Epstein Secrets

of Facts 2 A. Mr. Zwirn's Personal Background 2 B. DBZ Background 2 I. DBZ's Investment Strategy 3 2. Mr. Zwirn's Role at DBZ 3 3. Mr. Dubin's Involvement with DBZ 4 4. DBZ's Lock-Ups 4 C. Mr. Epstein's Relationship with Mr. Dubin 6 D. FTC's Investments in the Fund 7 E. Account

ers. In 2000, Michael Dell's investment firm hired Mr. Zwim to start and serve as the portfolio manager of its Special Opportunities Group. In 2001, Glenn Dubin, the co-founder of Highbridge Capital Management ("Highbridge"), recruited Mr. Zwim to serve as a managing director and the senior portfolio manage

been approved by Schulte in the calls he made to investors. 9 EFTA00613916 Mr. Gruss resigned on the verge of being fired in early October 2006. David Lee was appointed to replace him as DBZ's Acting CFO. Mr. Zwirn informed investors of Mr. Gruss's separation from DBZ in mid-October 2006, using a scri

nd no reason why Mr. Zwirn would have entertained such an agreement. According to Mr. Epstein, in phone calls with Mr. Zwirn and, separately, with Glenn Dubin, the source of Mr. Epstein's original introduction to Mr. Zwirn and a co- owner of the Fund's General Partner through an entity called Dubin & Swieca

all the money he had in the Fund. These communications allegedly culminated in a November 13 conference call among Mr. Epstein, Mr. Zwirn, and Mr. Dubin, in which Mr. Zwirn, worried that a complete withdrawal by Mr. Epstein would precipitate a "run on the bank," allegedly promised Mr. Epstein that t

w subscription for an investment was treated as a separate "tranche," with its own cycle of rolling lock-ups. (See Exhibit Q; Exhibit R.) Mr. Zwim, David Lee (former President and acting CFO of the Fund manager) and Elise Hubsher (former head of the Marketing and Investor Relations Group for the Fund man

rom Entrust 8/27/2004 DBZCOPR-00541659 315 D.B. Zwirn & Co, L.P. Presentation 9/2004 DBZCO_FTC 0025303 - 0025329 316 E-mail to Dan Zwirn from Glenn Dubin re Investor Calls 11/15/2004 DBZCO_FTC 0008646 2 EFTA00614026 Exhibit Description Date Bates 317 E-mail to Dan Zwirn from Glenn Dubin re

03 - 0025329 316 E-mail to Dan Zwirn from Glenn Dubin re Investor Calls 11/15/2004 DBZCO_FTC 0008646

6 VRF 00000455 - 00000463 329 D.B. Zwirn & Co., LP. Special Opportunities Fund Presentation 11/2006 DBZCO_FTC 0024200 - 0024231 330 E-mail to David Lee from Elise Hubsher re Harry Beller from Jeff Epstein's Office Called 11/13/2006 DBZCO_FTC 0002802 331 CRM Database Printout for Japers 12/6/20

incipal of leepers, Inc.) Daniel B. Zwim (individually and principal of D.B. Zwirn Special Opportunities Fund, L.P. and related Zwirn entities) Glenn Dubin Harry Beller David Lee (non-party witnesses) -second deposed- -third deposed- 3. The dates contained in Scheduling order No. I regarding Exchange

s Fund, L.P. and related Zwirn entities) Glenn Dubin Harry Beller David Lee (non-party witnesses)

Daniel B. Zwim (individually and principal of D.B. Zwirn Special Opportunities Fund, L.P. and related Zwirn entities) Glenn Dubin Harry Beller David Lee (non-party witnesses) -second deposed- -third deposed- 3. The dates contained in Scheduling order No. I regarding Exchange of information (para 1

irtually no contact with Mr. Zwirn, except for a five minute face-to-face introduction and various telephone calls trying to resolve disputes. 4. Glenn Dubin negotiated and solicited each of Mr. Epstein's investments with the Zwirn fund, as well as the commissions and the other terms in respect thereof.

tein's investments with the Zwirn fund, as well as the commissions and the other terms in respect thereof. For example, at Mr. Zwirn's request, Mr. Dubin requested that Mr. Epstein pay a 2% management fee to the Zwirn fund, rather than Mr. Epstein's offer of 1.3%. In addition, Mr. Dubin solicited Mr.

