we welcome your recommendations regarding any additional areas of inquiry that you believe would be clinically appropriate.
3.1 Forensic Psychiatric Evaluation
You are retained to conduct a comprehensive forensic psychiatric evaluation of Ms. Fonseca. The evaluation should include, at minimum, the following components:
(a) Clinical Interviews. Multiple clinical interview sessions with Ms. Fonseca, conducted in person at a mutually convenient location, of sufficient number and duration as you deem clinically necessary to complete a thorough evaluation. Based on our preliminary discussions, we anticipate that this will require at least three to four sessions of approximately two to three hours each, though we defer to your professional judgment as to the number and duration of sessions required.
(b) Review of Psychiatric and Medical Records. A thorough review of all relevant psychiatric and medical records pertaining to Ms. Fonseca, including but not limited to records from her treating psychiatrist, Dr. Elaine Varma of Pacific Mind Health Associates, and any other treating clinicians whose records can be obtained.
(c) Psychometric Instruments and Standardized Assessment Tools. Administration of appropriate psychometric instruments and standardized assessment tools as you deem clinically appropriate for the evaluation. We leave the selection of specific instruments to your professional judgment.
(d) Collateral Interviews. Collateral interviews, as appropriate, with family members and treating clinicians. Potential collateral interview subjects include Corazon Fonseca (Ms. Fonseca's mother), Elena Fonseca (Ms. Fonseca's 17-year-old daughter), and Marco Fonseca (Ms. Fonseca's 14-year-old son), as well as Dr. Elaine Varma and any other treating providers. All collateral interviews with family members shall be conducted subject to prior coordination with counsel, and we will arrange for the necessary scheduling and consents.
3.2 Specific Areas of Inquiry
We ask that your evaluation address the following specific areas of inquiry, each of which is relevant to the defense's sentencing advocacy under 18 U.S.C. § 3553(a):
Existing Psychiatric Diagnoses. Ms. Fonseca has been diagnosed with Major Depressive Disorder ("MDD"), initially diagnosed in 2017, and Generalized Anxiety Disorder ("GAD"), diagnosed in 2019. Both diagnoses were made by her treating psychiatrist, Dr. Elaine Varma, M.D., of Pacific Mind Health Associates, located at 1200 Wilshire Boulevard, Suite 300, Los Angeles, California 90017. We ask that you independently evaluate these diagnoses, confirm or refine them as clinically appropriate, and assess the severity and course of these conditions over the relevant time period, including the period of the charged conduct (January 2018 through December 2022) and the period from the initiation of the criminal proceedings through the present.
Current Treatment Regimen. Ms. Fonseca is currently prescribed sertraline 100mg daily by Dr. Varma and participates in weekly individual psychotherapy. We ask that you evaluate the adequacy and appropriateness of Ms. Fonseca's current psychiatric treatment regimen and make any recommendations for ongoing or additional care, including any treatment that you believe should be in place regardless of the sentencing outcome.
Contextual Stressors and Precipitating Factors. The defense believes that several significant life stressors contributed to the onset and exacerbation of Ms. Fonseca's mental health conditions and are temporally linked to the period of the charged conduct (January 2018 through December 2022). We ask that you carefully evaluate the following stressors, their impact on Ms. Fonseca's psychological functioning, and their temporal relationship to the charged conduct:
(i) Death of Renato Fonseca (2016). Ms. Fonseca's father, Renato Fonseca, passed away in 2016 after a prolonged illness. His death preceded the onset of the charged conduct and coincided with the initial diagnosis of Major Depressive Disorder in 2017. We believe this loss was profoundly significant to Ms. Fonseca, given her close relationship with her father, his role as a foundational figure in her life, and the cultural significance of family in the Filipino-American community.
(ii) Contentious Divorce (2019). Ms. Fonseca's divorce from Alejandro Fonseca was finalized in 2019 following a protracted and contentious proceeding. The divorce coincided with the diagnosis of Generalized Anxiety Disorder and occurred during the middle of the charged conduct period. Ms. Fonseca assumed primary responsibility for her two minor children in the wake of the divorce.
