Epstein Secrets

ment is dated as of January 1, 2004, but makes some reference to Highbridge sale, so we believe and Davis Polk confirms it was signed later (though Davis Polk could or would not say when). Advisory Agreement contains provisions similar to those provided in August 1, 2003 1 EFTA00722296 employment/trans

on the incentive fee portion of the fee). Agreement is dated as of January 1, 2004, but makes some reference to Highbridge sale, so we believe and Davis Polk confirms it was signed later (though Davis Polk could or would not say when). Advisory Agreement contains provisions similar to those provided in A

volving oversight of sub-advisor DB Zwirn beginning in the Fall 2006." • September 24, 2006 Zwirn calls Jeffrey to advise that he is going to fire Gruss but it is not for material reasons. Jeffrey advises that he wants to redeem FTC's entire investment. • Sepetember 30, 2006. Gruss is fired. • O

this on the advice of -- 19 A. When you say "outside counsel," my 20 outside counsel? 02:18:14 21 Q. Yes, your outside counsel? 22 A. Not Davis Polk or anybody else who was 23 I think somebody else. The answer is no. 24 Q. Let's start with your outside counsel. 25 A. I don't think so. 02:

said, Based on advice of counsel. 11:51:35 16 I said -- which gave me more pause 17 because I said, Whose counsel? He said, Harry 18 Davis of Davis Polk. I said, Are they the fund's 19 counsel, the CFO's counsel, or your personal 20 counsel, now that I had my antenna up that there 11:51:53 21 w

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

n that Zwirn had previously refused to give you an accounting even though you are a partner. Is this still true? At the January 22, 2009 meeting at Davis Polk, Kirkland tells me that they were provided only sketchy information as to a breakdown of the direct or indirect interests in the Funds' general par

paid, so that DSAM still retains an interest in the Zwirn business.] • In October 2006, Zwirn called me to alert me to the fact he had terminated Perry Gruss as CFO for reasons which Zwirn initially claimed were not material. I believe that Zwirn's counsel told you a similar story, but with more details.

tion that Zwirn had previously refused to give you an accounting, though you are a partner. Is this still true. At the January 22, 2009 meeting at Davis Polk, we were provided only sketchy information as to a breakdown of the direct or indirect interests in the Funds' general partner and manager after Ma

at Dubin and Swieca still retains an interest in the Zwirn business. • In October 2006, Zwirn called me to alert me to the fact he had terminated Perry Gruss as CFO for reasons which Zwirn initially claimed were not material. I believe that Zwirn's counsel told you a similar story, but with more details.

tion that Zwirn had previously refused to give you an accounting, though you are a partner. Is this still true. At the January 22, 2009 meeting at Davis Polk, we were provided only sketchy information as to a breakdown of the direct or indirect interests in the Funds' general partner and manager after Ma

at Dubin and Swieca still retains an interest in the Zwirn business. • In October 2006, Zwirn called me to alert me to the fact he had terminated Perry Gruss as CFO for reasons which Zwirn initially claimed were not material. I believe that Zwirn's counsel told you a similar story, but with more details.