SMYSER KAPLAN & VESELKA, L.L.P.

717 TEXAS AVENUE ∙ SUITE 2800 ∙ HOUSTON, TEXAS 77002-2761

TELEPHONE 713.221.2300 ∙ WWW.SKV.COM

Direct Dial Number: Author's E-mail Address:

(713) 221-2334 dball@skv.com

July 10, 2020

Sent via Certified Mail Return Receipt Requested;

various Email Addresses; and WhatsApp

Mr. Marvin Autry

1414 Mockingbird Lane
Beeville, Texas 78102

Mr. Marvin Autry

21322 Cypress River Oak Drive
Cypress, Texas 77433

Mr. Marvin Autry

7600 West Summer Sky Drive
Tucson, Arizona 85743

Mr. Marvin Autry

c/o Trojan Pipe, LLC
401 E. Corpus Christi Street
Beeville, Texas 78102

Re: Cease and Desist Defamatory Statements and Conduct against Lester Toledo

Dear Mr. Autry:

Smyser Kaplan & Veselka, LLP represents Lester Toledo in connection with the above-
referenced matter. Please direct all future correspondence to me.

Our investigation into your conduct has revealed that you have willfully made false,
disparaging, and defamatory statements to media outlets and on social media about Mr. Toledo
and his role as Commissioner of the Humanitarian Aid Plan of the Venezuelan Government.
Such statements include, but are not limited to, the following:

• You falsely accused Mr. Toledo of stealing $25,000 you donated to cover the costs of
shipping medical supplies and other humanitarian aid to Venezuela. These false
statements were published by reporter Darwin Chavez in an article dated June 10,
2020.

987388.1.doc
Mr. Lester Toledo
July 10, 2020
Page 2
_________________

• You made similar false statements during an interview with reporter Maibort Petit,
which was streamed live on YouTube on June 24, 2020. During this interview, you
also falsely claimed that the medical supplies and other humanitarian aid had not yet
been shipped to Venezuela and remained in Houston, and you invited the public to
come view the supplies.

Your defamatory statements, which intentionally cast Mr. Toledo as dishonest,

irresponsible, and self-serving at the expense of the Venezuelan people, are without merit and
have caused irreparable injury to Mr. Toledo’s reputation both in the United States and
throughout Latin America. Your defamatory statements further have hindered Mr. Toledo’s
ability to continue raising funding for humanitarian efforts in Venezuela.

In addition to harming Mr. Toledo’s reputation, your defamatory statements that we have
obtained to date provide grounds for several causes of action under Texas law, and Mr. Toledo
currently is weighing his options to recover for the intentional harm you have caused to his
reputation and professional affairs. However, it is Mr. Toledo’s hope that this matter can be
resolved without the need for litigation.

Accordingly, Mr. Toledo demands that within five (5) business days of receipt of this
letter, you (1) provide written confirmation that you will cease and desist from any further
defamatory or disparaging remarks about Mr. Toledo, (2) remove every post you have made
about Mr. Toledo from the Internet, including on social media, and provide written confirmation
of same, and (3) publicly acknowledge that your statements about Mr. Toledo were made in error
and provide proof of same. Should you fail to comply with these requests, Mr. Toledo will seek
all available legal remedies against you, including seeking substantial monetary damages and
injunctive relief.

Thank you for your attention to this matter. If you have any questions, please contact me
directly at (713) 221-2334.

Sincerely,

Dane Ball

Lee Kaplan
(713) 221-2323
lkaplan@skv.com

Jacquelyn Rex
(713) 221-2303
jrex@skv.com

Attorneys for Lester Toledo

DB:mp
987388.1.doc