(iii) Professional and Financial Pressures. During the charged conduct period, Ms. Fonseca was managing Aurelia Pictures during a period of significant financial stress. This included managing complex investor relationships with entities such as Brindoval Investors Group LP and Lakeshore Capital Partners LLC, as well as maintaining a revolving credit facility with Pacific Meridian Bank, N.A. The financial pressures on the company and on Ms. Fonseca personally were considerable during this period.
(iv) Mother's Alzheimer's Diagnosis (2024). Ms. Fonseca's mother, Corazon Fonseca, was diagnosed with early-stage Alzheimer's disease in 2024. Although this diagnosis postdates the charged conduct period, it is relevant to Ms. Fonseca's current mental health status, her caregiving burden, and the potential impact of incarceration on her dependents. Ms. Fonseca has assumed sole caretaking responsibilities for her mother.
Nexus Between Mental Health and Charged Conduct. We ask that you evaluate and opine on the relationship, if any, between Ms. Fonseca's psychiatric conditions and the contextual stressors described above, on the one hand, and the charged conduct, on the other. Specifically, the defense seeks to present evidence that Ms. Fonseca's mental health deterioration during the period from 2017 forward was a contributing factor in her decision-making during the offense period. We believe that this evidence is directly relevant to mitigation under 18 U.S.C. § 3553(a)(1), which directs the Court to consider "the nature and circumstances of the offense and the history and characteristics of the defendant." We recognize that the existence of a psychiatric diagnosis does not excuse criminal conduct, and we are not asking you to suggest otherwise; rather, we seek your honest assessment of whether and to what extent Ms. Fonseca's mental health conditions contextually contributed to or influenced the behavior at issue.
Personal History and Developmental Factors. We ask that you consider Ms. Fonseca's personal history and characteristics as part of a comprehensive biopsychosocial assessment. Relevant aspects of her personal history include, but are not limited to: her upbringing in poverty in Sacramento's Del Paso Heights neighborhood; her role, beginning at approximately age 12, as a caretaker for her chronically ill mother; her first-generation immigrant background and the cultural values and expectations associated with that background; and her educational and professional achievements, which represent a trajectory of resilience and determination in the face of significant adversity. We understand that these developmental factors may be relevant to your diagnostic formulation and to your overall assessment of Ms. Fonseca as a person.
Current Mental Health Status and Impact of Proceedings. We ask that you assess Ms. Fonseca's current psychological functioning, including the impact of the criminal proceedings, the trial, the conviction, and the pending sentencing on her mental health. We also ask that you provide your prognosis for Ms. Fonseca's mental health going forward, including any treatment recommendations.
Caregiving Impact Assessment. We ask that you address the potential psychological impact on Ms. Fonseca and on her dependents—Corazon Fonseca, Elena Fonseca, and Marco Fonseca—of a lengthy term of incarceration. This area of inquiry is relevant to the Court's consideration of the sentencing factors under 18 U.S.C. § 3553(a), and we believe that your expert opinion on the psychological impact of Ms. Fonseca's potential incarceration on her family will be a significant component of the sentencing presentation.
3.3 Written Expert Report
Upon completion of your evaluation, you shall prepare a comprehensive written forensic psychiatric report suitable for submission to the Court as an exhibit to the Defendant's Sentencing Memorandum. The report should set forth, in a manner accessible to a lay judicial audience, the following:
(a) Your professional qualifications and experience, including your credentials, areas of specialization, and prior experience in forensic psychiatric evaluations conducted for sentencing purposes in federal criminal cases.
(b) A description of the methodology employed in your evaluation, including the dates and duration of clinical interviews, the psychometric instruments administered, the records and materials reviewed, and any collateral interviews conducted.
(c) Your clinical findings, including a detailed discussion of Ms. Fonseca's psychiatric history, the onset and course of her diagnoses, the relevant contextual stressors, and her current mental health status.
