Case File
efta-efta01108769DOJ Data Set 9OtherTimestamp: 3/142011 12:19:11 PM EST
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DOJ Data Set 9
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efta-efta01108769
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Timestamp: 3/142011 12:19:11 PM EST
Additions to Epstein/Zwirn Chron
Summer
05
$3.6m of firm assets used to pay for the plane
and repaid in 45 days
10/30 Q&A for
Investors
Late
spring
06
DZ discovers the premature payment of
management fees. Brought to his attention by
Company Controller (?). [it apparently went
on for 28 months, so it started at beginning of
04]. At same time discovered the use of fund
assets on one occasion 9 months earlier (i.e.,
summer of 05) to pay non-fund expenses (the
plane)
10/30 Q&A for
Investors
10/11/06 First call to investors simply says that PG is no
longer with the Firm; if pressed for reasons,
disclose that his conduct had no effect on
investments or portfolio
Talking Points
10/30/06 Talking Points for Second Investor calls:
• Two other issues have come to DZ'
attention since PG left
• The two that came to attention before PG
left are apparently: (1) premature
payment of management fees (deprived
investors of $5.4m in interest); (2) in '05
$3.6m of the fund's assets was used for
45 days to pay for non-fund expenses
[this had to be the plane].
• Two additional issues detected since PG
Talking Points—
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departed: (3) reporting error of $3m in
expenses was misapplied in March 06
and reversed in April and May 06; (4)
interfund transfers averaging $108m,
were made thirteen times over thirteen
months from the Offshore to the Onshore
Fund. The amts ranged from $4m to
$125m. Discovered this when someone
(who?) came forward and brought to
attention of our compliance officer
(who?) Since amts were outstanding for
15 months, this had to have started in
June 05.
• There have been no redemption requests.
(Lie!)
• The employees whom we know to be
directly responsible are gone (who?)
3/26/07
Memo to Investors:
• Independent Review started last Oct. and
uncovered additional instances of
inappropriate conduct by CFO and
several individuals who reported to him
[do we know who these are?]
• New stuff uncovered: (1) $117,606 from
the Onshore Fund was used to cover
capital calls for an investment p/s held
personally by three senior professionals
associated with the fund [who?]; (2) the
2
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Management Company failed to return in
a timely fashion $1.6m of the Funds'
assets that were used to obtain letters of
credit; (3) from Jan. 04 to Sep. 06, the
Management Company overcharged the
Funds $12.2m for certain operational
expenses
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