EPSTEIN V. ROTHSTEIN 80743

EPSTEIN V. ROTHSTEIN 80743 Index of VOLUME V of Conrad Scherer documents Category Date Description To From Bates Nos. Notes Folder 0000 10/01/09 Harden Insurance Program Manual re Banyon 1031-32, LLC A20556 - 20765 Outlines risk mgmt services and policy info - RRA listed as covered employee for theft, forgery, alteration, loss of securities and money No Date Razorback Funding Summary of A20766 - Managed by Clockwork — Terms re the offering and sale of liability company interests in 20771 Banyon USVI is the borrower — Purchase Razorback funding Price was $46m- Plaintffs are paid monthly out of atty trust acct — Contact person is Chris Podaras No Date Copy of Cover Page for A20772 Looks like it is part of the Razorback/Clockwork/Banyon Summary (See A20766- 20771 No Date Index to Razorback Binder A20773 Lists the items included in the binder — i.e., OP and subscription for Razorback, TD Bank Lock Letter/Balance Report 10/02/09 Loan Agreement between A20774 - Not signed — only initialed Banyon USVI and Razorback 20798 Funding EFTA01106253 10/02/09 Security Agreement between Banyon USVI and Razorback Funding A20799 — 20809 Signed by George Levin for Banyan — no signature for Razorback 10/2/09 Promissory Note between Razorback and Banyon USVI A20810 For the principal sum of $32m - signed by George Levin 10/01/09 Letter re confirming receipt $40.6m in settlement proceeds for 29 pltfs Banyon USVI Rothstein A20811 — I 20899 A20900 - 20988 Includes redacted Confidential Settlement Agreement signed by Pitts and Sales & Transfer Agreement signed on 9/30/09 10/01/09 Letter confirming written wire instructions, attaching incoming wires and chart of wires received with names redacted A20989 — 20995 in response to Rothstein's letter re wire instructions and distribution procedure to be followed upon instruction of only Rothstein or Rosenfeldt and to Banyon do Razorback 10/07/09 Certificate of Insurance insuring Banyon USVI (LLC) for policy period 6/25/09 to 6/25/10 A20996 - 20997 RRA is defined as a covered employee and Razorback is an addt'l insured EFTA01106254 10/19/09 -10/22/09 Email re verification of $30m wired from defendant into the escrow acct ending in 1629 Szafranski Preve, Podaras & Jim Parrish A20998 - 20999 Szafranski writes that he verified that the settlement document has been signed by the plf and def and he also verified that the purchase and transfer does have been signed by Plf and Rothstein No Date Razorback Funding Transaction A21000 - Describes the flow of Flow and flow chart 21002 transaction from the receipt of the funds from the investors to the repayment of the loan 10/01/09 Razorback LLC Company A21003 - Not executed Agreement 21069 09/18/09 Agreement to Form & A21070 - Not executed Contribution Agreement Among 21090 DiScala & Kretschmar 9/18/09 DSquared Holdings, LLC A21091 - Discala has 50% interest Operating Agreement 21125 and Kretschmar has 50% interest Summary of Terms for A21126 -' Contact person is Chris Proposed Preferred Equity 21132 Podaras — Purchase Investment in D3 Capital Club. Price is $18m — LLC Managing members: Discala, Kretschmar, Doug Von Allmen, Podaras, Adam Fisher — LLC formed on 10/7/09 10/15/09 D3 Capital Club LLC Agreement A21133 - Not executed 21165 EFTA01106255 10/?/09 Securities Purchase Agreement By and Among D3 Capital Club, LLC and the Purchasers A21166 - 21182 Not executed 10/14/09 Confidential Settlement A21183 - Signed only by Rothstein Agreement & General Release Between Marsha Foreman & Elite Delivery Systems, LLC 21212 - Does not appear to be related to Epstein litigation 10/20/09 Executed W9 for Related P.R., A21213 — Purchase Price - $3m — Inc. with signed 21216 Mike Sherman is rep from Acknowledgement of Purchase of Securities from D3 Capital Related — Money wired into RRA Atty trust acct #6860420923 No Date Typed Note instructing funds for purchase price for Class A membership interests re D3 A21217 No author or recipient listed on the note — Trust acct is at Commerce Capital Club to be wired to RRA attys trust acct Bank and identified as #6860420923 10/14/09 Letter acknowledging the receipt D3 Capital Rothstein A21218 - Appears to be unrelated of $30m in settlement proceeds from the Defendant (Elite 21222 to Epstein litigation