(d) Your diagnostic impressions, including confirmation, refinement, or revision of existing diagnoses and any additional diagnoses, rendered in accordance with the current Diagnostic and Statistical Manual of Mental Disorders (DSM-5-TR).
(e) Your expert opinions on the matters described in Section 3.2 of this letter, including the nexus between Ms. Fonseca's mental health conditions and the charged conduct, and the potential caregiving and psychological impact of incarceration.
(f) Any treatment recommendations you deem appropriate.
Timeline for the Report. The final report should be completed and delivered to Calderwood & Harkness no later than January 31, 2026, to permit timely incorporation into the defense sentencing submissions. We ask that you provide a draft report to counsel for review by January 20, 2026. We emphasize that our review of the draft is intended to identify any factual inaccuracies, ensure clarity of presentation, and confirm the completeness of the report's coverage of the relevant issues; we will not ask you to alter any of your clinical opinions or conclusions.
Coordination with Other Work Product. The final format and content of the report should be coordinated with the mitigation report being prepared by Dr. Sandra Oleander of Thornfield Mitigation Consulting LLC, who is conducting a separate comprehensive social history investigation on behalf of the defense. Dr. Oleander's work is expected to produce a detailed narrative of Ms. Fonseca's life history, including information gathered from interviews with family members, friends, colleagues, and community members. Your forensic psychiatric report and Dr. Oleander's mitigation report are intended to complement one another, and we will facilitate coordination between you and Dr. Oleander to avoid unnecessary duplication while ensuring comprehensive coverage. In addition, the report should be coordinated with the defense sentencing memorandum being prepared by the Calderwood & Harkness team, which consists of Conrad Ashby (Partner), Victoria Chambers (Partner), and Lisa Morrow (Senior Associate).
3.4 Testimony at Sentencing Hearing
You should be prepared and available to testify as an expert witness at the sentencing hearing, which is currently scheduled for March 6, 2026, before the Honorable Catherine M. Driscoll at the United States Courthouse, 350 West 1st Street, Los Angeles, California 90012. We will confirm the hearing date and any changes to the schedule as they arise.
Your testimony may include both direct examination by defense counsel regarding the findings set forth in your report and cross-examination by the government. The lead prosecutor in this matter is Assistant United States Attorney Brenda K. Tillotson, and her co-counsel is Assistant United States Attorney Derek R. Huang, both of the United States Attorney's Office for the Central District of California. We will schedule preparation sessions with you in advance of the sentencing hearing to review anticipated areas of examination and cross-examination and to ensure that you are fully prepared for your testimony.
We will provide you with reasonable advance notice of the hearing date and any scheduling changes. In the event that the sentencing hearing is continued to a later date, we ask that you remain available to testify on the rescheduled date, subject to your professional schedule.
4. Materials to Be Provided
Calderwood & Harkness will arrange to provide you with the following materials in connection with your evaluation, subject to applicable protective orders entered by the Court and the confidentiality protocols described in Section 7 of this letter:
(a) The Presentence Investigation Report ("PSR"), disclosed by United States Probation Officer Michael T. Brennan on November 3, 2025;
(b) The federal indictment, returned by the grand jury on April 10, 2024, and the verdict forms returned by the trial jury on September 18, 2025;
(c) Relevant trial transcripts from the proceedings of August 25, 2025, through September 18, 2025, including opening statements, closing arguments, and selected witness testimony as we deem relevant to your evaluation;
(d) Psychiatric and medical records from Dr. Elaine Varma and Pacific Mind Health Associates, as well as any records from other treating providers that can be obtained with appropriate authorizations;
(e) The social history investigation and mitigation report prepared by Dr. Sandra Oleander of Thornfield Mitigation Consulting LLC, when available;
(f) Character letters and declarations from family members, colleagues, and community members submitted in support of Ms. Fonseca (we anticipate receiving in excess of 40 such letters);
(g) Relevant financial records and background documents regarding Aurelia Pictures, Inc. and the Aurelia Foundation, a charitable organization founded by Ms. Fonseca, to the extent such materials provide context for your evaluation; and
(h) Any additional materials as mutually agreed upon between you and counsel.
