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, California goo67.6o2g Seattle, Washingtongazoa-3000 Stephen D. Susman Direct Dial Fax Direct Dial E-Mail DRAFT December 8, 2009 VIA E-MAIL Jeffrey E. Epstein Financial Trust Company, Inc. 457 Madison Avenue, 4'h Floor New York, New York 10022 Re: D.B. Zwirn Special Opportunities Fund, L.P. Dear Jeffr
ial E-Mail DRAFT December 8, 2009 VIA E-MAIL Jeffrey E. Epstein Financial Trust Company, Inc. 457 Madi
Re: D.B. Zwirn Special Opportunities Fund, L.P. Dear Jeffrey: This Agreement describes the terms and conditio
DRAFT December 8, 2009 VIA E-MAIL Jeffrey E. Epstein Financial Trust Company, Inc. 457 Madison Avenu
ial E-Mail DRAFT December 8, 2009 VIA E-MAIL Jeffrey E. Epstein Financial Trust Company, Inc. 457 Madis
pportunities Fund, L.P. ("Fund"), D.B. Zwirn Partners, LLC, D.B. Zwim & Co., L.P., Zwirn Holdings, LLC, Glenn Dubin, Highbridge Capital Management, Dubin & Swieca Asset Management, and any of their successors or predecessors in interest for damages arising out of your investments in the Fund (all such claims are collectively
1. Jeffrey Epstein and Financial Trust Company, Inc. invested hundreds of millions of dollars with Highbridge as an investment manager with its many sub-advisors from
ose sub-advisors beginning in 2002 and, according to the Securities and Exchange Commission, remained a sub-advisor through at least 2007. 3. Mr. Epstein has had virtually no contact with Mr. Zwim, except for a five minute face-to-face introduction and various telephone calls trying to resolve dispute
1. Jeffrey Epstein and Financial Trust Company, Inc. investe
mained a sub-advisor through at least 2007. 3. Mr. Epstein has had virtually no contact with Mr. Zwim, excep
e was doing so. Later, Mr. Zwirn and his company actually entered into an agreement to buy out for $30 Million Mr. interest (i.e., the interest of Dubin & Swieca Asset Management) in Mr. Zwirn's company that was managing the Highbridge managed account and used management and incentive fees paid by Highbridge in respect of it
. 6. All documents concerning any request by any of the Third-Party Claimants to withdraw any amounts from the Fund. 7. All documents concerning Jeffrey Epstein's involvement in J.P. Morgan's investment in Highbridge Capital Management, including but not limited to the introduction of Glenn Dubin to Jes Stale
m's company which was also the investment manager of the Zwim Fund. 3. One of the early investors that I introduced to Zwim was Jeffrey Epstein ("Epstein"). Epstein was both a pssonal friend of mine and a long-time investor in TICC. My understanding is that beginning in 2002 Epstein invested assets in
. DEFINITIONS 1. "Third-Party Claimants" means Jeffrey Epstein, Financial Trust Company, Inc. and Jeepe
. Each of µhe facts and statements herein is true and correct 2. Starting in 2002, an entity that I both owned and controlled, currently known as Dubin & Swieca Asset Management, LLC ("DSAM"), owned interests in the general partner and in the investment manager of D.B. Zwim Special Opportunities Fund, L.P. (the "Zwim Fund")
. 6. All documents concerning any request by any of the Third-Party Claimants to withdraw any amounts from the Fund. 7. All documents concerning Jeffrey Epstein's involvement in J.P. Morgan's investment in Highbridge Capital Management, including but not limited to the introduction of Glenn Dubin to Jes Stale
n's company which was also the investment manager of the Zwim Fund. 3. One of the early investors that I introduced to Zwim was Jeffrey Epstein ("Epstein"). Epstein was both a personal friend of mine and a long-time investor in HCC. My understanding is that beginning in 2002 Epstein invested assets in
. DEFINITIONS 1. "Third-Party Claimants" means Jeffrey Epstein, Financial Trust Company, Inc. and Jeepe
Each of the facts and statements herein is true and correct. 2. Starting in 2002, an entity that I both owned and controlled, currently known as Dubin & Swieca Asset Management, LLC ("DSAM"), owned interests in the general parmer and in the investment manager of D.B. Zwim Special Opportunities Fund, L.P. (the "Zwim Fund").
