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

pated in certain financial impropriety at DBZ in 2004 and 2005, and failed to disclose that to Jeepers. On the February 8, 2011 conference call, Mr. Susman noted, in support of this fraud theory against Mr. Zwirn, that the Securities and Exchange Commission ("SEC") has conducted a four-year investigati

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

. Epstein, but continued to liquidate the Highbridge managed account. In a meeting with Jim Windells and Steve Susman, Mr. Dubin was adamant to Mr. Susman that had Mr. Dubin known about the "plane problem," he would have told Mr. Epstein to withdraw his entire investment. When Mr. Dubin made that stat

cited 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 pay a 2% management fee to the Zwim fund, rather than Mr. Epstein's offer of 1.3%. In addition, aft

duction 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 p

. Epstein, but continued to liquidate the Highbridge managed account. In a meeting with Jim Windells and Steve Susman, Mr. Dubin was adamant to Mr. Susman that had Mr. Dubin known about the "plane problem," he would have told Mr. Epstein to withdraw his entire investment. When Mr. Dubin made that stat

kinds of investments the fund made; 3 correct? 4 A. Correct. 5 Q. Prior to October 2006 -- 11:48:45 6 A. Yes. 7 Q. -- you had met Mr. Zwirn once; correct? 8 A. Yes. 9 Q. And you had never spoken to him on the 10 phone; correct? 11:48:56 11 A. To the best -- 12 Q. That you re

03:38 6 Q. And he told you it was managed by Dan 7 Zwirn? 8 A. I doubt it. 9 Q. What did he tell you about Dan Zwirn? 10 A. He said the Zwirn fund was a fund that 11:03:44 11 I should put some money in. 12 Q. Did he tell you why? 13 A. They were going to be doing PIPE 14 investme

at to be sometime 02:13:00 11 around March? 12 A. It meant basically sell keep my 13 position -- yes, I'm sorry, yes. 14 MR. SCHWARTZ: Mr. Susman, you are 15 nodding and shaking your head at different 02:13:13 16 times depending on what's going on. I don't 17 know whether Mr. Epstein see

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.

that? 12 A. I sent it. 13 Q. Do you recall sending that? 14 A. No, not really. 15 Q. It's cc'd to Mr. Glenn Dubin and 03:23:40 16 Mr. Susman; is that correct? 17 A. Yes. 18 Q. Does this refresh your recollection 19 that you in fact asked Mr. Dubin to meet with 20 Perry Gruss and

Verify that he wants Maria Hodge there and confirm with Maria Hodge that she will come. Make sure you have on JE's schedule April 20, 2011 depo in Zwirn and pre days with Susman before then. I am going to get you some more dates from Fowler to put on his calendar as well. Thanks. Darren K. Indyke

aria Hodge there and confirm with Maria Hodge that she will come. Make sure you have on JE's schedule April 20, 2011 depo in Zwirn and pre days with Susman before then. I am going to get you some more dates from Fowler to put on his calendar as well. Thanks. Darren K. Indyke Darren K. Indyke, PLLC 3

Verify that he wants Maria Hodge there and confirm with Maria Hodge that she will come. Make sure you have on JE's schedule April 20, 2011 depo in Zwirn and pre days with Susman before then. I am going to get you some more dates from Fowler to put on his calendar as well. Thanks. Darren K. Indyke

aria Hodge there and confirm with Maria Hodge that she will come. Make sure you have on JE's schedule April 20, 2011 depo in Zwirn and pre days with Susman before then. I am going to get you some more dates from Fowler to put on his calendar as well. Thanks. Darren K. Indyke Darren K. Indyke, PLLC 3

ments in the fund. 9 Q. And did you discuss what the lockup 10 would be for those increases? 09:19:07 11 A. I don't recall. 12 Q. Did Mr. Zwirn tell you that the lockup 13 for those -- did Mr. Dubin tell you that the 14 lockup for any subsequent investment would be on 15 the same calend

s. 09:25:15 16 A. I do not recall that. 17 Q. Are you certain that Mr. Dubin did not 18 tell you that? 19 A. Correct. 20 MR. ARFFA: Mr. Susman, it may be 09:25:27 21 involuntary, but I notice you tend to shake 22 your head up and down. 23 MR. SCHWARTZ: As I have noticed. 24 MR. ARFF