Epstein Secrets

rued but before they were due; that the Company immediately brought these issues to the attention of its outside counsel Schulte Roth & Zabel LLP ("Schulte") for review; that subsequently the Company retained Gibson Dunn & Crutcher LLP ("Gibson Dunn") to conduct an independent review of these issues an

a partner in the Company and a member of DBZLLC and was the Chief Financial Officer and Chief Administrative Officer of the Company. 4. Aver that Gruss was effectively terminated from the Company and DBZLLC, resigning on the verge of being fired, on or about October 4, 2006, and otherwise deny the

tence of Paragraph 16. 17. Deny the allegations of Paragraph 17, except admit that the Fund Controllers and the Operations department reported to Gruss and worked under his supervision; that they had responsibilities concerning accounting and record-keeping; that they worked with the Funds' Adminis

. 8 EFTA00613915 By June 2006, Messrs. Cutler and Proshan reported back to Mr. Zwim. They recommended that DBZ retain Schulte Roth & Zabel LLP ("Schulte") to investigate the management-fee and airplane issues, determine what had occurred, and provide legal advice on potential disclosure and employme

ee. He delegated management of the back office and day-to-day operations to other senior officers who were experienced in those areas, including Mr. Gruss. The financing sources included cash on the funds' balance sheets; interest and principal received from existing loans; proceeds from sales of asse

exhibits and meeting with front-office professionals to discuss available opportunities. Mr. Zwim met regularly with DBZ's Chief Financial Officer, Perry Gruss, and other members of the treasury group to discuss the financing of potential investments. Mr. Zwim adjusted the size and timing of investments bas

payment for the purchase of an airplane to be used by Mr. Zwirn for business travel. Mr. Zwirn then caused the law firm Schulte Roth & Zabel LLP ("Schulte") to undertake an investigation into what had occurred. The investigation was apparently completed in mid-September 2006. Thereafter, in early Octo

stigation was apparently completed in mid-September 2006. Thereafter, in early October 2006, the Fund parted ways with its Chief Financial Officer, Perry Gruss. Mr. Zwim, using a script Schulte had approved, immediately called investors (including Mr. Epstein) to inform them of Mr. Gruss's departure (though

ial Officer, Perry Gruss. Mr. Zwim, using a script Schulte had approved, immediately called investors (including Mr. Epstein) to inform them of Mr. Gruss's departure (though he did not tell them the specific nature of the two accounting improprieties). Very shortly thereafter, a third accounting impr

03:16:18 6 That Mr. Kahn had showed up on most of 7 the e-mail with respect to the airplane which 8 Schulte Roth had been -- I believe it was, Schulte 9 Roth had been called in in May of '06, my best 10 recollection, sir, to deal with the issues of the 03:16:38 11 airplane, which was never di

hs. 25 Q. Who was present? 03:14:49 VERITEXT REPORTING COMPANY www.veritext.com EFTA00299294 Page 211 1 Epstein 2 A. I believe just Mr. Gruss and me. 3 Q. Who set up the meeting? 4 A. I did. 5 Q. How? 03:15:05 6 A. I called him. 7 Q. And asked if he would meet with you? 8

ate a bunch of 18 conversations, it was all the fact that Dan Zwirn 19 was a crook. 20 Q. Did you ever have a conversation with 03:14:36 21 Perry Gruss? 22 A. Yes. 23 Q. When was that? 24 A. In the past two months. 25 Q. Who was present? 03:14:49 VERITEXT REPORTING COMPANY www.veritext

ccording to Zwirn) he has no right to this. • March 26, 2007 Memo from Zwirn to Investors re Completion of Independent Review • March 27, 2007, Schulte (Mark Elovitz) letter to Darren Indyke claiming that the February 14, 2007 withdrawal notice was invalid because it was not 6 EFTA00722301 given

volving oversight of sub-advisor DB Zwirn beginning in the Fall 2006." • September 24, 2006 Zwirn calls Jeffrey to advise that he is going to fire Gruss but it is not for material reasons. Jeffrey advises that he wants to redeem FTC's entire investment. • Sepetember 30, 2006. Gruss is fired. • O

the general partner and the investment manager, respectively) before the fees were actually payable.. On the advice of the Fund's outside counsel, Schulte, Roth & Zabel, I refrained from revealing the details of these errors , while the Fund's outside counsel investigated the matter further. Finally,

, while the Fund's outside counsel investigated the matter further. Finally, at the end of September 2006, I fired the Chief Financial Officer, Mr. Perry Gruss, for these matters, and thereafter, I began to inform investors. 12. After consulting with Dubin,in fact Dubin attended the meeting with counsel, I

t.com EFTA00299206 Page 123 1 2 about it. 3 4 5 have considered to be material? 6 7 8 9 10 11 12 bells and whistles 13 time, when Schulte 14 '06 to investigate 15 16 17 18 19 20 21 22 23 24 25 Q• Epstein And the materiality being that there was a thief, which was someth

126 1 Epstein 2 A. Yes. 3 Q. He lied to you about the airplane? 4 A. He lied that the things that he 5 represented were the reasons that Gruss were fired 11:45:55 6 were strictly immaterial. He said the phrase that 7 it was immaterial was a lie. 8 Q. Anything else you recall him using