We anticipate providing an initial set of materials to you within five business days of the execution of this letter, with additional materials provided on a rolling basis as they become available. If you identify additional categories of records or information that you require for your evaluation, please do not hesitate to contact me or Victoria Chambers, and we will make prompt efforts to obtain and provide such materials.
5. Coordination with Other Experts
Your work will be coordinated with the broader defense sentencing team, which includes, in addition to counsel, the following retained experts and consultants:
(a) Dr. Sandra Oleander of Thornfield Mitigation Consulting LLC (mitigation specialist), who is preparing a comprehensive social history and mitigation report based on an independent investigation that includes extensive interviews with Ms. Fonseca, her family members, friends, former colleagues, and community members;
(b) Dr. Priya Chandrasekaran of Westbridge University (economics expert), who has been retained to analyze the government's loss calculations and to provide an alternative economic analysis for the purpose of the defense's objections to the PSR's loss amount; and
(c) Peter Vassiliev, a Working Associate at Calderwood & Harkness, who is assessing the intellectual property assets of Aurelia Pictures, Inc. relevant to the overall financial picture, including the residual value of the company's film and television library and its impact on any restitution analysis.
You may be asked to consult directly with Dr. Oleander to ensure that your respective work products are complementary rather than duplicative. We believe that Dr. Oleander's detailed social history narrative will provide valuable context for your forensic psychiatric evaluation, and that your clinical findings and diagnostic impressions will, in turn, lend clinical depth and specificity to the mitigation picture presented by Dr. Oleander's report. We will facilitate introductions and coordinate any joint discussions as appropriate.
6. Fees and Billing
The following fee schedule shall apply to your services in connection with this retention:
Consultation and Report Preparation: $850.00 per hour, billed in increments of one-tenth of an hour (six-minute increments), for all time spent on clinical interviews with Ms. Fonseca, collateral interviews, review and analysis of records and materials, administration and interpretation of psychometric instruments, research, report drafting and revision, consultation with counsel and other defense experts, and all other professional services rendered in connection with the preparation of your forensic psychiatric evaluation and report.
Testimony: $8,000.00 per day for testimony at the sentencing hearing, which includes preparation on the day of testimony and actual time spent in court. In the event that testimony extends over more than one calendar day, the per diem rate shall apply to each additional day.
Travel Expenses: Reasonable and actual travel expenses shall be reimbursed at cost upon submission of appropriate documentation. Given the proximity of your Beverly Hills office to the United States Courthouse in downtown Los Angeles, we anticipate that travel expenses for the sentencing hearing will be minimal. In the event that any out-of-area travel is required, we ask that you obtain advance approval from counsel for any single travel expense exceeding $500.00.
Invoices should be submitted on a monthly basis to Calderwood & Harkness LLP, directed to the attention of Victoria Chambers, Billing Partner, at the address set forth in the letterhead of this letter. Each invoice should include a description of the services rendered, the date on which each service was performed, the time spent (in tenths of an hour), and the applicable rate. Payment will be made within thirty (30) days of receipt of each invoice (Net 30).
Calderwood & Harkness LLP, and not Ms. Fonseca individually, shall be responsible for the payment of your fees and expenses incurred in connection with this retention. You should direct all billing inquiries to Victoria Chambers.
7. Confidentiality and Privilege
All communications between you and Calderwood & Harkness LLP, and all materials prepared by you in connection with this retention, are intended to be protected by the attorney-client privilege and/or the work product doctrine. The substance of your evaluation, your preliminary findings, draft reports, notes, and all other work product generated in connection with this matter are confidential and privileged.
You shall not disclose any information regarding the evaluation, your findings, your opinions, or the contents of any materials provided to you by Calderwood & Harkness to any third party without the prior written consent of Calderwood & Harkness. This obligation extends to all forms of disclosure, whether oral, written, or electronic, and applies to disclosures to colleagues, staff, or any other person not authorized by counsel to receive such information.
