EFTA00725460Set 9
2009-05-0112p4,534w
Investment Manager of the Funds prior to the transition
from Zwirn to Fortress ("DBZCO").
The Fortress Entities
Fortress Investment Group LLC, a registered investment advisor that is affiliated
with ... Assets LLC, a limited liability company newly formed primarily to (1) acquire
DBZCO's assets used in connection with DBZCO's investment management of the
Funds and other managed accounts ... BASIC TRANSACTIONS
Investment Manager Transition Agreement - dated May 1, 2009 by and among
DBZCO, DBZGP, FIG, the New Investment Advisor and the New Managing Member.
This document created the road
https://www.justice.gov/epstein/files/DataSet%209/EFTA00725460.pdf
EFTA01077368Set 9
2011-07-187p1,966w
Zwirn re May 2002 6/5/2002 VRF 00000559
Update
D.B. Zwirn Special Opportunities
302 9/1/2002 DBZCO_FTC0001658 - 0001679
Fund, L.P. Subscription Documents
Highbridge/Zwirn Special
303 10/2002 DBZCO_FTC 0025364 - 0025389
Opportunities ... Highbridge/Zwirn First Quarter-
March 2003 Market Commentary
D.B. Zwirn Special Opportunities
308 5/2003 DBZCO_FTC 0031756 - 0001809
Fund, L.P. Confidential Memorandum
Highbridge/Zwim Special
309 Opportunities Fund, L.A. Amended and
Restated ... Liinited Partnership 5/1/2003 DBZCO_FTC 0001726 — 0001755
Agreement
D.B. Zwirn Special Opportunities
310 6/1/2003 JE000081 - 000101
Fund. L.P. Subscription Documents
D.B. Zwirn Special Opportunities
311 6/1/2003 DBZCO
https://www.justice.gov/epstein/files/DataSet%209/EFTA01077368.pdf
EFTA00614024Set 9
2011-07-187p1,974w
Zwirn re May 2002 6/5/2002 VRF 00000559
Update
D.B. Zwirn Special Opportunities
302 9/1/2002 DBZCO_FTC0001658 - 0001679
Fund, L.P. Subscription Documents
Highbridge/Zwirn Special
303 10/2002 DBZCO_FTC 0025364 - 0025389
Opportunities ... Highbridge/Zwirn First Quarter-
March 2003 Market Commentary
D.B. Zwirn Special Opportunities
308 5/2003 DBZCO_FTC 0031756 - 0001809
Fund, L.P. Confidential Memorandum
Highbridge/Zwim Special
309 Opportunities Fund, L.A. Amended and
Restated ... Liinited Partnership 5/1/2003 DBZCO_FTC 0001726 — 0001755
Agreement
D.B. Zwirn Special Opportunities
310 6/1/2003 JE000081 - 000101
Fund. L.P. Subscription Documents
D.B. Zwirn Special Opportunities
311 6/1/2003 DBZCO
https://www.justice.gov/epstein/files/DataSet%209/EFTA00614024.pdf
EFTA01118475Set 9
2007-09-2513p6,538w
steps to terminate and unwind all connections and positions with D.B
Zwirn & Co., L.P. ("DBZCO"). Effective September 25, 2007, DSAM relinquishecrt
and terminated its limited interests in all DBZCO-related ... entities.
