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

quest for a subpoena for Mr. Gruss's deposition testimony should be denied. Res dully/ kS Jo S. i ert Enclosures cc: Stephen D. Susman, Esq. Allan Arffa, Esq. William O'Brien, Esq. William Schwartz, Esq. EFTA00696667

hat they represented the interest of all investors, Claimants could have tried to bring claims against Mr. Zwim on the other investors' behalf; Mr. Zwirn did not intend to release Claimants from their indemnification obligations with respect to such claims. Second, the Zwim Parties and Claimants (and

reement. Claimants' letter followed. Claimants' proposed language is far broader than the Settlement Terms. For example, Claimants propose that the Zwirn Parties release Claimants from all claims "that could have been asserted in the arbitration." This language is not contained in the Settlement Terms

age be adopted, or that in the alternative, Your Honor adopt the language in the Settlement Terms. Respectfully, Ce-Otthee> John S. Siffert cc: Allan Arffa, Esq. (by email) Chet Lipton, Esq. (by email) EFTA00308107

r. Zwim or the Zwim Entities by someone not a party to the Arbitration if those claims related to matters at issue in the Arbitration; and (2) Mr. Zwirn and the Zwim Entities were not releasing Fortress from obligations under any pre-existing agreement between the Zwim Entities and the Claimants exce

cc: Allan Arffa, Esq. (by email) Chet Lipton, Esq. (by email) EFTA00308248 Release language proposed by Lankier Siffert & Wohl LLP A. By the Zwirn Parties Except as provided in Paragraph E of this Part III of the Settlement Agreement, the Zwim Parties, on behalf of themselves and, to the fulle

Honor should adopt the language in the record, leaving for a later day any disputes that may arise. Respectfully, John . Si ert r Enclosure cc: Allan Arffa, Esq. (by email) Chet Lipton, Esq. (by email) EFTA00308248 Release language proposed by Lankier Siffert & Wohl LLP A. By the Zwirn Parties Exc

disclosure of the Fund's financial and accounting irregularities. FTC was one of the Fund's largest and oldest investors. Over the next few months, Zwirn, the Fund and its management employed a combination of misrepresentations and contrived legal arguments to thwart FTC's withdrawal. 1043197v1/01158

is is to certify that a true and correct copy of the foregoing instrument has been served by email and first class mail, this day of Brad S. Karp Allan Arffa Paul, Weiss, Rifkind, Wharton & Garrison LLP 1285 Avenue of the Americas New York, NY 10019 John S. Siffert Lankier Siffert & Wohl LLP 500 Fift

sfer of FTC's interest in the Fund to Jeepers, including without limitation any correspondence between or among any Counterclaimants and any of the Zwirn entities and/or Glenn Dubin regarding the transfer and drafts of any agreements relating to such transfer. 12. Copies of each version of the subsc

that a true and correct copy of the foregoing instrument has been served by email and first class mail, this 17th day of August, on: Brad S. Karp Allan Arffa Paul, Weiss, Rifkind, Wharton & Garrison LLP 1285 Avenue of the Americas New York, NY 10019 John S. Siffert Lankier Siffert & Wohl LLP 500 Fift