We recognize that, in the event the defense elects to submit your report to the Court as an exhibit to the Sentencing Memorandum or to call you as a witness at the sentencing hearing, portions of the attorney-client privilege and/or work product protection may be waived as to the materials and opinions disclosed. We will advise you in advance of any decision to disclose your report or to call you as a witness, and we will discuss with you the implications of any such disclosure for the scope of waiver.
You shall maintain all case-related materials—including documents, records, electronic files, and notes—in a secure manner consistent with applicable professional and ethical standards, including the American Psychiatric Association's ethical guidelines and any applicable provisions of the Health Insurance Portability and Accountability Act ("HIPAA"), to the extent applicable.
8. Independence and Professional Obligations
You are retained as an independent expert, and you are expected to render opinions based solely on your professional judgment, your clinical expertise, and the facts as you find them through your evaluation. Nothing in this retention letter should be construed as directing you to reach any particular conclusion or to render any particular opinion. We value your independence and understand that your credibility as an expert witness depends upon the objectivity and integrity of your opinions.
You shall comply with all applicable ethical standards governing forensic psychiatric practice, including the ethical guidelines of the American Psychiatric Association and the American Academy of Psychiatry and the Law. In the event that your evaluation yields findings or conclusions that are not favorable to the defense's sentencing position, we ask that you communicate those findings to us candidly and promptly so that we may make informed decisions about the presentation of evidence at sentencing.
9. Term and Termination
This engagement commences on November 25, 2025, and shall continue through the completion of the sentencing hearing, currently scheduled for March 6, 2026, and any post-sentencing matters requiring your involvement, including but not limited to any proceedings on post-sentencing motions, unless earlier terminated as provided herein.
Either party may terminate this engagement upon written notice to the other party. In the event of termination, you will be compensated for all services rendered and all expenses properly incurred through the date of termination. Upon termination or completion of the engagement, all case-related materials, including documents, records, copies, and electronic files, shall be returned to Calderwood & Harkness LLP within thirty (30) days. You may retain copies of your own work notes and work product to the extent necessary to comply with applicable professional record-keeping obligations, subject to the continuing confidentiality obligations set forth in Section 7 of this letter.
10. Acceptance and Counterparts
We ask that you indicate your acceptance of the terms set forth in this letter by signing in the space provided below and returning a signed copy to my attention at the address set forth in the letterhead. An executed copy may be returned by hand delivery, mail, facsimile, or electronic transmission (PDF), and will be effective upon receipt.
This letter constitutes the entire agreement between Calderwood & Harkness LLP and Dr. Kenneth Whitmore regarding the terms of this retention and supersedes any prior oral or written communications regarding the subject matter hereof. This letter may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
We look forward to working with you on this matter. If you have any questions regarding the terms of this letter or any aspect of the engagement, please do not hesitate to contact me directly at (310) 556-8217 or by email at cashby@calderwoodharkness.com, or to contact Victoria Chambers at (310) 556-8234 or vchambers@calderwoodharkness.com.
Thank you for your willingness to assist in this important matter.
Very truly yours,
CALDERWOOD & HARKNESS LLP
By: ________
Conrad Ashby Partner, White Collar & Investigations Calderwood & Harkness LLP 2029 Century Park East, Suite 3300 Los Angeles, California 90067 Telephone: (310) 556-8217
Email: cashby@calderwoodharkness.com
ACCEPTANCE
ACCEPTED AND AGREED as of the date set forth below:
________________________________________
Dr. Kenneth Whitmore, M.D. 9401 Wilshire Boulevard, Suite 760 Beverly Hills, California 90212
Date: ________
cc: Victoria Chambers, Calderwood & Harkness LLP cc: Dr. Sandra Oleander, Thornfield Mitigation Consulting LLC (to be sent upon execution of this letter)

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