Epstein Secrets

BITRATION IN THE MATTER OF FORTRESS VRF I LLC and FORTRESS VALUE RECOVERY FUND I LLC, Claimants v. JEEPERS, INC., Respondent § Case No. and FINANCIAL TRUST COMPANY, INC. and § JEEPERS, INC., Counter-Claimants and Third-Party Claimants § v. § Arbitrator: D.B. ZWIRN SPECIAL OPPORTUNITIES § FUND, L.P. k/n/a FORTR

awal, the Fund declared that it was not timely because 120-days notice was not given. According to the Fund, [T]he 2005 Letter Agreement permitted Financial Trust to withdrawal under Section 9.1 as of March 31, 2007 (and as of the second anniversary of that date thereafter) on 120 days prior written notice. B

m contacted Epstein. The two had not spoken about anything of substance since 2002. Zwim informed Epstein that the Fund's Chief Financial Officer, Perry Gruss, had been terminated over an accounting transaction that was "nonmaterial." Zwim specifically mentioned that more than $3 million in investor money

LC, Zwirn Holdings, LLC, and Daniel Zwim in this arbitration on June 25, 2010. 4. The term "Counterclaimants" or "Third-Party Claimants" means (a) Financial Trust Company, Inc.; and (b) Jeepers, Inc. The term includes past and/or present employees, directors, representatives, agents, officers, consultants, attorneys, predec

on of Perry Gruss. 1205876v1/011585 13 EFTA00722321 Timestamp: 8/16/2010 5:38 PM CDT 38. All communications among Counterclaim Respondents and Gruss concerning Gruss's termination or the subsequent litigation filed by Gruss against Zwim, including any pleadings or discovery instruments or docume

l documents concerning any review or investigation of the Fund's operations, finances, or accounting prompted by or occurring after the departure of Perry Gruss from involvement with the Fund or any of the Zwim Entities. 36. All witness statements taken in connection with any internal review or investigat

N NEW YORK, NEW YORK IN THE MATTER OF FORTRESS VRF I LLC and FORTRESS VALUE RECOVERY FUND I LLC, Claimants v. JEEPERS, INC., Respondent and FINANCIAL TRUST COMPANY, INC. and JEEPERS, INC., Counter-Claimants and Third-Party Claimants v. D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P. k/n/a FORTRESS VALUE RECOVERY FU

ee. He delegated management of the back office and day-to-day operations to other senior officers who were experienced in those areas, including Mr. Gruss. The financing sources included cash on the funds' balance sheets; interest and principal received from existing loans; proceeds from sales of asse

exhibits and meeting with front-office professionals to discuss available opportunities. Mr. Zwim met regularly with DBZ's Chief Financial Officer, Perry Gruss, and other members of the treasury group to discuss the financing of potential investments. Mr. Zwim adjusted the size and timing of investments bas

("Addt'l Jan 1 $20mm FTC is subject to 2 yr lock not 3 yr"); see also Exhibit F at HCMARB_00000155 ("Attached please find the side note relating to Financial Trust Company, Inc.'s January 1, 2005 investment in D.B. Zwim Special Opportunities Fund, LP") (emphasis added).) There are two additional problems with Jeepers's curren

stigation was apparently completed in mid-September 2006. Thereafter, in early October 2006, the Fund parted ways with its Chief Financial Officer, Perry Gruss. Mr. Zwim, using a script Schulte had approved, immediately called investors (including Mr. Epstein) to inform them of Mr. Gruss's departure (though

ial Officer, Perry Gruss. Mr. Zwim, using a script Schulte had approved, immediately called investors (including Mr. Epstein) to inform them of Mr. Gruss's departure (though he did not tell them the specific nature of the two accounting improprieties). Very shortly thereafter, a third accounting impr

Partnership Agreement, dated as of May 1, 2003 (as amended to the date hereof, the "Agreement") of the Fund, the General Partner hereby agrees that Financial Trust Company, Inc. (the "Company") shall be permitted to withdraw its Capital Account as of the last Business Day of the calendar quarter ending at least two years af

or a complete withdrawal was not timely because it was not given with 120-days notice. According to the Fund, [T]he 2005 Letter Agreement permitted Financial Trust to withdrawal under Section 9.1 as of March 31, 2007 (and as of the second anniversary of that date thereafter) on 120 days prior written notice. B

m contacted Epstein. The two had not spoken about anything of substance since 2002. Zwim informed Epstein that the Fund's Chief Financial Officer, Perry Gruss, had been terminated over an accounting transaction that was "nonmaterial." Zwim specifically mentioned that $3 million in investor money had been u

, marked 14 for identification.) 15 (Discussion off the record.) 01:56:31 16 MR. SCHWARTZ: Exhibit 5 is a 17 memorandum on the letterhead of Financial 18 Trust Company and Zwirn dated November 13, 19 2006, with the Bates number JE 2000. 20 Q. Do you recognize that to be your 01:56:46 21 signature? 22 A. I

ned subsidiary called 19 JEEPERS. 20 Q. Which was the wholly owned subsidiary 02:17:31 21 of Financial Trust Company? 22 A. Yes, sir. 23 Q. Financial Trust Company is located 24 where? 25 A. The Virgin Islands, U.S. Virgin 02:17:38 VERITEXT REPORTING COMPANY www.veritext.com EFTA00299258 Page 175 1

126 1 Epstein 2 A. Yes. 3 Q. He lied to you about the airplane? 4 A. He lied that the things that he 5 represented were the reasons that Gruss were fired 11:45:55 6 were strictly immaterial. He said the phrase that 7 it was immaterial was a lie. 8 Q. Anything else you recall him using

h a personal friend of mine and a major client of my firm, 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,

) 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 discovered various irregularities at the Fund, including that investors' money was used to pay for an airplane that would be owne

investors to the Fund. Jeffrey Epstein was one of the Fund's earliest investors. Over the next couple of years, Epstein's wholly-owned corporation, Financial Trust Company, Inc. ("FTC"), became one of the largest retail investors in the Fund. FTC made a series of large capital contributions to the Fund totaling $80 million

, while the Fund's outside counsel investigated the matter further. Finally, at the end of September 2006, I fired the Chief Financial Officer, Mr. Perry Gruss, for these matters, and thereafter, I began to inform investors. 12. After consulting with Dubin,in fact Dubin attended the meeting with counsel, I

h a personal friend of mine and a major client of my firm, Highbridge Capital Corporation. Between 2002 and 2005, Epstein (through an entity called Financial Trust Company, Inc.) invested $80 million in the Fund. 4. In early October 2006, Zwim informed me that he was firing the Fund's then-Chief Financial Officer, Perry Gr

ny, Inc.) invested $80 million in the Fund. 4. In early October 2006, Zwim informed me that he was firing the Fund's then-Chief Financial Officer, Perry Gruss. Zwim said that he discovered various irregularities at the Fund, including that investors' money was used to pay for an airplane that would be owne