EFTA00307193Set 9
2011-06-20101p32,279w
WTAS
VALUATION SERVICES GROUP
AliphCom
Common Equity Valuation as of June 20, 2011
CONFIDENTIAL
EFTA00307193
ALIPHCOM — COMMON EQUITY VALUATION REPORT
WTAS As of June 2o, 2011
Table of Contents
Transmittal ... Market Approach: Public Company Market Multiple Method Analysis
CONFIDENTIAL I WTAS LLC
EFTA00307194
ALIPHCOM - COMMON EQUITY VALUATION REPORT
WTAS As of Julie 2o, 2011
Common Equity Valuation
Exhibit L: Capitalization ... Valuation (Pursuant to Circular 230 Requirements)
CONFIDENTIAL I WTAS LLC
EFTA00307195
WTAS ALIPHCOM — COMMON EQUITY VALUATION REPORT
As of June 20, 2011
August 3, 2011
Mr. Michael Tamaru
Chief Financial
https://www.justice.gov/epstein/files/DataSet%209/EFTA00307193.pdf
EFTA00307294Set 9
2011-06-20101p32,279w
WTAS
VALUATION SERVICES GROUP
AliphCom
Common Equity Valuation as of June 20, 2011
CONFIDENTIAL
EFTA00307294
ALIPHCOM — COMMON EQUITY VALUATION REPORT
WTAS As of June 2o, 2011
Table of Contents
Transmittal ... Market Approach: Public Company Market Multiple Method Analysis
CONFIDENTIAL I WTAS LLC
EFTA00307295
ALIPHCOM - COMMON EQUITY VALUATION REPORT
WTAS As of Julie 2o, 2011
Common Equity Valuation
Exhibit L: Capitalization ... Valuation (Pursuant to Circular 230 Requirements)
CONFIDENTIAL I WTAS LLC
EFTA00307296
WTAS ALIPHCOM — COMMON EQUITY VALUATION REPORT
As of June 20, 2011
August 3, 2011
Mr. Michael Tamaru
Chief Financial
https://www.justice.gov/epstein/files/DataSet%209/EFTA00307294.pdf
EFTA00307395Set 9
2011-06-20101p32,279w
WTAS
VALUATION SERVICES GROUP
AliphCom
Common Equity Valuation as of June 20, 2011
CONFIDENTIAL
EFTA00307395
ALIPHCOM — COMMON EQUITY VALUATION REPORT
WTAS As of June 2o, 2011
Table of Contents
Transmittal ... Market Approach: Public Company Market Multiple Method Analysis
CONFIDENTIAL I WTAS LLC
EFTA00307396
ALIPHCOM - COMMON EQUITY VALUATION REPORT
WTAS As of Julie 2o, 2011
Common Equity Valuation
Exhibit L: Capitalization ... Valuation (Pursuant to Circular 230 Requirements)
CONFIDENTIAL I WTAS LLC
EFTA00307397
WTAS ALIPHCOM — COMMON EQUITY VALUATION REPORT
As of June 20, 2011
August 3, 2011
Mr. Michael Tamaru
Chief Financial
https://www.justice.gov/epstein/files/DataSet%209/EFTA00307395.pdf
EFTA00293562Set 9
2010-12-3133p13,531w
AliphCom
Consolidated Financial Statements
December 31, 2010 and 2009
EFTA00293562
AliphCom
Index
December 31, 2010 and 2009
Pairg$
Report of Independent Auditors 1
Consolidated Financial Statements
Balance Sheets 2
Statements ... EFTA00293563
pwc
Report of Independent Auditors
To the Board of Directors and Stockholders of
AliphCom:
In our opinion, the accompanying consolidated balance sheets and the related consolidated statements of
operations ... cash flows present fairly, in all material respects, the financial
position of AliphCom and its subsidiary at December 31, solo and woo, and the results of their
operations and their
https://www.justice.gov/epstein/files/DataSet%209/EFTA00293562.pdf
EFTA00293531Set 9
2009-12-3131p12,516w
AliphCom
Consolidated Financial Statements
December 31, 2009 and 2008
EFTA00293531
AliphCom
Index
December 31, 2009 and 2008
Page(s)
Report of Independent Auditors 1
Consolidated Financial Statements
Balance Sheets ... EFTA00293532
pwc
Report of Independent Auditors
To the Board of Directors and Stockholders of
AliphCom:
In our opinion, the accompanying consolidated balance sheets and the related consolidated statements of
operations ... cash flows present fairly, in all material respects, the financial
position of AliphCom and its subsidiary at December 31, 2009 and 2008, and the results of their
operations and their
https://www.justice.gov/epstein/files/DataSet%209/EFTA00293531.pdf
EFTA00808158Set 9
2018-02-2630p5,398w
docket sheet. The case was
dismissed on 08/23/17.