AR END 2006 TO HIGHBRIDGE. SO THE QUESTION IS HOW MUCH OF PAGES 80-86 DO YOU WANT TO INCLUDE?) 6. According to sworn deposition testimony given by David Lee, Mr. Dubin continued to advise on investments, though the events of mismanagement (e.g., withdrawing funds for management fees that were not actual

virtually no contact with Mr. Zwim, except for a five minute face-to-face introduction and various telephone calls trying to resolve disputes. 4. Glenn Dubin negotiated and solicited each of Mr. Epstein's investments with the Zwirn fund, as well as the commissions and the other terms in respect thereof.

tein's investments with the Zwirn fund, as well as the commissions and the other terms in respect thereof. For example, at Mr. Zwirn's request, Mr. Dubin requested that Mr. Epstein pay a 2% management fee to the Zwim fund, rather than Mr. Epstein's offer of 1.3%. In addition, after the purchase of hi

ter Mr Dubin reqlinguished his interest when the fund was transferred tp fortress investments. 6. According to sworn deposition testimony given by David Lee, Mr. Dubin continued to advise on investments, though the events of mismanagement (e.g., withdrawing funds for management fees that were not actual

nts from the Fund. 18. At the same time, Mr. Epstein continued to press for more details. Mr. Epstein contacted his long-time friend and associate Glenn Dubin, a former partner of Daniel Zwim who introduced Mr. Zwirn to Mr. Epstein, and asked Mr. Dubin to help Mr. Epstein find out the truth about what was

in contacted his long-time friend and associate Glenn Dubin, a former partner of Daniel Zwim who introduced Mr. Zwirn to Mr. Epstein, and asked Mr. Dubin to help Mr. Epstein find out the truth about what was going on at the Fund. A few days after the initial phone conversation, Mr. Zwim called Mr. Ep

6. After FTC submitted its notice of withdrawal, and well before the November 30, 2006 cutoff date, Harry Beller, an FTC representative, spoke with David Lee, D.B. Zwim's new CFO. During that conversation, Mr. Lee informed Mr. Beller that D.B. Zwim would not honor the notice of withdrawal because, accord

1:05:06 16 Zwirn. 17 Q. You were allocating additional monies 18 for what? 19 A. My own personal investments. 20 Q. And so you asked Mr. Dubin where should 11:05:13 21 you put it? 22 A. Yes. 23 Q. You asked for his advice? 24 A. Yes. 25 Q. And he said put it with Zwirn? 11:05:

A. Yes, sir. 15 Q. Putting aside the lockup, how did it 11:11:44 16 come about that you decided to make an investment 17 in 2005? 18 A. Glenn Dubin called me and said that 19 Zwirn had been doing very well, and he recommended 20 that I up my investment. 11:12:00 21 Q. And did you have any

to a bunch of unreturned 8 telephone calls, basically saying don't -- don't 9 reach out for Dan Zwirn anymore, speak to somebody 10 else, call David Lee. 02:40:19 11 Q. So you believe that this e-mail was 12 sent because you wanted to talk to Dan and they 13 were trying to deflect you to David

n Capital Partners, a company controlled by Msrs Dubin and Swieca and in which you had a small interest

interpret your comments? 1) You apologized and offered to send out a redraft? 2) He responds sarcastically that you should have Perry Gruss and David Lee field calls from JE, Bob Rosenkrantz, Michael Sacks, Robert Wood Johnson Foundation etc? 3) Those were "your clients" he says, but you knew that

From: Harry Beller MilliMn) Sent: Tuesday. ru Feb To: Cc: Dubin, Glenn:. Subject: FW: December Cap Balance Jeffrey This looks very suspicious Harry From: Howe, Cara imailto:cara.111W Sent Monday, February 12

: Howe, Cara imailto:cara.111W Sent Monday, February 12, 200 : To: Hany Beller Cc: Lee, David Subject December Cap Balance Harry, I spoke with David Lee and he would be happy to speak with you on all matters related to D.B. Zwirn and Co. We recognize that you are an important investor and feel that D