Epstein Secrets

no reasonable basis or need to explore its discredited theory through a deposition of Mr. Gruss. By way of background, Mr. Gruss was the CFO of the Zwirn entities. He effectively was terminated by DBZ on October 4, 2006, shortly after an internal investigation by Schulte Roth & Zabel LLP ("Schulte Ro

stoppel for the Fund's failure to honor Mr. Zwim's alleged promise and subsequent written redemption requests; • fraudulent inducement because Mr. Zwirn did not intend to honor his alleged promise when it was made on November 13, 2006; and • breach of fiduciary duty and negligent misrepresentation

the Zwirn entities. He effectively was terminated by DBZ on October 4, 2006, shortly after an internal investigation by Schulte Roth & Zabel LLP ("Schulte Roth") concluded that Mr. Gruss was responsible for two instances of financial misconduct. Soon after Mr. Gruss departed, additional instances of Mr. Gru

all. 10 Q. Up to February 14th -- up to February 03:06:39 11 14th, 2007, other than the conversations that 12 you've testified about with Mr. Zwirn, do you 13 recall any other conversations with him? 14 A. Through the date -- there was some 15 conversation, I believe, with respect to Georg

eritext.com EFTA00299289 Page 206 1 Epstein 2 Q. Do you know who prepared it? 3 A. No. 4 Q. Did you have any conversations with Dan 5 Zwirn after this letter was sent? 03:09:03 6 A. Not that I recall. With regard to the 7 investments? 8 Q. With regard to the investments. 9 A.

, Perry Gruss, sometime 5 in the future. 03:16:18 6 That Mr. Kahn had showed up on most of 7 the e-mail with respect to the airplane which 8 Schulte Roth had been -- I believe it was, Schulte 9 Roth had been called in in May of '06, my best 10 recollection, sir, to deal with the issues of the 03:1

equirements applicable to its operations and (iii) retain brokers and borrow money on behalf of the Fund. • August 1, 2003 Agreement - relating to Zwirn's transition out of direct employment by Highbridge to serving as investment advisor of all of the Funds and a Highbridge managed account. See Harr

non-material accounting irregularities. Zwirn claims it was on advice of counsel. JEE speaks to Dubin, Zwirn and Zwirn's counsel (Harry Davis from Schulte Roth) about lie and JEE again demands to redeem FTC's entire investment in the Fund. At this time, it is explained that Zwirn is trying to avoid a run o

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

me by Zwirn caused me to send an additional notice in February 2007 demanding redemption of my entire investment EFTA00729346 • In March 2007, Schulte Roth informed me that both my November 2006 and February 2007 redemption requests were denied. As I have stated previously, Schulte Roth claimed that my

sted $60 MM with Highbridge, who employed Dan Zwirn as a manager. I also invested an additional $20 MM at the beginning of 2005. • In March 2004, Zwirn spun off into D.B. Zwirn and Co. • In September 2004, Highbridge sold most of its interests to J.P. Morgan. Though its is Kirklands' understanding

tations made to me by Zwirn caused me to send an additional notice in February 2007 demanding redemption of my entire investment • In March 2007, Schulte Roth informed me that both my November 2006 and February 2007 redemption requests were denied. As I have stated previously, Schulte Roth claimed that my

apparent to both you and Glenn's own c=unsel that there is a serious problem . In today's email it states that Glenn now admits to k=owing about the Zwirn plane in Sept or Oct of 06.- both before your withdrawal notice of Nov 13.06 . Hi= protestations and rantings at our last meeting, witnessed by his

is couns=l confirmed "Had he known , he would never have convinced you to only=put in for your 80 million withdrawal". He is in a box. We know that Schulte Roth was called in in May 06 , so that is really when=20 he first found out. The money for the plane was taken from the Highbridge managed acct. Highbri

apparent to both you and Glenn's own counsel that there is a serious problem . In today's email it states that Glenn no= admits to knowing about the Zwirn plane in Sept or Oct of 06.- both before your withdrawal notice of Nov 13.06 . His protestations and rantings at ou= last meeting, witnessed by his

is counsel confirmed "Had he known , he would never have convinced you to only put in for your 80 million withdrawal". H= is in a box. We know that Schulte Roth was called in in May 06 , so that i= really when he first found out. The money for the plane was taken from the Highbridge managed acct. Highbridge

apparent to both you and Glenn's own counsel that there is a serious problem . In today's email it states that Glenn no= admits to knowing about the Zwirn plane in Sept or Oct of 06.- both before your withdrawal notice of Nov 13.06 . His protestations and rantings at ou= last meeting, witnessed by his

is counsel confirmed "Had he known , he would never have convinced you to only put in for your 80 million withdrawal". H= is in a box. We know that Schulte Roth was called in in May 06 , so that i= really when he first found out. The money for the plane was taken from the Highbridge managed acct. Highbridge

sted $60 MM with Highbridge, who employed Dan Zwirn as a manager. I also invested an additional $20 MM at the beginning of 2005. • In March 2004, Zwirn spun off into D.B. Zwirn and Co. • In September 2004, Highbridge sold most of its interests to J.P. Morgan. Though its is Kirklands' understanding

tations made to me by Zwirn caused me to send an additional notice in February 2007 demanding redemption of my entire investment • In March 2007, Schulte Roth informed me that both my November 2006 and February 2007 redemption requests were denied. As I have stated previously, Schulte Roth claimed that my