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irn explained that FTC's investments were subject to two-year rolling lock-ups. Mr. Zwim then informed Mr. Dubin by email that he had spoken to Mr. Beller about "the facts of lock-ups." Mr. Zwim and Mr. Lee, then DBZ's Acting CFO, obtained and reviewed redemption schedules from DBZ's Investor Relation
aw all of FTC's investments during these conversations; in fact, he did not. II EFTA00613918 H. FTC's Liquidation Demand On November 13, 2006, Harry Beller, an accountant at FTC, called Mr. Zwim. They discussed when FTC's investments could be redeemed. Mr. Zwirn explained that FTC's investments were su
the substance of all the issues was appropriate. Mr. Epstein demanded to speak to Schulte, and Mr. Zwim facilitated the call. Mr. Epstein spoke to Harry Davis of Schulte, but was not satisfied with the conversation. Mr. Epstein also had questions about the value of FTC's investments in the Fund. Mr. Epstei
e Fund on the March 31, 2007 withdrawal date. 26. 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 ho
0, 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, according to Mr. Lee, FTC had no withdrawal rights at that time. Mr. Lee informed
ed FTC's 5 K&E I2W-6503 EFTA00585804 complete withdrawal from the Fund for a third time and asked Mr. Zwirn to have the Fund's outside counsel, Harry Davis, call Mr. Epstein. 22. That same day, Harry Davis, a partner with Schulte Roth and Zabel LLP ("Schulte Roth"), called Mr. Epstein and apologized f
ank which Jeffrey's withdrawal would precipitate. • November 13, 2006 email from Zwirn to Dubin advising that Zwirn spoke as calmly as possible to Harry Beller about lock-up facts and stating that it would be very good for you to call Jeffrey. • November 13, 2006 email from Zwirn to Dubin that Dubin shoul
utright lie about non-material accounting irregularities. Zwirn claims it was on advice of counsel. JEE speaks to Dubin, Zwirn and Zwirn's counsel (Harry Davis from Schulte Roth) about lie and JEE again demands to redeem FTC's entire investment in the Fund. At this time, it is explained that Zwirn is tryin
y. 3 Q. Did you know at or about the time that 4 it went out that it had actually been sent? 5 A. No. 02:05:27 6 Q. Is that something Mr. Beller would have 7 told you: We made the redemption request? 8 A. I would have said, after the telephone 9 call with Dan and Glenn: Make sure I get
inly not the 7 representation that they had made to either Glenn 8 or myself." 9 A. Yes. 10 Q. Who is "they"? 11:36:33 11 A. The Zwirn, Harry Davis, Dan Zwirn -- 12 Harry Davis specifically to me, that the book -- 13 what had been represented to me initially as mere 14 bookkeeping entry irreg
Entities connected to both Harry Beller and Harry Davis

Jeffrey Epstein
PERSON
Richard Kahn
PERSONDarren Indyke
PERSON
Financial Trust Company
ORGANIZATION
Glenn Dubin
PERSON
Lawrence Krauss
PERSONZwirn
PERSONPerry Gruss
PERSONDavid Lee
PERSONHighbridge
ORGANIZATIONSchulte
PERSOND.B. Zwirn
ORGANIZATIONHubsher
PERSONDavis Polk
ORGANIZATIONDavid Proshan
PERSON
Cutler
PERSONLawrence Cutler
PERSON