Epstein Secrets

or permission to depose Perry Gruss, DBZ's former Chief Financial Officer. We submit that Jeepers has not met its burden to show good cause why Mr. Gruss's deposition should be taken, and Your Honor should deny permission to take his deposition.' In its February 14, 2011 letter, Jeepers tries to port

r in response to Third-Party Claimants Financial Trust Company, Inc. and Jeepers, Inc.'s (collectively, "Jeepers") request for permission to depose Perry Gruss, DBZ's former Chief Financial Officer. We submit that Jeepers has not met its burden to show good cause why Mr. Gruss's deposition should be taken,

.6399 TELEFAX (212) 764-3701 Re: Fortress VRF I LLC and Fortress Value Recovery Fund I LLC v. Jeepers, Inc. JAMS Ref. No. 1425006537 Dear Judge Carpinello: Third-Party Respondents Daniel B. Zwim, D.B. Zwim & Co. L.P. ("DBZ"), DBZ GP, and Zwirn Holdings, LLC submit this letter in response to Third-Part

F. ATTORNEYS AT LAW 33•" FLOOR 500 FIFTH AVENUE NEW YORK, N. Y. I0110-3398 WWW.LSWLAW.CON February 24, 2011 BY E-MAIL AND FEDEX The Honorable Anthony J. Carpinello JAMS 620 Eighth Avenue, 34th Floor New York, New York 10018 TELEPHONE 12121 921.6399 TELEFAX (212) 764-3701 Re: Fortress VRF I LLC and Fortre

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

D.B. ZWIRN PARTNERS, LLC, D.B. ZWIRN & CO., L.P., DBZ GP, LLC, ZWIRN HOLDINGS, LLC, DANIEL ZWIRN, and Third-Party Respondents Arbitrator: Hon. Anthony J. Carpinello FINANCIAL TRUST COMPANY, INC.'S AND JEEPERS, INC.'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Pursuant to Scheduling Order No. 1, Financial Trust

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

FFERT & WOHL LLP 500 Fifth Avenue New York, New York 10110 (212) 921-8399 Attorneys for Daniel Zwirn Reference No. 1425006537 Arbitrator: Hon. Anthony J. Carpinello (Ret.) THIRD-PARTY RESPONDENTS' PRE-HEARING BRIEF COOLEY LLP 1114 Avenue of the Americas New York, New York 10036 (212) 479-6000 Attorneys for

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

.B. ZWIRN & CO., LP, DBZ GP, LLC, ZWIRN HOLDINGS, LLC, and DANIEL ZWIRN, Third-Party Respondents JAMS Reference No. 1425006537 Arbitrator: Hon. Anthony J. Carpinello (Ret.) CLAIMANTS' PRE-HEARING BRIEF PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, New York 10019-6064 (212)

granted both parties the right to take such pre-hearing testimony of third- I57I529vI/011585 EFTA00585338 party witnesses (e.g., Mr. Dubin and Mr. Gruss), although the Zwim Parties and FTC subsequently elected to pass on the opportunity (preferring instead to call these witnesses to the Hearing itse

venue, 34th Floor New York, NY 10018 Re: FORTRESS VERF I LLC and FORTRESS VALUE RECOVERY vs. JEEPERS, INC. JAMS Ref. No.: 1425006537 Dear Judge Carpinello: Respondents and Counter/Third-Party Claimants Financial Trust Company, Inc. and Jeepers (collectively "FTC") write to raise two issues that have a

Avenue NeveYork, New York 10011.6808 Stephen D. Susman Direct Dial Fax (713) 654-6686 Direct Dial (pa) 653-7801 E-Mail VIA EMAIL The Honorable Anthony J. Carpinello JAMS 620 Eighth Avenue, 34th Floor New York, NY 10018 Re: FORTRESS VERF I LLC and FORTRESS VALUE RECOVERY vs. JEEPERS, INC. JAMS Ref. No.: 142