Epstein Secrets

ule.) Because there was no possibility of withdrawing earlier if disclosure occurred earlier, Mr. Zwirn's alleged delay caused no damage. See In re J.P. Morgan Chase & Co. Shareholder Litig., 906 A.2d 808, 827 n.61 (Del. Ch. 2005) (to prove common law fraud, "[the] plaintiff must have suffered substantial damage, not

3 A.2d 818 (Del. 1992) 50 Dittrick v. Chalfant, 948 A.2d 400 (Del. Ch. 2007) 30, 31 Hillman v. Hillman, 910 A.2d 262 (Del. Ch. 2006) 48 In re J. P. Morgan Chase & Co. Shareholder Litig., 906 A.2d 808 (Del. Ch. 2005) 46 In re Mesa Ltd. P'ship Preferred Unitholders Litig., 91 Civ. 12243, 1991 WL 262669 (Del. Ch.

after the Fund self-reported the issues in 2006. At the conclusion of its investigation, the SEC elected not to charge Mr. Zwirn or any of the other Zwirn Parties with any wrongdoing, but charged Mr. Gruss with aiding and abetting violations of the Investment Advisers Act for knowingly misusing his au

COUNTERCLAIMS 42 A. Jeepers Has No Claim for Promissory Estoppel Because There Was No Promise 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 o

r. Epstein brought Highbridge to the attention of Jes Staley, then the CEO of J.P. Morgan Asset Management, and helped 6 EFTA00613913 facilitate J.P. Morgan's purchase of Highbridge. The deal made Mr. Dubin a billionaire. Mr. Dubin paid Mr. Epstein a $20 million finder's fee for facilitating the transactio

were invalid and set forth the schedule of eligible withdrawal dates for FTC's investments. FTC did not respond to the letter by claiming that Mr. Zwirn had promised to honor FTC's demand for $80 million. 17 EFTA00613924 FTC subsequently submitted a request for complete withdrawal on February 13,

Zwinz & Co., L.P., DBZ GP, LLC, and Zwirn Holdings, LLC EFTA00613904 Table of Contents Preliminary Statement 1 Statement of Facts 2 A. Mr. Zwirn's Personal Background 2 B. DBZ Background 2 I. DBZ's Investment Strategy 3 2. Mr. Zwirn's Role at DBZ 3 3. Mr. Dubin's Involvement with D

J. 5. At the same time, and without notifying Mr. Epstein, Highbridge had begun to withdraw its managed account with Mr. Zwirn at the direction of J.P. Morgan. Mr. Zwirn was liquidating the managed account and provided the motivation for fraudulently inducing Mr. Epstein to stay in the Zwirn fund, so that

ding to the Securities and Exchange Commission, remained a sub-advisor through at least 2007. 3. Mr. Epstein has had virtually no contact with Mr. Zwirn, except for a five minute face-to-face introduction and various telephone calls trying to resolve disputes. 4. Glenn Dubin negotiated and solicit

uction and various telephone calls trying to resolve disputes. 4. Glenn Dubin negotiated and solicited each of Mr. Epstein's investments with the Zwirn fund, as well as the commissions and the other terms in respect thereof. For example, at Mr. Zwirn's request, Mr. Dubin requested that Mr. Epstein

ny 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 Staley. 8. All documents concern

ns of the Zwim Fund, after Zwim spun off his business from DSAM (then known as Highbridgc Capital Management, LLC), 1 helped introduce investors to Zwirn, invested my personal and family foundation assets with Zwirn, and my firm allocated assets of Highbridgc Capital Corporation ("I-TCC") to an accou

ny 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 Staley. 8. All documents concern

my personal and family foundation assets with Zwim, and my firm allocated assets of iiighbridge Capital Corporation ("HCC) to an account managed by Zwirn'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 ("E

ndents will produce responsive documents, if any, that may exist. 19. All documents and communications 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 Staley. Response: Respondents obj

responsive documents, if any, that may exist. 7. All documents and communications concerning the allegation in ¶ 59 of the Third-Party Claim that "Zwirn was well-aware in October 2006 of the improprieties detailed in the March 2007 report." 3 EFTA00729272 Response: Respondents object because thi

tober 06, Highbridge demanded that its account at Zwirn be reduced, as third-party managers were no longer allowed under Highbridge's contract with J.P. Morgan. As a result, after Highbridge's securities were redeemed or sold to the remaining Zwirn Funds those in which I was invested), some four to five h

portfolio and therefore should not be responsible, but Kirkland tells me that [there are still questions as to the extent of your interests in the Zwirn entities][Mike shed little light as to the details of that position]. Glenn, you know I only have affection for you and your family. I have felt a

ading Account FINANCIAL TRUST COMPANY 07/31/12 08/30/12 1 528,823 366.790 74.752,955 77.324909 01/01/12 VALUATION YTO Auprel PERFORMANCE J P Morgan. Securmes 4 492193 4.605.277 Olher Bank Accounts 167.527 215.244 JPM (Bear Steams) 5 688.745 5 836.497 INVESTMENTS AP TECHNOLOGV(LEON BLACK

Zwirns Interest in Corbin. JEE will rercieve all distributions unto $2 million and the remaining distributions will be divided 50/50 between JEE and Zwirn 76.000,000 70,000,000 5,000,003 1,000,000 The June 30,2011 valuations(prior to the settlement) valued DBZ at 18,688,906 (May valuation) + 44,850,

ading Account FINANCIAL TRUST COMPANY 07/31/12 08/30/12 1 528,823 366.790 74.752,955 77.324909 01/01/12 VALUATION YTO Auprel PERFORMANCE J P Morgan. Securmes 4 492193 4.605.277 Olher Bank Accounts 167.527 215.244 JPM (Bear Steams) 5 688.745 5 836.497 INVESTMENTS AP TECHNOLOGV(LEON BLACK

Zwirns Interest in Corbin. JEE will rercieve all distributions unto $2 million and the remaining distributions will be divided 50/50 between JEE and Zwirn 76.000,000 70,000,000 5,000,003 1,000,000 The June 30,2011 valuations(prior to the settlement) valued DBZ at 18,688,906 (May valuation) + 44,850,

e will undertake a reasonable search for and produce responsive documents. Request No.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 Staley. Response to Request No.7:

ation. Without limiting the foregoing, Highbridge shall not produce any documents exchanged by the parties in connection with the matter entitled Zwirn v. Corbin Capital Partners, L.P. et al., Index No. 08/603382. Objections to Definitions 1. Highbridge objects to the Definitions to the extent th