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

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 Exclude Extrinsic Eviden

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

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„ Zwirn Holdings LLC cannot be held liable solely on the basis of its membership in the limited liability companies. 6 Del. C. § 18-303; see also Thomas v. Hobbs, 2005 W

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

"). 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 company that held interests in the 4 EFTA00613948 Zwirn Fund GP and the Zwirn Investment Manager GP. Third-Party Respondent Daniel