Epstein Secrets

r the plain- tiffs to amend their pleadings. I. FACTUAL AND PROCEDURAL BACKGROUND In their amended complaint, Jeffrey E. Epstein ("Epsteinn and Financial Trust Company, Inc. ("Fr) (collectively "plain- tiffs") allege that Citibank, N.A. ("Citi- bank") and Citigroup, Inc. ("Citigroup"I [collectively "defendants"] misrepre

itch book" referenced in the amended complaint is the document that plaintiffs rely on is a disputed fact that precludes a Rule 12(bX6) dismissal. Financial Trust Co., 268 F.Supp.2d at 572. Nothing in any of the briefs have convinced me that the parties do not dispute which pitch book Epstein received, what disc

ed to meet Federal Rule of Civil Proce- dure 9(b)'s heightened pleading standard. I did, however, grant the plaintiffs leave to amend the complaint Financial Trust Co.' Citibank, 268 F.Supp.2d 661 (D.Vir- gin Islands 2003). H. LEGAL ANALYSIS A. Federal Rule of Civil Procedure 9(b) (1-31 In order to state a viable

rder, the proceedings should be stayed pending the adjudication of the first-filed action. (sac) (Entered: 10/16/2002) 10/09/2002 12 AFFIDAVIT of Marshall H. Fishman by Citibank, N.A. in opposition to [7-1] motion for an order, purl. to Rules 1, 12 and 13(a) of the FRCP, dismissing the Complaint, [7-2] motion fo

On November 27, 2002, I issued an order restraining Citibank and Citigroup from pursuing their New York lawsuit pending decisions on these motions. Financial Trust Co., Inc. v. Citibank, N.A., Order, Civ. No. 2002-108 (D.V.I. Nov. 27, 2002). In light of subsequent events, however, I sua sponte vacated this prohibition.

73, 879-80 (3d Cir. 1995). Considering the totality of the circumstances surrounding this case, I make the following findings. First, Epstein and Financial Trust have selected this forum, and they are residents of the Virgin Islands with strong ties to this community. Epstein owns a seventy-acre island, and

O F. MORALES Clerk of the Court By: /s/ Deputy Clerk Copies to: Hon. Geoffrey W. Barnard Gregory H. Hodges, Esq. Maria Tankenson Hodge, Esq. Marshall H. Fishman, Esq. Kramer Levin Naftalis & Frankel LLP 919 Third Avenue, New York, NY 10022 Edward S. Feig, Esq. Arent, Fox, Klintner, Plotkin & Kahan, PLLC

damages. Plaintiffs have thus alleged enough information to survive a Rule 12(b)(6) motion on Case No. 08-80736-CV-MARRA P-000727 EFTA00228107 k Financial Trust Co. v. Citibank Civil No. 02-108 Memorandum Opinion Page 9 their fraud claims. C. The Mass .Mutual Investment Claims Although it is unclear from t

erentiate the counts between the Mass Mutual and AIG funds as defendant attempts to do. Case No. 08-80736-CV-MARRA P-000729 EFTA00228109 I .• Financial Trust Co. Inc. I. Citibank Civ. No. 2002-108 Memorandum Opinion Page 11 ENTERED this 30th day of December, 2004. FOR THE COURT: /s/ Thomas K. Moore Distri

O F. MORALES Clerk of the Court By: /s/ Deputy Clerk Copies to: Hon. Geoffrey W. Barnard Gregory H. Hodges, Esq. Maria Tankenson Hodge, Esq. Marshall H. Fishman, Esq. Kramer Levin Naftalis & Frankel LLP 919 Third Avenue, New York, NY 10022 Edward S. Feig, Esq. Arent, Fox, Klintner, Plotkin & Kahan, PLLC

TTLEMENT AGREEMENT AND RELEASE ("Agreement") is made and entered into as of this day of JulyAuaust 2011 (the "Effective Date"), by and between (i) Financial Trust Company, Inc. ("FTC"), The C.O.U.Q. Foundation, Inc. ("COUQ") and Jeffrey Epstein (together, "Claimants") and (ii) The Bear Stearns Companies Inc. (n/k/a The Bear

r Levin Naftalis & Frankel LLP By: By: Stephen D. Susman Stephen M. Sinaiko Counsel for Claimants Freshfields Bruckhaus Deringer US LLP By: Marshall H. Fishman Gabrielle L. Gould Co-Counsel for The Bear Steams Companies Inc., Bear, Stearns & Co. Inc. and Bear Stearns Asset Management Inc. - 2- KL3 , . 1.

his SETTLEMENT AGREEMENT AND RELEASE ("Agreement") is made and entered into as of this day of August 2011 (the "Effective Date"), by and among (i) Financial Trust Company, Inc. ("FTC"), The C.O.U.Q. Foundation, Inc. ("COUQ") and Jeffrey Epstein (together, "Claimants") and (ii) The Bear Stearns Companies Inc. (n/k/a The Bear

nkel LLP By: Stephen M. Sinaiko 1177 Avenue of the Americas New York, New York 10036 (212) 715-9100 Freshfields Bruckhaus Deringer US LLP By: Marshall H. Fishman Gabrielle L. Gould 520 Madison Avenue, 34th Floor New York, New York 10022 (212) 277-4000 Co-Counsel for The Bear Steams Companies Inc., Bear, St

certain of the Disputes are the subject of (a) an arbitration that FTC and COUQ commenced before FINRA Dispute Resolution, Inc. ("FINRA"), entitled Financial Trust Company, Inc., et aL v. The Bear Stearns Companies Inc., et aL, FINRA-DR Case No. 09- EFTA00283091 00979 (the "Arbitration"), and (b) an action that FTC commence

6 Surre 5 I oo DOI WA. 51re Dau..s. Ton 75202-3775 (2141 754-1900 HARDY P. BUSMAN DIRECT DIAL (7 3) 653-7875 August 29, 2011 Gabrielle Gould Marshall H. Fishman FRESHFIELDS BRUCKHAUS DERINGER US LLP 520 Madison Avenue, 34th Floor New York, New York 10022 SUOZ 950 1901 Avenue Or INC STARS Los Moon. Cauro

certain of the Disputes are the subject of (a) an arbitration that FTC and COUQ commenced before FINRA Dispute Resolution, Inc. ("FINRA"), entitled Financial Trust Company, Inc., et al. v. The Bear Stearns Companies Inc., et aL, FINRA-DR Case No. 09- KU 23311357i EFTA00586174 00979 (the "Arbitration"), and (b) an action th

nkel LLP By: Stephen M. Sinaiko 1177 Avenue of the Americas New York, New York 10036 (212) 715-9100 Freshfields Bruckhaus Deringer US LLP By: Marshall H. Fishman Gabrielle L. Gould 520 Madison Avenue, 34th Floor New York, New York 10022 (212) 277-4000 Co-Counsel for The Bear Steams Companies Inc., Bear, St