Epstein Secrets

nd down payment for letter of credit • Confirmed: SRZ conclusions • Gruss knew about and approved use of LP and HCM/Z money • Mixed evidence on Kahn's knowledge Subject to Confidentiality Agreement of 11/14/2006 GIBSON, DUNN SiCRCTCHER-LLP EFTA00727164 II. Detailed chronology A. Pre-closing

of any discussions about the transfers from LP or HCM/Z for plane-related expenses • But any transfer of fund and managed account money required Gruss' approval, which she received Spbject to Confidentiality Agreement of 11/14/2006 • GIBSONcDUNN &4CRUICRI::RILP • • EFTA00727180 Witness Persp

ent of 11/14/2006 EFTA00727171 Closing (cont.) ■ Both payments made from LP account. See Tab 20-21 ■ All payments from LP or HCM/Z approved by Gruss. See Tabs 20-21 & 30 Subject to Coadeatiality Agreement of 11/14/2006 EFTA00727172 Transfers Using Fund/Managed Account Money 9/28/05 HCM/Z Sp

were properly financed, and that Gruss held himself out to be qualified to perform these functions. 4 EFTA00731282 20. Admit that Harold Kahn ("Kahn") was hired in April 2005 to serve as the Company's Chief Operating Officer; and otherwise deny the allegations of Paragraph 20, except aver that G

a partner in the Company and a member of DBZLLC and was the Chief Financial Officer and Chief Administrative Officer of the Company. 4. Aver that Gruss was effectively terminated from the Company and DBZLLC, resigning on the verge of being fired, on or about October 4, 2006, and otherwise deny the

tence of Paragraph 16. 17. Deny the allegations of Paragraph 17, except admit that the Fund Controllers and the Operations department reported to Gruss and worked under his supervision; that they had responsibilities concerning accounting and record-keeping; that they worked with the Funds' Adminis

s having a hard time getting a loan for $10m in the fall of 05 because of its negative cash flow? (p. 9) 4) SR also concluded that "at a minimum, Kahn was willfully blind to the fact that client money was being used to buy the plane, because he assumed the management company was paying for the p

oney, he will call William Louis Dreyfus to let him know that HB wouldn't be moving forward with DBZ &Co on some energy joint venture? f. As Mr. Gruss said that was "not good"? 8. X-525 also makes clear that at various times the Fund had a liquidity problem? a. X-173 starts with a 11/18/04 emai

incentive fee deferrals was done to provide tax advantages, but left the company without enough cash to pay expenses? (p3) 2) SR concluded that Gruss approved the premature payment of management fees and the use of fund monies to pay your plane expenses? 19 EFTA00624882 Timestamp: 7/212011 5:

3 that the -- he thought that the SEC might file an 4 investigation against him, Perry Gruss, sometime 5 in the future. 03:16:18 6 That Mr. Kahn had showed up on most of 7 the e-mail with respect to the airplane which 8 Schulte Roth had been -- I believe it was, Schulte 9 Roth had been c

hs. 25 Q. Who was present? 03:14:49 VERITEXT REPORTING COMPANY www.veritext.com EFTA00299294 Page 211 1 Epstein 2 A. I believe just Mr. Gruss and me. 3 Q. Who set up the meeting? 4 A. I did. 5 Q. How? 03:15:05 6 A. I called him. 7 Q. And asked if he would meet with you? 8

ate a bunch of 18 conversations, it was all the fact that Dan Zwirn 19 was a crook. 20 Q. Did you ever have a conversation with 03:14:36 21 Perry Gruss? 22 A. Yes. 23 Q. When was that? 24 A. In the past two months. 25 Q. Who was present? 03:14:49 VERITEXT REPORTING COMPANY www.veritext

REPORTING COMPANY www.veritext.com EFTA00299205 Page 122 1 Epstein 2 negligence and a fiduciary obligation of Perry 3 Gruss, Dan Zwirn, Mr. Kahn, whoever I'm 4 unfamiliar with his first name -- that no one made 5 disclosure to me at any relevant time so that each 11:41:21 6 one had brea

126 1 Epstein 2 A. Yes. 3 Q. He lied to you about the airplane? 4 A. He lied that the things that he 5 represented were the reasons that Gruss were fired 11:45:55 6 were strictly immaterial. He said the phrase that 7 it was immaterial was a lie. 8 Q. Anything else you recall him using