Epstein Secrets

) 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

1 r.wmE ROSIN TARNIFSKY MONICA K. THURMOND NAV/ T94 NL II RG PISA MARIA," YULE MW&ISICE G. WEE BEL A. TvZicrifee. STEVEN J. WILLIAMS WOOD A LAWRENCE & .. WITDORCMIC MARK S. WLAZLO JJyUL KAYE N. YOSHINO TONG YU t TRAC RT EY A. CONE ROBE OMSK). JR. VRF I LLC v. Jeepers, Inc., JAMS Ref. No. 14

E BEL A. TvZicrifee. STEVEN J. WILLIAMS WOOD A LAWRENCE & .. WITDORCMIC MARK S. WLAZLO JJyUL KAYE N. Y

M. Zwirn Asia/Pacific Special Opportunities Fund, M. (the "Asia Pacific Fund"). These funds are referred to collectively herein as the "Funds". The Zwirn Entities M. Zwirn Partners, LLC, the General Partner of the Domestic Fund, the TE Fund and the Asia Pacific Fund prior to the transition from Zwirn

Fund prior to the transition from Zwirn to Fortress ("DBZGP"). M. Zwirn & Co., M., the Investment Manager of the Funds prior to the transition from Zwirn to Fortress ("DBZCO"). The Fortress Entities Fortress Investment Group LLC, a registered investment advisor that is affiliated with the entities t

r Enters into Guaranty Agreements with David Lee, Lawrence Cutler and Other DBZCO Employees Providing Trans

after the Fund self-reported the issues in 2006. At the conclusion of its investigation, the SEC elected not to charge Mr. Zwirn or any of the other Zwirn Parties with any wrongdoing, but charged Mr. Gruss with aiding and abetting violations of the Investment Advisers Act for knowingly misusing his au

COUNTERCLAIMS 42 A. Jeepers Has No Claim for Promissory Estoppel Because There Was No Promise 42 B. Jeepers Has No Claim for Fraud Because Mr. Zwirn Fully Disclosed All Accounting Irregularities and Made No Misrepresentations to Mr. Epstein 43 C. Jeepers's Claim for Breach of Fiduciary Duty o

the Fund. According to the deposition testimony, Lawrence Cutler, the Fund's Chief Compliance Officer, and

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

g V WELLS. JR 14 A. WILKINSON EVEN J. WILLIAMS LAWRENCE I. WITDORCHIC MARK f i4WLAZLO 1.41 . MIGHINO AN

were invalid and set forth the schedule of eligible withdrawal dates for FTC's investments. FTC did not respond to the letter by claiming that Mr. Zwirn had promised to honor FTC's demand for $80 million. 17 EFTA00613924 FTC subsequently submitted a request for complete withdrawal on February 13,

Zwinz & Co., L.P., DBZ GP, LLC, and Zwirn Holdings, LLC EFTA00613904 Table of Contents Preliminary Statement 1 Statement of Facts 2 A. Mr. Zwirn's Personal Background 2 B. DBZ Background 2 I. DBZ's Investment Strategy 3 2. Mr. Zwirn's Role at DBZ 3 3. Mr. Dubin's Involvement with D

nting Improprieties and Response In Spring 2006, Lawrence Cutler, DBZ's Chief Compliance Officer, and David

Epstein Outstanding Legal Invoices as of 12-15-09 Total Outstanding For the period ending Invoice Paid Amount Kirkland & Ellis 2/28/09 - DB Zwirn 8,155.70 0.00 8,155.70 6/30/09 - DB Zwirn 4,115.00 0.00 4,115.00 6/30109 - jane doe 101 litigation 26,334.66 0.00 26,334.66 6/30109 - doj

information: a) Jack Goldberger b) Podhurst c) Lawrence Newman d) Projected invoices thru 3/31/10 is for

15-09 Total Outstanding For the period ending Invoice Paid Amount Kirkland & Ellis 2/28109 - DB Zwirn 8,155.70 0.00 8,155.70 5/31109 - DB Zwirn 1,628.79 1.00 1,629.79 6/30/09 - DB Zwirn 4,115.00 0.00 4,115.00 6/30109 - jane doe 101 litigation 26,334.66 0.00 26,334.66 6/30109 - doj

information: a) Jack Goldberger b) Podhurst c) Lawrence Newman d) Projected invoices thru 3/31/10 is for

Trust, according to court papers. At its peak, the investment was worth $140 million. Mr. Dubin and Mr. Epstein parted professional ways after Mr. Zwirn's fund shut down and Mr. Epstein sued, according to a person close to Mr. Dubin. The two men, however, continued to socialize, with Mr. Epstein join

ummer. He has claimed to have worked closely with Lawrence Summers, the former Treasury secretary and Harvar

From: Zwirn, Dan Sent: Monday, November 13, 2006 5:37 PM To: Cutler, Lawrence D. •i> Subject: FW: Harry 13eller called again -- just fyi for your records

Monday, November 13, 2006 5:37 PM To: Cutler, Lawrence D. •i> Subject: FW: Harry 13eller called again