3:12-cv-00655-JSW
Aliphcom et al v John Doe
It appears in this case Hosain's company was being harassed ... special relationship with
Defendants, including advising him on financial dealings, especially with respect to
AliphCom ("Jawbone"), the company of which Defendant Rahman is the CEO.
-5-
EFTA00808169
Case ... California Northern District (San Francisco)
CIVIL DOCKET FOR CASE #: 3:12-cv-00655-JSW
Aliphcom et al v. Doe Date Filed: 02/09/2012
Assigned to: Hon. Jeffrey S. White Date Terminated
https://www.justice.gov/epstein/files/DataSet%209/EFTA00808158.pdf
EFTA01026182Set 9
2018-08-316p3,586w
worth $380,000. a miniscule 3% of my more than $12 MM
investment in AliphCom.
Yes, the value of the shares is not equivalent to what you invested before ... made when you wrongfully induced me to make
my initial $10 MM investment in AliphCom. You also are proposing that I resolve my claims against both AliphCom and you personally ... outlined below.
4. Therefore, as a counterproposal to resolve my claims against you and AliphCom, I would propose the following:
a. Subject to the completion of satisfactory due diligence
https://www.justice.gov/epstein/files/DataSet%209/EFTA01026182.pdf
EFTA01023104Set 9
2018-09-147p3,718w
worth $380,000, a miniscule 3% of
my more than $12 MM investment in AliphCom.
Yes, the value of the shares is not equivalent to what you invested before ... made when you
wrongfully induced me to make my initial $10 MM investment in AliphCom. You also are proposing that I resolve my claims against
both AliphCom and you personally ... outlined below.
4. Therefore, as a counterproposal to resolve my claims against you and AliphCom, I would propose the following:
a. Subject to the completion of satisfactory due diligence
https://www.justice.gov/epstein/files/DataSet%209/EFTA01023104.pdf
EFTA01023118Set 9
2018-09-146p3,692w
worth $380,000, a miniscule 3% of my
more than $12 MM investment in AliphCom.
Yes, the value of the shares is not equivalent to what you invested before ... made when you wrongfully
Induced me to make my initial $10 MM investment in AliphCom. You also are proposing that I resolve my claims against both
AliphCom and you personally ... outlined below.
4. Therefore, as a counterproposal to resolve my claims against you and AliphCom, I would propose the following:
EFTA01023118
a. Subject to the completion of satisfactory due diligence
https://www.justice.gov/epstein/files/DataSet%209/EFTA01023118.pdf
EFTA00807802Set 9
2016-04-2942p12,069w
Promissory Fraud;
14 vs. (2) Fraud and Intentional Deceit;
(3) Negligent Misrepresentation;
15 ALIPHCOM, INC. d/b/a JAWBONE, a (4) Breach of Contract (Direct Claims);
California corporation, HOSAIN RAHMAN ... This action concerns the fraudulent and otherwise wrongful conduct of defendants
4 AliphCom, Inc. cl/b/a Jawbone ("Jawbone"), its Chief Executive Officer Hosain Rahman
5 ("Rahman"), and its Chief Financial Officer ... Account Name: Coo/ LLP Attorney Trust Account
Account
Wire Details: FBO AliphCom
Payment Instructions: Payment is due prior to shipping of Products. Payment shall be by wire in U.S.
dollars
https://www.justice.gov/epstein/files/DataSet%209/EFTA00807802.pdf
EFTA01113081Set 9
2011-06-0930p7,760w
Preferred Stock Purchase Agreement dated as of
June 9, 2011, by and among AliphCom (the "Company") and the persons and entities listed on
the Schedule of Purchasers attached thereto ... Northern District of California asserting the invalidity of the patents
held by Wi-LAN (Aliphcom v. Wi-LAN, Inc., Case No. CV-10-02337). The action filed by the
Company ... Company filed a declaratory judgment action in the Northern District of
California (Aliphcom v. MyTalk, Case No. CIO-04918 EDL) relating to a third party's purported
trademark rights with
https://www.justice.gov/epstein/files/DataSet%209/EFTA01113081.pdf
EFTA01120889Set 9
2011-06-0930p7,730w
Preferred Stock Purchase Agreement dated as of
June 9, 2011, by and among AliphCom (the "Company") and the persons and entities listed on
the Schedule of Purchasers attached thereto ... Northern District of California asserting the invalidity of the patents
held by Wi-LAN (Aliphcom v. Wi-LAN, Inc., Case No. CV-I0-02337). The action filed by the
Company ... Company filed a declaratory judgment action in the Northern District of
California (Aliphcom v. MyTalk, Case No. CIO-04918 EDL) relating to a third party's purported
trademark rights with
https://www.justice.gov/epstein/files/DataSet%209/EFTA01120889.pdf
EFTA01008236Set 9
2018-08-163p1,461w
worth $380,000, a miniscule 3% of my
more than $12 MM investment in AliphCom.
