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

January 1, 2005 investment [in the Fund]." (Side Letter, Ex. B at 1.) The Side Letter itself states (in its entirety): Re: January 1 Investment in D.B. Zwirn Special Opportunities Fund, L.P. (the "Fund") Dear Mr. Epstein, 6 EFTA00614005 In accordance with Section 9.1 of the Amended and Restated Limi

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

cation.) 18 Q. Have you seen this document before? 19 A. No. 20 Q. This appears to be a memorandum to the 09:57:55 21 limited partners of D.B. Zwirn Special 22 Opportunities Fund; correct? 23 A. It appears to be. 24 Q. And you were one of those limited 25 partners; correct? 09:58:05 VE

rstanding now? 18 A. Yes. 19 Q. And was that understanding based on? 20 A. My understanding is I had one capital 09:15:48 21 account with D.B. Zwirn, that I was the original 22 investor -- one of the original investors in 23 D.B. Zwirn, and the transaction that I structured 24 early on is th

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

Fund from 9 Financial Trust Company to JEEPERS? 10 A. Yes, sir. 02:16:54 11 Q. What was the purpose of that, sir? 12 A. I -- it was to -- D.B. Zwirn had a New 13 York-sourced income that was -- showing New 14 York-sourced income. As my business is a Virgin 15 Islands entity, I wanted to be e

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.

15 NO. DESCRIPTION PAGE 16 17 Exhibit 1, letter 33 18 Exhibit 2, memorandum dated 9/17/04 49 19 from Zwirn to limited partners of 20 D.B. Zwirn special opportunities fund 21 Exhibit 3, invoice from FTC to Resnick 97 22 Exhibit 4, draft consulting agreement 98 23 with fax cover sheet

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

, HCM is to be allocated 46% of the Incentive Fees and Management Fees collected by Highbridge Zwirn Partners, LLC (which later changed its name to D.B. Zwirn Partners, LLC - the General Partner of the Fund), D.B. Zwirn & Co., L.P. (the Fund's Trading Manager) and DB Zwirn GP, LLC (the General Partner of

ations concerning their withdrawal requests, and never documented the promise in any of their communications with any Third-Party Respondent. Also, Zwirn's disclosures to investors were neither misrepresentations, misleading nor negligent. FIRST AFFIRMATIVE DEFENSE 3. Epstein communicated to the Fun

25, 2010 COOLEY LLP By: StX A an Levine William O'Brien Arastu K. Chaudhury 1114 Avenue of the Americas Attorneys for Third-Party Respondents D.B. Zwirn Partners, LLC (n/k/a Irvington Associates, LLC), D.B. Zwirn & Co., L.P. (n/k/a Irvington Management , L.P.), DBZ GP, LLC (n/k/a Irvington GP, LLC

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

hbridge, 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. However, it is Kirkland's understanding that, in substance, DSA

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

hbridge, 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 that, in substance, Dubi

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

coolev.com Email: [email protected] Email: msleeper@,coolev.com Email: kkrajeck(a,coolev.com Attorneys for Defendants D.B. Zwirn & Co., LP. and D.B. Zwirn 'Farmers, LLC EFTA00731324 CERTIFICATE OF SERVICE I certify that the foregoing Answer and Counterclaims of Defendants D.B. Zwim & Co., L.P. and

would request a withdrawal of only $80 million, the Fund would honor the request. Dubin will corroborate Epstein's version of events. 8. Based on Zwirn's promise and his characterization of the events at the Fund, FTC made a request for an $80 million withdrawal on November 13, 2006. 9. After wait

Jeffrey Epstein, provides financial consulting services to third-parties, and FTC also invests its own funds. FTC made the following investments in D.B. Zwirn Special Opportunities Fund, L.P.: • $10 million investment on April 4, 2002; • $10 million investment on September 1, 2002; • $30 million inve