Epstein Secrets

eepers, Inc., Respondent ALAN W. KORNSERG DANIEL J. KRAMER 2AVID K. LAKTIONIR TIOTHIN P LAMB* MOON . Lang; DANIEL4 kgr•ELL XIAO'YLI R • LIU JEFFREY MARELL MARCO MASOTTI EDWIN S. MAYNARD DAVID W. MAYO ELIZABETH R. MCCOLM MARK I F. MENDELSOHN • SY S. MYERSON J MN E NATHAN NE NYARADY

L L REISNER WALTER G. RICCIARIM WALTER RIEMAN RICHARD A. ROI1N ANDREW N ITO NIIRG J ROTHEN•ERG JACQUELINE P RAPHAEL M RUSSO JE CCCCC D. SA EPSTEIN JEFFREY SARROSAMUELS rt KENNETH MNIMITAEIDER ROBERT •. SCHUMER JAMES H. SCHWAB ./Q14N M. SCOTT STEPHEN J. IMSHAK DAVID . MOSES •ILVERMAN

G J ROTHEN•ERG JACQUELINE P RAPHAEL M RUSSO JE CCCCC D. SA EPSTEIN JEFFREY SARROSAMUELS rt KE

amounts as the General Partner shall determine." Mr. Epstein concedes he did not read the LPA prior to investi

Zwim Special Opportunities Fund, L.P. k/n/a Fortress Value Recovery Fund I LLC ((the) "Fund"), [and] D.B. Zwim Partners, LLC, D.B. Zwim & Co. L.P., DBZ GP LLC, Zwirn Holdings LLC, and Daniel Zwirn [together, the "Zwim Parties")." (Financial Trust Company, Inc.'s and Jeepers Inc.'s Motion In Limine to Excl

kground 2 I. DBZ's Investment Strategy 3 2. Mr. Zwirn's Role at DBZ 3 3. Mr. Dubin's Involvement with DBZ 4 4. DBZ's Lock-Ups 4 C. Mr. Epstein's Relationship with Mr. Dubin 6 D. FTC's Investments in the Fund 7 E. Accounting Improprieties at DBZ 8 F. DBZ's Discovery of Accounting Imp

Third-Party Claimants Financial Trust Company, Inc. and Jeepers, Inc. (together, "FTC"). Preliminary Statement At no time did Daniel Zwim promise Jeffrey Epstein that FTC could immediately withdraw $80 million of its investments in DBZ's Fund. Mr. Epstein's claim that Mr. Zwim made such a promise is a newly

ary Statement At no time did Daniel Zwim promise Jeffrey Epstein that FTC could immediately withdraw $80

volvement with DBZ 4 4. DBZ's Lock-Ups 4 C. Mr. Epstein's Relationship with Mr. Dubin 6 D. FTC's Inves

in 2006. The funds had over 150 investors. Third—Party Respondent D.B. Zwim Partners, LLC was the Fund's General Partner.' ' Third-Party Respondent DBZ GP LLC was DBZ's General Partner. Third-Party Respondent Zwim Holdings LLC was a member of DBZ GP LLC and D.B. Zwim Partners, LLC. Under Delaware law„ Zwi

omise 42 B. Jeepers Has No Claim for Fraud Because Mr. Zwirn Fully Disclosed All Accounting Irregularities and Made No Misrepresentations to Mr. Epstein 43 C. Jeepers's Claim for Breach of Fiduciary Duty or Negligent Misrepresentation Against Mr. Zwirn and the Other Zwirn Parties 47 III. JEEPER

in June 2009, VRF I LLC became the managing member of the Fund. The dispute centers on whether or not Jeepers, an investment vehicle controlled by Jeffrey Epstein, complied with the rules of the Fund when it attempted to withdraw money from the Fund. Claimants have no direct financial interest in this dispute

not Jeepers, an investment vehicle controlled by Jeffrey Epstein, complied with the rules of the Fund whe

Irregularities and Made No Misrepresentations to Mr. Epstein 43 C. Jeepers's Claim for Breach of Fiduciary

Fund. Third-Party Respondent D.B. Zwirn & Co. L.P. was the investment manager for the Fund (the "Zwim Investment Manager"). Third-Party Respondent DBZ GP LLC was the general partner of the Investment Manager (the "Zwirn Investment Manager GP"). Third- Party Respondent Zwirn Holdings LLC was a holding comp

vent of a third-party claim brought against them in which certain of the allegations in such a claim were somewhat similar to those asserted by Mr. Epstein (or his company, Jeepers, Inc.) in the Arbitration. Claimants believe the proposed release language for the New Agreement quoted above accurately c

INSELIG IJEFFREY D tArr I?. SAF KU° ERSTIIN JEFFREY B. SAMUEL0 DALE M. SARRO TERRY E. daRIMER KENN

claim were somewhat similar to those asserted by Mr. Epstein (or his company, Jeepers, Inc.) in the Arbitratio

the parties. That issue concerns the release of Claimants by Third-Party Defendants Daniel B. Zwirn, D.B. Zwim Partners LLC, D.B. Zwirn & Co. L.P., DBZ GP LLC and Zwim Holdings LLC (collectively, the "Zwim Parties"). In Claimants' view, the Zwirn Parties are unfairly seeking to narrow the scope of the rel