Delivery Systems) w/ attached redacted RRA fee/employment agreement EFTA01106256 10/29/09 Letter advising that Razorback will be making the initial distribution on or about Mon. 11/2/09 Investors (not named) Podaras A21223 - 21226 Also writes that he is providing the transaction documentation for another self-liquidating investment offered by Clockwork referred to as D3-I & offered the opportunity to participate in the D3-I transaction and reinvest all or portion into D3-I No Date Written and unauthored A21227 — Includes the projected description of D3 Capital Club structured settlements 21236 financial info on various investments — provides profit/return info and cash flow analysis on the investment from 10/15/09 through 4/15/10 10/15/09 Letter enclosing balance Rothstein Jennifer A21237 — statement for RRA D3 Trust Kerstetter 21238 Acct #4246051629 - Asst Mgr FTL TD Bank branch 10/15/09 Letter confirming wire instructions Rothstein Frank Spinosa all funds to be distributed only upon Rothstein or Rosenfeldt's instructions for D3 Capital EFTA01106257 List of 25 email contacts of Discala provided to Conrad Scherer by his asst. Liz from Discala's Canvas Financial email acct A021240 — 21241 contacts include, Legamaro, Podaras, Parrish, Kretschmar, Szafranski, Von Allman, Clifford Chance law firm, Fried Frank law firm — Also includes and email from Liz to Bill Scherer stating that all emails from Discala's Canvas email acct will be bound and delivered to Scherer's office 6/02/09 Email attaching draft Non- Disclosure Agreement between Banyon & prospective investors Discala A21242 — 21245 6/03/09 Email confirming mtg at 7:30 and also canceling conference call Bekkedam & Parrish Discala A21246-21248 6/20/09 Email asking for due dilligence Discala & Parrish A21249 - data on Rothstein & Levin for Larry Rovin 21252 Banyon 6/3-6/4/09 Email thread re due diligence Discala Rovin A21253 - 8/20/09 data and questions from Barry about RRA structured settlement process 21256 6/20/09 — Email thread re due diligence Discala Parrish mentions that the law firm 6/22/09 materials for review for preparing Banyon does granted the exchange of info EFTA01106258 6/24/09 Email thread re due diligence Discala Parrish A21261 - 21262 Writes that he would like to know if one can get a security interest in an account other than an escrow account under Fla law 6/29/09 Email thread re due diligence Parrish Discala A21263 Lists items remaining — writes that he wants to understand why or whether co-mingling of monies at the law firm escrow account level can be done, background check on Rothstein, ability to obtain security interest or similar effect with another account 6/04/09 Draft 3 of the Banyon A21264 - Confidential Fund Overview 21267 7/23/09 Draft Proposed Partnership A21268 - Agreement between Banyon & 21270 Clockwork (incomplete) 7/29/09 Email re a few due diligence Discala Parrish A21271 - Follow-up on background issues 21274 check on Rothstein, IOTA accounts and commin led monies 7/29/09 Email re "Evolving" due Parrish A21275 - List of Clockwork Project diligence issues 21279 due diligence procedures to be followed as noted above (See A21271- 21274) EFTA01106259 8/3/09 — Email re Discount Settlements Levin Discala A21280 - Writes that he is 8/4/09 21284 managing a lot of people and investors who are getting restless and is running low on $ due to all of the money he put into play in the last 3 months — in the end, it can be a win win for RRA and usTM. 8/21/09 Email re Auditor for Rothstein Discala Antolik A21285 Inquiry as to whether they know who the auditor for Rothstein is 8/22/09 — Email thread re financial Discala Parrish A21286 - Discusses giving Levin 8/24/09 analysis for George Levin 21291 levarage of addt'l capital 8/25/09 — Email thread re Return numbers Fisher Discala A21292 — Wants to discuss Levin's 8/26/09 for Levin 21293 potential earnings with Fisher ASAP 8/27/09 Email re preparing Banyon Preve Discala A21294 - Needs the Banyon books books 21296 ovemighted to Frank Fried's office 8/29/09 Email thread re Doug's model Discala VonAllme A21297 — Writes that George does n 21303 not need that much money — should maintain contact with Scott and make it known to him that they will fund everything but the shortest paper (leave that for George) 9/05/09 Email re Banyon/Clockwork Discala Preve A21304 - Addresses points re Letter of Intent 21305 settlement and payback EFTA01106260 8/27/09 — 8/28/09 Email thread re the Banyon Proposal Discala & Fisher Rovin A21306 - 21308 Writes that the rate and exclusivity are major issues for George who will not take 20% without assurance of other financing to bring the cost down 9/01/09 Email re Clockwork Discala Rovin A21309 — 21310 Revised proposal — writes that communications need to be kept exclusively between Discala's group, Barry and Rovin 9/02/09 Email re Clockwork Discala Rovin A21311 - 21313 George will agree to a 20% loan arrangement with Clockwork 9/05/09 Email re Frank Fried concerns Discala Preve A21314 There are more than 15 law firms acting as feeder firms to RRA who spends more than $1m per month in a national solicitation program via a "confidential marketing source" that steers hundreds of potential claims to RRA every month — Suggests that someone should spend time at RRA looking at the intake system to understand the massive scale that this operation generates EFTA01106261 9/05/09 Email re Letter of Intent — Banyon Clockwork Discala Preve A21315 — 21318 When it gets to him he will raise points re settlement and payback 9/05/09 Email re Letter of Intent — Banyon Clockwork Discala, Fisher Peters A21319 LOI contemplates a flat fee 9/05/09 Email re Letter of Intent — Banyon Clockwork Parrish Peters A21320 He revised the letter so it reads better re commitment fee 9/10/09 Email re Team bios Discala Barry A21321 Requested the bios for Discala's team members 9/16/09 Email re (No subject) Preve Discala A21322 — Requested insurance 21323 policy and redacted on the blocked account ASAP 9/21/09 — Email re Banyon Parrish & Rovin A21324 — Addresses concerns with 922/09 Discala 21325 the NDA 9/21/09 — Email re Banyon Parrish & Rovin A21326 — Suggests inserting some 9/23/09 Discala 21328 language terminating the NDA in the event Clockwork does not fund 9/25/09 Email re Clockwork Discala Al Rapetti A21329 Needs as much info as possible for his mtg with John Callamos & Barry — wants to cut Barry off needs to know what is going on 9/25/09 Email re Qui Tam Discala Preve A21330 Scott is tied up in hearing 9/25/09 Email re Qui Tam Discala Preve A21331 — Face Amounts of the 29 21334 settlements 10/26/09 Email re Razorback investor Christ confirmation Liz Friedland A21335 Attached the confirmation letter and table of interest earned EFTA01106262 10/21/09 Letter enclosing Razorback Christ Liz A21336 - Statement of Member Interest Friedland 21337 9/16/09 Email re Test Parrish Liz Friedland A21338 Not related to Epstein litigation — Thanked him for his help 9/24/09 Email re 9/24/09 Conf call update Discala, Preve, Fisher Friedland A21339 Provided the call-in info 9/25/09 Email re Clockwork presentation attachment Friedland A21340 Nothing attached and nothing written in the body of the email 9/09 Clockwork Prospectus A21341 - 21355 9/25/09 Email re Draft flow chart Preve Friedland A21356 - Parrish, Podaras & 21358 Discala cc'd 9/25/09 Email re Clockwork docs for Fisher, Friedland A21359 - Q&A's re the qui tam your review Kretschmar, Podaras, Rich Abby & 21360 settlements Rapetti 9/23/09 Term Sheet for Clockwork A21361 -21363 (unsigned) between Discala & Fisher No Date Term Sheet for Settlement Lending Transactions A21364 Repayment of loan will be in four monthly installments 8/09 (day Redacted Confidential A21365 — redacted) Settlement Agreement and 21374 General Release in the qui tam lawsuits 8/7/09 Redacted Form of Sale and A21375 - Transfer Agreement (Plaintiff) 21382 Exhibit A EFTA01106263 8/7/09 Form of Sale & Transfer Agreement (transferee) Exhibit B I A21383 21390 Redacted Redacted letter re confirming the receipt of $1.4m settlement proceeds to be held in RRA trust account Redacted Rothstein name of investor A21391 Redacted Redacted RRA Representation A21392 -21395 Agreement signed by Rothstein Redacted Acknowledgment of A21396 — Assignment/Purchase of 21399 Settlement Proceeds 9/27/09 Email attaching Clockwork presentation Friedland Friedland A21400 Nothing attached Clockwork Presentation A21401 — 21415 9/27/09 Email re Charts and definitions Podaras, Parrish Friedland A21416 EFTA01106264