Cooley

Cooley Arastu K. Chaudhury July 11, 2011 Seth Ard, Esq. Susman Godfrey LLP 560 Lexington Ave, 15th Fir New York, New York 10022 RE: Fortress VRF I LLC, et al. v. Jeepers, Inc. Dear Seth: CONFIDENTIAL BY HAND Enclosed please find the original signature page and notarized errata sheet for the deposition of David Lee. Please let us know if you have any questions. Sincere! Arastu K. Chaudhury Enclosure 1114 AVENUE OF THE AMERICAS. NEW YORK. NY 10036 T: F: WWW.COOLEY.COM EFTA01077361 Page 198 1 2 3 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ERRATA SHEET VERITEXT REPORTING COMPANY 1250 Broadway New York, New York 10001 CASE: Fortress v. Jeepers DEPOSITION DATE: June 1, 2011 DEPONENT: David Lee PAGE/LINE(S)/ CHANGE REASON / / / / / / / / / / / / / DAVID LEE SUBSCRIBED AND SWORN TO BEFORE ME THIS la DAY OF geicarzr_fg. deria/2--E2_ 2011. ALICIA B BURSOR - feree1/4-0 NOTARY PUBLIC, STATE OF NEW YORK Registration No. 01806159119 Qualified In Kings County la u a irti 49 2015 .'1 1€ ?r., NOTARY PUBLIC DATE COMMISSION EXPIRES VERITEXT REPORTING COMPANY EFTA01077362 Exhibit A — David Lee Errata Sheet Pan Line Currently Reads Should Read Reason 8 4 Dan Zwim & Co. D. B. Zwirn & Co. Transcription Error 8 22 with me at Dan Zwirn. with me at D. B. Zwim. Transcription Error 12 24 It was funded by Dan Zwim to make It was funded by D. B. Zwirn to make Transcription Error 18 11 services that provided those two industries. services that supported those two industries. Transcription Error 24 15 Not flattering things. Non-flattering things. Transcription Error 34 11 I'm not sure whether that was a I'm just not sure whether that was a Transcription Error 43 6 office, and we asked Alisa to yet again explained office, and we asked Alisa to yet again explain Transcription Error 43 9 brought to our attention had brought to our attention Transcription Error 50 10 have the liquidity at that point in time to repay have the cash liquidity at that point in time to repay Transcription Error 50 21 I can't recall specific number I can't recall a specific number Transcription Error 53 2-3 I don't recall speaking to Glenn prior to that second call to investors directly. I don't recall speaking to Glenn prior to that second round of investor calls directly. Transcription Error 64 5 couldn't just withdraw their money on demand. But just couldn't withdraw their money on demand. But Transcription Error 66 7 withdraw to — or making a request to withdraw withdrawal to — or making a request to withdraw Transcription Error 71 16 how he came to value the assets and came up with a how he came to value the assets and come up with a Transcription Error 73 10 interest on the onshore fund to a newly formed New interest in the onshore fund to a newly formed New Transcription Error 76 13 valid redemption, so we didn't look at it this valid redemption, so we didn't look at it that Transcription Error 77 23 My recollection is it was executed My recollection was it was executed Transcription Error 78 5 Harry on January 31n, 2007, when I returned. I Harry on January 31g, 2007, which I returned. I Transcription Error 81 19 verbally abusing our IR staff with regard to verbally abusing our junior IR staff with regard to Transcription Error 83 3 Well, that's-1 almost-1 always Well, that's—I almost, not almost—I always Transcription Error 83 15 conversation with Harry—that we had to send a conversation with Harry—but that we had to send a Transcription Error 90 19 the practical efficacy of not allocating any new the practical effect of not allocating any new Transcription Error 92 3 saying if it rains I'll get what. So I don't saying if it rains I'll get wet. So I don't Transcription Error 96 14 prepare state-of-the-firm talking points. I do preparing state-of-the-firm talking points. I do Transcription Error 103 4 loans were repaid by the end of 2006. notes were repaid by the end of 2006. Transcription Error EFTA01077363 Page Line Currently Reads Should Read Reason 103 14 funds to other funds, and those were documents as funds to other funds, and those were documented as Transcription Error 104 12 made any comments on that crypt. made any comments on that script. Transcription Error 108 22 I can't recall specifically this I really can't recall specifically this Transcription Error 109 23 per our conversation, I hereby instruct you to per our conversation, I hereby instruct you to immediately Transcription Error 110 13 that he was ever promised Jeffrey $80 million. that he would have ever promised Jeffrey $80 million. Transcription Error 115 4 bizarre nature of this response, but critical to bizarre nature of this process, but critical to Transcription Error 118 4 D.B. & Co., the management company. D.B.Z. & Co., the management company. Transcription Error 125 25 that he was berating on February 14*. I think 1 that he was berating people on February 14th. I think I Transcription Error 128 19 letter. letter timeframe. Transcription Error 133 4 No. Yeah, I'm finished, No. I have finished, Transcription Error 136 22 to. The memory that sticks out in my mind is to. The memory that sticks out in my mind was Transcription Error 137 3 It was sort of like watching a Woody Allen movie. It was almost like watching a Woody Allen movie. Transcription Error 143 17 My recollection is, in light of the My recollection is that in light of the Transcription Error 145 22 this letter. his letter. Transcription Error 148 17 It would permit greater but not in a It would permit greater but not in any Transcription Error 152 4 Because I thought it would be entering Because I thought it would be interesting Transcription Error 154 I 1 He is the managing partner of the He is the managing partner of Transcription Error 155 9 I said I don't really recall telling I said I specifically don't really recall telling Transcription Error 156 I I with the internal investigation. There were with the internal investigation. The Transcription Error 159 3 Right. Correct. Transcription Error 160 12 And what were the situations? And what were the speculations? Transcription Error 163 16 Meeting in Glenn's conference MOM In a meeting—meeting in Glenn's conference room Transcription Error 164 10 managed. So we weren't letting them go; we were managed. So we weren't, quote, letting them go; we were Transcription Error 166 23 No. No. Not at all. Transcription Error 169 6 necked "whereas" clause. It says, whereas DSAM second "whereas" clause. It says, whereas DSAM Transcription Error 177 20 I believe them to be a fund-to- fund I believe them to be a fund-of-fund Transcription Error 178 2 My understanding is that when Glenn was My understanding was that when Glenn was Transcription Error 181 5 The only think I can really think The only thing I can really think of Transcription Error EFTA01077364 Paee Line Currently Reads Should Read Rows of was was 186 7 And I don't know what's left anymore. And I don't know what's left in it anymore. Transcription Error 189 6 investments in the offshore fund? investments in the onshore fund? Transcription Error 190 24 the Dan Zwim affiliates, so no. the D. B. Zwim affiliates, so no. Transcription Error 192 19 It could be a potential risk in It could create a potential risk in Transcription Error 192 4 trader trade or Transcription Error EFTA01077365 Page 193 1 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lee - Confidential THE VIDEOGRAPHER: This is the end of today's deposition. The time is 2:42. We're off the record. (Time noted: 2:4 DAVID LEE Subscribed and sworn to before me /at this _a_ day of j,,i1ti 2011. a/4?-4i .9-moaso ALICIA B BURSOR - PriaatALD NOTARY PUBLIC, STATE OF NEW YORK Registration No. 018116159119 Qualified In Kings County Commission Expires Jet Warr 02:42:13 VERI l'EXT REPORTING COMPANY www.veritext.com EFTA01077366