Epstein Secrets

ities" referred to in paragraph 6 of the Response and paragraph 47 of the Demand. 32. All documents concerning the independent review conducted by Gibson Dunn during 2006 and 2007. 33. All documents concerning the Report of the Independent Review as described the March 26, 2007 report to investors in th

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 to conduct an independent investigation of the issues that had come to light, with the assistance of Deloitte & Touche as special accountant. The Gibson Dunn partners assigned to this investigation were a former Executive Vice President for Enforcement of NASD, who had also formerly served as Chief 32 E

a partner in the Company and a member of DBZLLC and was the Chief Financial Officer and Chief Administrative Officer of the Company. 4. Aver that Gruss was effectively terminated from the Company and DBZLLC, resigning on the verge of being fired, on or about October 4, 2006, and otherwise deny the

tence of Paragraph 16. 17. Deny the allegations of Paragraph 17, except admit that the Fund Controllers and the Operations department reported to Gruss and worked under his supervision; that they had responsibilities concerning accounting and record-keeping; that they worked with the Funds' Adminis

ipt, and even received his own script to use if he was contacted by investors about the issues. Because of the newly discovered issues, DBZ retained Gibson Dunn to conduct a full investigation into any accounting improprieties at DBZ, and Mr. Zwirn delegated authority over I0 EFTA00613917 the investigati

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

you didn't know about the reasons for the deferrals of management fees (138), and that whatever you knew about these things came from SR and then Gibson Dunn (139) 11. The next day you met with GD to bring him up to speed on the SR findings and to help you decide what to do about them? (141) 12. What w

oney, he will call William Louis Dreyfus to let him know that HB wouldn't be moving forward with DBZ &Co on some energy joint venture? f. As Mr. Gruss said that was "not good"? 8. X-525 also makes clear that at various times the Fund had a liquidity problem? a. X-173 starts with a 11/18/04 emai

incentive fee deferrals was done to provide tax advantages, but left the company without enough cash to pay expenses? (p3) 2) SR concluded that Gruss approved the premature payment of management fees and the use of fund monies to pay your plane expenses? 19 EFTA00624882 Timestamp: 7/212011 5: