3
Shared Docs
3
Same-Page
6 / 3
Mentions
Timcstamp: 1272212009 4:03 PM EST AFFIDAVIT OF GLENN DUBIN STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK) Glenn Dubin, being duly sworn, deposes and says: 1. I am over twenty-one years of age and am com
stamp: 1272212009 4:03 PM EST AFFIDAVIT OF GLENN DUBIN STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK)
rm, Highbridge Capital Corporation. Between 2002 and 2005, Epstein (through an entity called Financial Trust Company, Inc.) invested $80 million in the Zwirn Fund. 4. In early September 2006, Zwim informed me that he was firing the Fund's then-Chief Financial Officer, Perry Gruss. Zwim said that he discovere
icers, employees, representatives, agents, parents, subsidiaries, predecessors, affiliates, divisions, and anyone else acting on their behalf. 9. "Glenn Dubin" means Glenn Dubin and any entity owned or controlled by him, including without limitation Dubin & Swieca Asset Management, LLC. 9. "Document" mea
d anyone else acting on their behalf. 9. "Glenn Dubin" means Glenn Dubin and any entity owned or contro
bridge Managed Account. EFTA00791902 6. All documents concerning Highbridge's knowledge during 2006 and 2007 of the accounting irregularities at the Zwirn Fund or Zwim Entities as described in Epstein's Claim. 7. All documents concerning Highbridge's disclosure to Epstein of Highbridge's knowledge of the
n March 31, 2007, so long as it gave notice before December 1, 2006. Notice was given, after a discussion, with both Dan Zwirn and the Fund's agent Glenn Dubin, to reduce his demand for a total withdrawal of $133 million to only $80 million. But the money was never paid. Mr Dubin and Mr Epstein are in lock
of some conversation between Mr. Epstein and Dan Zwirn. The demand begins with the words "as per our conversation . . . ." Again Mr Epstein and Mr Dubins recollection, of this conversation are in harmony. This phrase "as per our conversation . . ." is telling. The Fund claims that FTC recently fabri
nilla. The contractual language is clear, and the legal principles are solid. Under the terms of the 2005 Letter Agreement between FTC/Jeepers and the Zwirn Fund, FTC was entitled to withdraw its "Capital Account" on March 31, 2007, so long as it gave notice before December 1, 2006. Notice was given, after a
Entities connected to both Glenn Dubin and the Zwirn Fund