While Zwim was responsible for the day-to-day management and operations of the Zwim Fund, after Zwirn spun off his business from Hlghbridge /Zwim, [Jeffrey. we do not identify Highbridge/Zwim anywhere previously. Isn't it better to indicate that Zwim used to be affiliated with DSAM, the entity that Gle
unt managed by Zwim's company which was also the investment manager of the Zwim Fund. 3. One of the early investors that I introduced to Zwirn was Jeffrey Epstein ("Epstein"). Epstein was both a personal friend of mine and a longrtimeervit investor in EFTA00727481 HCC. My understanding is that Epstein subse
's company which was also the investment manager of the Zwim Fund. 3. One of the early investors that I introduced to Zwirn was Jeffrey Epstein ("Epstein"). Epstein was both a personal friend of mine and a longrtimeervit investor in EFTA00727481 HCC. My understanding is that Epstein subsequently dec
Each of the facts and statements herein is true and correct. 2. Starting in 2002, an entity that I both owned and controlled, currently known as Dubin & Swieca Asset Management, LLC ("DSAM"), itself-owned interests in the general partner and in the investment manager of.. Zwirn Special Opportunities Fund, (the "Zwirn Fund
unt managed by Zwim's company which was also the investment manager of the Zwim Fund. 3. One of the early investors that I introduced to Zwirn was Jeffrey Epstein ("Epstein"). Epstein was both a personal friend of mine and a longrtimeerm investor in HCC. My understanding is that beginning in 2002 Epstein sub
's company which was also the investment manager of the Zwim Fund. 3. One of the early investors that I introduced to Zwirn was Jeffrey Epstein ("Epstein"). Epstein was both a personal friend of mine and a longrtimeerm investor in HCC. My understanding is that beginning in 2002 Epstein subsetitientir
he early investors that I introduced to Zwirn was Jeffrey Epstein ("Epstein"). Epstein was both a personal
Each of the facts and statements herein is true and correct. 2. Starting in 2002, an entity that I both owned and controlled, currently known as Dubin & Swieca Asset Management, LLC ("DSAM"),_ itaclf owned interests in the general partner and in the investment manager ofd. Zwirn Special Opportunities Fund, M. (the "Zwirn F
unt managed by Zwim's company which was also the investment manager of the Zwim Fund. 3. One of the early investors that I introduced to Zwirn was Jeffrey Epstein ("Epstein"). Epstein was both a personal friend of mine and a longrtimeerm investor in HCC. My understanding is that beginning in 2002 Epstein sub
's company which was also the investment manager of the Zwim Fund. 3. One of the early investors that I introduced to Zwirn was Jeffrey Epstein ("Epstein"). Epstein was both a personal friend of mine and a longrtimeerm investor in HCC. My understanding is that beginning in 2002 Epstein subsetitientir
he early investors that I introduced to Zwirn was Jeffrey Epstein ("Epstein"). Epstein was both a personal
Each of the facts and statements herein is true and correct. 2. Starting in 2002, an entity that I both owned and controlled, currently known as Dubin & Swieca Asset Management, LLC ("DSAM"),_ itaclf owned interests in the general partner and in the investment manager ofd. Zwirn Special Opportunities Fund, M. (the "Zwirn F
sponds to the individual requests as follows: Documents Requested Request No.1: 2 EFTA00729260 All documents concerning any investments made by Epstein, Jeepers or FTC in the Fund, including, but not limited to, all documents concerning: (a) any decision to make, retain or liquidate such investment
ce responsive documents, if any, that may exist. Request No. 13: All documents concerning Glenn Dubin and/or Highbridge Capital Management (n/k1a Dubin & Swieca Asset Management, LLC) that relate to: (a) any investment by Epstein, Jeepers or FTC in the Fund; (b) any conversation between or among Epstein, Dubin and Daniel Zw
Entities connected to both Jeffrey Epstein and Dubin & Swieca Asset Management

United States
LOCATION
JPMorgan Chase
ORGANIZATION
Glenn Dubin
PERSON
Jes Staley
PERSON
Stephen Hawking
PERSON
Financial Trust Company
ORGANIZATIONZwirn
PERSONJeepers, Inc.
ORGANIZATIONAnthony J. Carpinello
PERSON
Highbridge Capital Management
ORGANIZATIONZWIRN HOLDINGS
ORGANIZATIONDANIEL ZWIRN
PERSONSUSMAN GODFREY
ORGANIZATIONWilliam O'Brien
PERSONHighbridge Capital Corporation
ORGANIZATIONJUDICIAL ARBITRATION
ORGANIZATIOND.B. Zwirn Special Opportunities Fund
ORGANIZATIONJohn S. Siffert
PERSONDaniel Zwim
PERSONthe Zwirn Parties
LOCATION