Epstein Secrets

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

LLP 1285 Avenue of the Americas New York, NY 10019 John S. Siffert Lankier Siffert & Wohl LLP 500 Fifth Avenue, 33rd Floor New York, NY 10110 Alan Levine Cooley LLP The Grace Building 1114 Avenue of the Americas New York, NY 10036 Hany P. Susman 1205876v1/011585 20 EFTA00722328

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

ting other relief as this Court may deem just and proper. 45 EFTA00731323 Date!: October 5, 2009 New York, NY COOLEY GODWARD ICRO SH LLP By:. Alan Levine William O'Brien Maxine Sleeper Katie Krajeck 1114 Avenue of the Aznericas New York, New York 10036 (212) 479-6000 Email: [email protected]

m contacted Epstein. The two had not spoken about anything of substance since 2002. Zwim informed Epstein that the Fund's Chief Financial Officer, Perry Gruss, had been terminated over an accounting transaction that was "nonmaterial." Zwim specifically mentioned that more than $3 million in investor money

cas New York, NY 10019 John S. Siffert Lankier Siffert & Wohl LLP 500 Fifth Avenue, 33rd Floor New York, NY 10110 1043197v1/011585 20 , on: Alan Levine Cooley LLP The Grace Building 1114 Avenue of the Americas New York, NY 10036 Stephen D. Susman EFTA00722269