Epstein Secrets

, 2003 Agreement - relating to Zwirn's transition out of direct employment by Highbridge to serving as investment advisor of all of the Funds and a Highbridge managed account. See Harry Susman's brief Memo regarding this agreement which is attached. • As of January 1, 2004 Advisory Agreement, effectuatin

ii) retain brokers and borrow money on behalf of the Fund. • August 1, 2003 Agreement - relating to Zwirn's transition out of direct employment by Highbridge to serving as investment advisor of all of the Funds and a Highbridge managed account. See Harry Susman's brief Memo regarding this agreement which

ment is dated as of January 1, 2004, but makes some reference to Highbridge sale, so we believe and Davis Polk confirms it was signed later (though Davis Polk could or would not say when). Advisory Agreement contains provisions similar to those provided in August 1, 2003 1 EFTA00722296 employment/trans

on the incentive fee portion of the fee). Agreement is dated as of January 1, 2004, but makes some reference to Highbridge sale, so we believe and Davis Polk confirms it was signed later (though Davis Polk could or would not say when). Advisory Agreement contains provisions similar to those provided in A

. Zwirn probably is one of three or four 5 different pockets. 11:06:13 6 Q. When you say "allocate," were you 7 allocating to pockets of the Highbridge funds? 8 A. As well as other hedge funds. 9 Q. And you were asking his general advice 10 on what he thought might be a good place to put 11:

under 9 management. 10 So one of the great -- the biggest 11:13:30 11 pieces was the fact that it already had 500 or so 12 or 600 million of Highbridge's money being managed 13 by Dan. 14 Q. Let me be clear about what I'm asking. 15 I'm -- 11:13:42 16 A. You're asking about investment 17

this on the advice of -- 19 A. When you say "outside counsel," my 20 outside counsel? 02:18:14 21 Q. Yes, your outside counsel? 22 A. Not Davis Polk or anybody else who was 23 I think somebody else. The answer is no. 24 Q. Let's start with your outside counsel. 25 A. I don't think so. 02:

said, Based on advice of counsel. 11:51:35 16 I said -- which gave me more pause 17 because I said, Whose counsel? He said, Harry 18 Davis of Davis Polk. I said, Are they the fund's 19 counsel, the CFO's counsel, or your personal 20 counsel, now that I had my antenna up that there 11:51:53 21 w

ortunities Fund II( ASSIGNED FROM FTC) 2. DB Zwim Special Opportunities Funds Investor Communication 3. Bear Steams Bank Account EFTA00300521 4. Highbridge DB Zwim Miscellaneous a. DRAFT of Settlement Agreement b. Fund Organization 2002 and 2005 c. Zwim Article November 2008 Zwirn Miscellaneous -Hig

(Missing as of Jan. 28, 2010) Consent to May 2005 Amend (Missing as of Jan. 28, 2010) Jan 11, 2005 Amendment Drafts re: Meeting w/Mike Carroll of Davis Polk (Missing as of Jan. 28, 2010) Dubin Memo to DKI re: Zwirn Liquidity (Missing as of Jan. 28, 2010) DBZ Feb 2006 Investment Adviser Registration (Mis

stment Advisor Registration California Dept of Corporations Statements of Identity & Questionnaire (Missing as of Jan. 28, 2010) Materials Sent to Davis Polk on 4/15/08 (Missing as of Jan. 28, 2010) DB Zwirn Folder #5 May 8, 2009 DBZ LP Proxy May 5, 2009 DBZ LTD Proxy Zwirn Folder #6 Dubin Connection

fused to share the vast majority of documents that Kirkland asked for, and that Mike has put forth, to the best of his ability, an argument for why Highbridge was not responsible for the return of my investment. I understand that Mike stated several times his position that neither Highbridge nor you nor H

ocated or transferred investments among the Funds and its managed accounts or how such investments were liquidated or transferred in order to cover Highbridge's redemptions. I EFTA00729347 understood from our last conversation that Zwirn had previously refused to give you an accounting even though you a

n that Zwirn had previously refused to give you an accounting even though you are a partner. Is this still true? At the January 22, 2009 meeting at Davis Polk, Kirkland tells me that they were provided only sketchy information as to a breakdown of the direct or indirect interests in the Funds' general par

he has refused to share the vast majority of documents that they had asked for, and he has put forth to the best of his ability an argument for why Highbridge was in no way responsible for the return of my investment. He repeatedly stated that neither Highbridge, you or Henry had "control" over the invest

tion that Zwirn had previously refused to give you an accounting, though you are a partner. Is this still true. At the January 22, 2009 meeting at Davis Polk, we were provided only sketchy information as to a breakdown of the direct or indirect interests in the Funds' general partner and manager after Ma

he has refused to share the vast majority of documents that they had asked for, and he has put forth to the best of his ability an argument for why Highbridge was in no way responsible for the return of my investment. He repeatedly stated that neither Highbridge, you or Henry had "control" over the invest

tion that Zwirn had previously refused to give you an accounting, though you are a partner. Is this still true. At the January 22, 2009 meeting at Davis Polk, we were provided only sketchy information as to a breakdown of the direct or indirect interests in the Funds' general partner and manager after Ma