2. Although I understand why you might make such a proposal, $380,000 worth ... made when you wrongfully
induced me to make my initial $10 MM investment in AliphCom. You also are proposing that I resolve my
claims against both AliphCom and you personally ... Therefore, as a counterproposal to resolve my claims against you and AliphCom, I would propose the
following:
a. Subject to the completion of satisfactory due diligence to determine the legal
https://www.justice.gov/epstein/files/DataSet%209/EFTA01008236.pdf
EFTA00403843Set 9
2012-10-014p992w
From: Darren Indyke
To:
Subject: Fwd: AliphCom
Date: Mon, 01 Oct 2012 15:04:13 +0000
Attachments: Amendment to 3rd AR ROFR.PDF; Amendment to_4th_AR_VOTING_Agreement.PDF;
Com liance_Cert.PDF; opinion.pdf;
; Side_Letter.PDF;
Please print ... Jacoby. Craig" < "Hoffman, Susan" <
Subject: RE: AliphCom
Hi Darren,
Please find attached the remaining fully executed documents from the 9/25 Closing. Please let me know if
you need anything else ... Date: September 27, 2012, 8:43:33 AM PDT
To: "Jacoby, Craig"
Subject: Re: AliphCom
Craig,
I received the Fed Ex containing the stock certificates and the opinion
https://www.justice.gov/epstein/files/DataSet%209/EFTA00403843.pdf
EFTA01007743Set 9
2018-08-233p1,490w
worth $380,000, a miniscule 3% of my
more than $12 MM investment in AliphCom.
2. Although I understand why you might make such a proposal, $380,000 worth ... made when you
wrongfully induced me to make my initial $10 MM investment in AliphCom. You also are proposing that I
resolve my claims against both AliphCom and you personally ... Therefore, as a counterproposal to resolve my claims against you and AliphCom, I would propose the
following:
a. Subject to the completion of satisfactory due diligence to determine the legal
https://www.justice.gov/epstein/files/DataSet%209/EFTA01007743.pdf
EFTA01107056Set 9
2011-06-1639p13,028w
ALIPHCOM
SIXTH AMENDED AND RESTATED
INVESTOR RIGHTS AGREEMENT
THIS SIXTH AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT (the "Agreement')
is made as of June 16, 2011 by and among ALIPHCOM ... AMENDED AND
RESTATED INVESTOR RIGHTS AGREEMENT as of the date first above written.
COMPANY:
ALIPHCOM, a California Corporation
By:
Hosa
President and Chief Executive Officer
Address:
99 Rhode Island Street ... INVESTOR RIGHTS AGREEMENT dated June 16, 201 I, as of December 7, 2011.
COMPANY:
ALIPHCOM, a California Corporation
Signature:
/ 15.
Print Namc: l-toSativ1 • RA Inviotvl
Title: CEO
Address
https://www.justice.gov/epstein/files/DataSet%209/EFTA01107056.pdf
EFTA00800308Set 9
2018-01-301p167w
Francisco, CA 94111-5800
Re: Mort, Inc. and Claims in Connection with Sale of AliphCom Securities
Dear Mr. Jacoby,
We represent Mort, Inc. ("Mort"), a company of which Mr. Jeffrey ... Epstein is the
beneficial owner. We understand you represent AliphCom.
We write to inform you of our intention to file suit on behalf of Mort against AliphCom
and its principals ... Hosain Rahman and Mr. Andrew Lindsay. We have attached a draft
complaint alleging that AliphCom, Mr. Rahman, and Mr. Lindsay fraudulently induced Mort to
purchase and hold more than
https://www.justice.gov/epstein/files/DataSet%209/EFTA00800308.pdf
EFTA00292090Set 9
2011-06-162p290w
DecoSign Envelope ID: FA91CC39.2AEC•4FC0•A7FF•2247C69187FD
AliphCom
99 Rhode Island Street, r i Floor
San Francisco, CA 94103
September 2012
To: Certain Purchasers of Series 5 Preferred Stock ... AliphCom
Re: Major Investor Rights
Ladies and Gentlemen:
This letter will confirm our agreement that, subject to and in consideration of the purchase of
shares of Series 5 Preferred Stock ... Common Stock, $0.001 par value (the "Capital Stock"), of
AliphCom, a California corporation (the "Company"), by Mort, Inc., Hedosophia Alpha Limited and
Apoletto Limited (the "Purchasers"), and so long
https://www.justice.gov/epstein/files/DataSet%209/EFTA00292090.pdf