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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
ening of November 13, 2006, FTC sent by fax a written notice to Zwirn demanding withdrawal of "$80 million of Financial Trust Company's interest in D.B. Zwirn Special Opportunities Fund, L.P." The notice also was mailed by certified mail to Zwirn at 745 Fifth Avenue, 18th Floor, New York, New York 10151, to comply with the notice p
tanding, based on subsequent conversations with Epstein, that after this conversation, Epstein made a written request for that partial redemption of Financial Trust Company, Inc.'s capital account in the Zwim Fund and that Zwirn refused to honor this request. Glenn Dubin Sworn to before me this 3 bile ay of February, 2010.
Subsequently, I participated in a three-way call with both Zwim and Epstein. During this call, Epstein demanded from. Zwim the withdrawal of all of Financial Trust EFTA00727333 Company, Inc.'s capital account in the Zwirn Fund. Epstein said he wanted to redeem all of Financial Trust Company, Inc.'s 140 plus
cessors, and anyone else acting on their behalf. 3. "Claimants" means Fortress VRF I LLC and Fortress Value Recovery Fund I LLC. 4. "Fund" means D.B. Zwirn Special Opportunities Fund, L.P. n/k/a Fortress Value Recovery Fund 1 LLC and f/k/a Highbridge/Zwim Special Opportunities Fund, L.P. and includes its directors, officers, emp
. 4. All documents concerning the alleged conversations described in 6, 7 and 8 of the Affidavit. 5. All documents concerning the assignment of Financial Trust Company, Inc.'s limited partnership interests in the Fund to Jeepers, Inc. 6. All documents concerning any request by any of the Third-Party Claimants to withdra
Subsequently, I participated in a three-way call with both Zwirn and Epstein. During this call, Epstein demanded from Zwirn the withdrawal of all or Financial Trust EFTA00727343 Company, Inc.'s capital account in the Zwim Fund. Epstein said he wanted to redeem all of Financial Trust Company, Inc.'s 140 plus m
cessors, and anyone else acting on their behalf. 3. "Claimants" means Fortress VRF I LLC and Fortress Value Recovery Fund I LLC. 4. "Fund" means D.B. Zwirn Special Opportunities Fund, L.P. n/k/a Fortress Value Recovery Fund I LLC and f/k/a Highbridge/Zwirn Special Opportunities Fund, L.P. and includes its directors, officers, em
, 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
sation, I hereby instruct you to immediately 8 liquidate an interest in the amount of $80 million 9 of Financial Trust Company's interest in 10 D.B. Zwirn Special Opportunities Fund, L.P., and 01:58:13 11 then it gives wire instructions; correct? 12 A. That's what it says. 13 Q. When were you expecting your position 14
agraph 7 of the Settlement Agreement and Release dated April 8, 2009 ("Agreement") among D.B. Zwirn Special Opportunities Fund, L.P., Jeepers, Inc., Financial Trust Company, Inc., and Jeffrey Epstein, this notice constitutes "Jeepers' Cancellation Declaration." The result hereof is that the Agreement is null and void and the
.B. Zwirn Special Opportunities Fund, L.P.: Pursuant to Paragraph 7 of the Settlement Agreement and Release dated April 8, 2009 ("Agreement") among D.B. Zwirn Special Opportunities Fund, L.P., Jeepers, Inc., Financial Trust Company, Inc., and Jeffrey Epstein, this notice constitutes "Jeepers' Cancellation Declaration." The result h
4. All documents concerning the alleged conversations described in ¶¶ 6, 7 and 8 of the Affidavit. 5. All documents concerning the assignment of Financial Trust Company, Inc.'s limited partnership interests in the Fund to Jeepers, Inc. 6. All documents concerning any request by any of the Third Party Claimants to withdra
decessors, and anyone else acting on their behalf. 3. "Claimants" means Fortress VRF I LLC and Fortress Value Recovery Fund LLC. 4. "Fund" means D.B. Zwirn Special Opportunities Fund, L.P. n/k/a Fortress Value Recovery Fund I LLC and f/k/a Highbridge/Zwim Special Opportunities Fund, L.P. and includes its directors, officers, emp
you as client and us as lawyers. Susman Godfrey L.L.P. ("SG", "we", or "us") (which includes any successor to the partnership of SG) will represent Financial Trust Company, Inc., Jeepers, Inc., and Jeffrey Epstein ("Client" or "you") in connection with all claims you have against Daniel Zwim, D.B. Zwim Special Opportunities
DRAFT December 8, 2009 VIA E-MAIL Jeffrey E. Epstein Financial Trust Company, Inc. 457 Madison Avenue, 4'h Floor New York, New York 10022 Re: D.B. Zwirn Special Opportunities Fund, L.P. Dear Jeffrey: This Agreement describes the terms and conditions of the relationship between you as client and us as lawyers. Susman Godfrey
agraph 7 of the Settlement Agreement and Release dated April 8, 2009 ("Agreement") among D.B. Zwirn Special Opportunities Fund, L.P., Jeepers, Inc., Financial Trust Company, Inc., and Jeffrey Epstein, this notice constitutes "Jeepers' Cancellation Declaration." The result hereof is that the Agreement is null and void and the
.B. Zwirn Special Opportunities Fund, L.P.: Pursuant to Paragraph 7 of the Settlement Agreement and Release dated April 8, 2009 ("Agreement") among D.B. Zwirn Special Opportunities Fund, L.P., Jeepers, Inc., Financial Trust Company, Inc., and Jeffrey Epstein, this notice constitutes "Jeepers' Cancellation Declaration." The result h
D.B. ZWIRN PARTNERS, LLC January 11, 2005 Jeffrey Epstein Financial Trust Company, Inc. 457 Madison Avenue, 4th Floor New York, New York 10022 Re: January 1 Investment in D.B. Zwirn Special Opportunities Fund. L.P. (the "Fundl Dear M
anuary 11, 2005 Jeffrey Epstein Financial Trust Company, Inc. 457 Madison Avenue, 4th Floor New York, New York 10022 Re: January 1 Investment in D.B. Zwirn Special Opportunities Fund. L.P. (the "Fundl Dear Mr. Epstein, In accordance with Section 9.1 of the Amended and Restated Limited Partnership Agreement, dated as of May 1, 2
Entities connected to both Financial Trust Company and D.B. Zwirn Special Opportunities Fund

Jeffrey Epstein
PERSONDarren Indyke
PERSON
JPMorgan Chase
ORGANIZATION
FedEx
ORGANIZATION
Alan Dershowitz
PERSON
United States
LOCATION
Glenn Dubin
PERSON
Stephen Hawking
PERSONJeepers, Inc.
ORGANIZATIONZwirn
PERSONZWIRN HOLDINGS
ORGANIZATION
Jes Staley
PERSONDANIEL ZWIRN
PERSONHighbridge
ORGANIZATION
Highbridge Capital Management
ORGANIZATIONStephen D. Susman
PERSONSUSMAN GODFREY
ORGANIZATIOND.B. ZWIRN
PERSOND.B. Zwim
PERSONJUDICIAL ARBITRATION
ORGANIZATION