DECLARATION OF MATHIDLE KRIM I, DR. MATHILDE KRIM, do hereby declare as follows: 1. I'm the Chairman of the Board and Co-Founder of the American Foundation for AIDS Research, commonly known as AmFar. 2. In 1983 I was the Head of the Interferon Laboratory at the Memorial Sloan-Kettering Cancer Center in New York. At that time, research scientists like myself had begun to be involved in research on AIDS. 3. In 1983 one of the other New York City scientists researching AIDS was Joseph A. Sonnabend, M.D. Dr. Sonnabend was a virologist and microbiologist who specialized in infectious diseases, particularly sexually transmitted diseases. 4. Myself, Dr. Sonnabend, and at least a dozen other leading medical researchers in New York City, decided to form a private, not-for-profit, medical foundation to undertake research into AIDS supported by private donations. We wanted to concentrate on developing early diagnosis, determining what causes AIDS and finding a successful treatment. 5. Dr. Sonnabend introduced me to two attorneys that he knew, Graham E. Berry and Frank Hoffey. Berry and Hoffey were partners in a law firm at 10 East 13th Street, Suite LD, New York City. 6. I recall Dr. Sonnabend telling me at that time that Berry and Hoffey were representing him in a legal matter. In addition, Hoffey, and possibly Berry, were also patients of Dr. Sonnabend. 7. Because of Dr. Sonnabend's relationship with Berry and Hoffey, we decided to use their firm to prepare the foundation's incorporation papers. Berry actually drew up and signed the Certificate of Incorporation papers while Hoffey was the one who notarized Berry's signature. Berry listed himself, Hoffey and myself as the initial directors of the foundation. Berry didn't list any of the foundation's scientists as Directorys because it was hoped that, in the future, they would be supported in their work by funds raised by the foundation for their research and any appearance of a conflict of interest was to be avoided. 8. Berry signed the Certificate of Incorporation for A.I.D. Medical Foundation on March 22, 1983. 9. I was the A.I.D. Medical Foundation's first Chairman of the Board. Dr. Sonnabend was its Chief of Research. Neither Berry no Hoffey were involved in the day-to-day operations of the Foundation. They were merely the attorneys selected by Dr. Sonnabend and myself to draw up the Foundation's incorporation papers. 10. On, or about June 20, 1983, the name of the Foundation was changed to A.I.D.S. Medical Foundation. I was listed as its Chairman and Berry as its Secretary. The Foundation's address on the Proposed Certificate of Amendment was listed as AIDS Medical Foundation, 1340 Murray Hill Station, New York, New York 10156. 11. Eventually, Dr. Sonnabend and I had to fire Hoffey because his alcoholism negatively affected the operations of A.I.D.S. Medical Foundation. (Two or three years after the Foundation was formed, Hoffey died of A.I.D.S.) 12. After Hoffey was fired, Berry unsuccessfully attempted to oust me from my position as Chairman of the Board of the Foundation and to oust Dr. Sonnabend from his position as Chief of Research. What began as a friendly relationship between Berry and I quickly turned very ugly. Berry became very obnoxious and aggressive towards me. Berry acted very nervous at times and even threatened me. Berry thourght he could push me around and treated me without respect. 13. I discussed the matter with my husband, Arthur B. Krim. Arthur, before he passed away, was an attorney and a partner in the New York City law firm of Phillips, Nizer, Benjamin, Krim and Ballon. I recall I brought in a senior partner of the firm, Eugene Kline, to straighten out Berry. The matter resolved when I asked Berry for and received his resignation. 14. On September 21, 1985 the AIDS Medical Foundation come to an agreement with the National Foundation for AIDS Research to unify opeations under the name of the American Foundation for AIDS Research (AmFAR). I have served as Chairman of the Board of AmFAR since 1991. 15. Graham Berry has never been involved in AmFAR at anytime. Any assertions of insinuations that he has are simply not true. 16. I recall on one occasion Graham Berry introduced me to Andrew Crispo, a New York City art dealer. I felt that Crispo was an unsavory character. It was later alleged by the press that Crispo was involved in a brutal sadistic murder of a homosexual fashion model. The previous statements are true and correct and to the best of my knowledge. Signed under the penalty of perjury of the laws of the State of New York and the laws of the United States of America this 4th day of February 1997 in New York City, New York. (Signed) MATHILDE KRIM, PH.D.