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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
wo years. Article IX, Section 9.1 of the LPA thus describes the process for making a complete withdrawal of a limited partner's "Capital Account": Complete Withdrawals of Capital Account. Complete withdrawals of a Limited Partner's Capital Account may be made as of the last Business Day of the calendar quarter ending at least two y
uld only "take it or leave it," Mr. Epstein had significant bargaining power in his dealings with the Fund. (See, e.g., E-mail from Mr. Zwim to Mr. Dubin, Ex. I ("We have done back flips for Jeffrey [Epstein] and, as a large, early and important investor, will continue to do so at his convenience.").
ubscription agreement and to execute the Fund's LPA. Each time, it was "admitted" as a limited partner in the Fund. Section 9.1 of the LPA states: Complete Withdrawals of Capital Account. Complete withdrawals of a Limited Partner's Capital Account may be made as of the last Business Day of the calendar quarter ending at least two y
09AM To: Harry eller rTrust____----- Subject: FW: inancia Attachments: Fina ial Trust - 11.13.06.xls From: Zwirn, Dan Sent: Wednesday, F To: 'Dubin, Glenn' Cc: Lee, David Subject: FW: Fina AM This is what I sent to you. We had also sent to Harry Beller and reviewed with him in excruciating d
ner in excess of its ratable share, the Partnership shall reimburse such party for such expenses. Article IX. WITHDRAWAL BY LIMITED PARTNERS 9.1. Complete Withdrawals of Capital Account. Complete withdrawals of a Limited Partner's Capital Account may be made as of the last Business Day of the calendar quarter ending at least two ye
Entities connected to both Glenn Dubin and Complete Withdrawals of Capital Account

Jeffrey Epstein
PERSONLeon Black
PERSON
United States
LOCATION
Lawrence Krauss
PERSON
Financial Trust Company
ORGANIZATIONZwirn
PERSONHarry Beller
PERSONAnthony J. Carpinello
PERSONCounter-Claimants
ORGANIZATIONWEISS
ORGANIZATIONRIFKIND
ORGANIZATIONDel. Super
ORGANIZATIONDel. Ch
PERSONZwirn Holdings LLC
ORGANIZATIONDBZ GP LLC
ORGANIZATIONArticle IX
ORGANIZATIONElectronic Mail
ORGANIZATIONthe Side Letter
ORGANIZATIONArbitrator
ORGANIZATIONHannah S. Sholl
PERSON