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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
nated as to them. F. DBZ's Discovery of Accounting Improprieties and Response In Spring 2006, Lawrence Cutler, DBZ's Chief Compliance Officer, and David Proshan, DBZ's General Counsel, informed Mr. Zwirn of a potential accounting irregularity relating to DBZ's management fees. They may have also mentioned a
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
ounting improprieties were discovered at the Fund. According to the deposition testimony, Lawrence Cutler, the Fund's Chief Compliance Officer, and David Proshan, the Fund's General Counsel, informed Mr. Zwirn of two potential accounting irregularities by June 2006: the early payment of management fees by the
n Capital Partners, a company controlled by Msrs Dubin and Swieca and in which you had a small interest
t with JE? f. That letter was prepared by your assistant GC, Heath Weisberg, who sent it to HB with a copy to GD, yourself, Allyson Alimansky and David Proshan? g. Insofar as you know, FTC had nothing to do with the language that Mr. Weisberg chose to use? 7. As your boss for several years and then a se
Entities connected to both Glenn Dubin and David Proshan

Jeffrey Epstein
PERSONLeon Black
PERSON
United States
LOCATION
Lawrence Krauss
PERSON
JPMorgan Chase
ORGANIZATION
Financial Trust Company
ORGANIZATIONZwirn
PERSONHighbridge
ORGANIZATIONHarry Beller
PERSONPerry Gruss
PERSONAnthony J. Carpinello
PERSONSchulte
PERSONHubsher
PERSONDavid Lee
PERSONCounter-Claimants
ORGANIZATIONHarry Davis
PERSONLawrence Cutler
PERSON
Cutler
PERSONGibson Dunn
ORGANIZATIONZwirn Holdings LLC
ORGANIZATION