Epstein Secrets

the "oral contract" claim and Claimants' claim for a declaration of Jeepers's rights with respect to the Fund. Additionally, we understand that the Zwirn Parties contend that the extrinsic evidence is, in any event, relevant to their "exculpatory clause" defense to Jeepers's fraud and breach of fiduci

and contemporaneous e-mails concerning the Side Letter, (see, e.g., December 2004 E-mail Correspondence between Mr. Zwim and Mr. Dubin, Ex. K (Mr. Zwirn: "we're done, ftc in for $20mi1 jan 1 L.P. . . . This is the last 2 year money will 20 EFTA00614019 take from anyone of course"; Mr. Dubin: "of c

cases cited in the memorandum. Re Iectfullysubmitted, Attachments cc: Harry Susman (counsel for Financial Trust Company, Inc. and Jeepers, Inc.) John Siffert and Daniel Reynolds (counsel for Daniel B. Zwini) William Schwartz and William O'Brien (counsel for D.B. Zwim Partners, LLC; D.B. Zwim & Co., L.P.;

) It is also important to note that similar language is used in other portions of the New Agreement for other releases—including the release of the Zwirn Parties by EFTA00306063 PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP Hon. Anthony J. Carpinello (Ret.) 4 Claimants—that was based on release la

reconsidered their position. We look forward to mediating this final issue with you. Respectfully submitted, Enclosures cc: Harry Susman, Esq. John Siffert, Esq. Daniel Reynolds, Esq. William Schwartz, Esq. William O'Brien, Esq. Darren K. Indyke, Esq. James H.R. Windels, Esq. EFTA00306065

ich no response is required. 7. Admit the allegations of Paragraph 7. 2 EFTA00731280 8. Deny the allegations of Paragraph 8, except admit that Zwirn lives in New York, New York, and at times was referred to as the "Managing Partner" of the Company; and aver that Zwirn was the managing member of

. Liddle & Robinson, LLP 800 Third Avenue New York, NY 10017 [email protected] [email protected] [email protected] John Siffert, Esq. Lankier Siffert & Wohl LLP 500 Fifth Avenue, 33n0 Floor New York, NY 10110 jsiffert(alswlaw.com drevnolds0swlaw.com [email protected] Date

bin Capital Partners Group, LLC, a Delaware limited liability company, is the general partner of CCP LP (the "General Partner"). CCP LP has advised Zwirn that CCP LP is governed by that certain Third Amended and Restated Limited Partnership Agreement, dated as of January I, 2010 (as the same may from

HIS CONSENT TO SERVICE OF PROCESS BY MAIL IS MADE FOR THE EXPRESS BENEFIT OF THE OTHER PARTY HERETO. 7. Miscellaneous. 5 EFTA00307938 Attention: John Siffert, Esq. Facsimile No.: 7.1 Notices. All notices, elections, consents, approvals, demands, objections, requests or other communications which any Pa