DBZCO manages, as a separate account, the distressed and special opportunities
investments of HCM/Z Special Opportunities, LLC ("HCM/Z"), a wholly owned
subsidiary of HILLC. HILLC is a wholly owned ... subsidiary of HMLP. DBZCO
manages other investment accounts with the same strategy it uses for I ICM/Z and may
manage other such accounts in the future. Accounts managed by DBZCO
https://www.justice.gov/epstein/files/DataSet%209/EFTA01118475.pdf
EFTA01098739Set 9
2007-09-258p1,715w
predecessor, Highbridge Capital Management) (collectively,
"DSAM"), was a partner of D.B. Zwim & Co., L.P ("DBZCO") up until in or around September
25, 2007, and aver that Zwim was the managing ... EFTA01098739
the managing member of DBZ GP, LLC, which was the general partner of DBZCO and that up
until June 2, 2009 DBZCO was the investment manager of investment funds ... Defendants, who were also principals of DSAM,
owned the same amount of DBZCO through DSAM as Plaintiff, controlled the largest pool of
capital managed by DBZCO, and actively participated
https://www.justice.gov/epstein/files/DataSet%209/EFTA01098739.pdf
EFTA00729052Set 9
2007-09-258p1,704w
predecessor, Highbridge Capital Management) (collectively,
"DSAM"), was a partner of D.B. Zwim & Co., L.P ("DBZCO") up until in or around September
25, 2007, and aver that Zwim was the managing ... EFTA00729052
the managing member of DBZ GP, LLC, which was the general partner of DBZCO and that up
.until June 2, 2009 DBZCO was the investment manager of investment funds ... Defendants, who were also principals of DSAM,
owned the same amount of DBZCO through DSAM as Plaintiff, controlled the largest pool of
capital managed by DBZCO, and actively participated
https://www.justice.gov/epstein/files/DataSet%209/EFTA00729052.pdf
EFTA01114935Set 9
2009-03-0358p16,017w
adjusted returns by "`chas[ing]
illiquidity' wherever it might be found." (Exhibit A at DBZCO_FTC0022754.) The Fund
invested, as a general matter, in several types of extremely illiquid investments ... desirable, which could adversely
affect the performance of the Fund." (Exhibit C at DBZCO_FTC0001789.) The
memorandum also made clear that "[t]he Fund may borrow money from banks ... creat[ing] the same risks attendant
to purchasing securities on the margin." (Id. at DBZCO_FTC0001787.) Finally, potential
investors were advised that "reduction in the Fund's Net Assets
https://www.justice.gov/epstein/files/DataSet%209/EFTA01114935.pdf
EFTA00613940Set 9
2009-03-0358p16,044w
adjusted returns by "`chas[ing]
illiquidity' wherever it might be found." (Exhibit A at DBZCO_FTC0022754.) The Fund
invested, as a general matter, in several types of extremely illiquid investments ... desirable, which could adversely
affect the performance of the Fund." (Exhibit C at DBZCO_FTC0001789.) The
memorandum also made clear that "[t]he Fund may borrow money from banks ... creat[ing] the same risks attendant
to purchasing securities on the margin." (Id. at DBZCO_FTC0001787.) Finally, potential
investors were advised that "reduction in the Fund's Net Assets
https://www.justice.gov/epstein/files/DataSet%209/EFTA00613940.pdf
EFTA01733775Set 10
2005-01-015p2,470w
Partners, LLC ("DBZ Partners"). The
Fund's investment manager was D.B. Zwim & Co., L.P. ("DBZCO") , in which Glenn
Dubin had an interest.
4. The managing member of the Fund ... Zwim Holdings,
LLC ("Zwirn Holdings"). The general partner of the Fund's investment manager,
DBZCO, was DBZ GP, LLC, of which Zwirn Holdings was also the managing member ... Partners, and had a separate managed account ,managed by the Fund's investment
manager. DBZCO,( and Glenn Dubin ), as such, was entitled to receive a percentage of
the management fees
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01733775.pdf
EFTA01069288Set 9
2011-06-1414p3,356w
Exhibit B
Materials Reviewed by Daniel A. Strachman
DBZ 0009444 - 9525
DBZ 0039687-39690
DBZCO_FTC0001726 - 1755
DBZCO_FTC0004214 - 4221
DBZCO_FTC0015317 - 15324
JE000275 - 309
JE000485 - 493
JE000494 - 495
JE002584 ... JE04152 - 7282
VRF 00000976
Exhibit 1 - DBZCO_FTC0000523, DBZ 0009580 - 9674, DBZ 0003675 - 3712,
DBZCO_FTC0003852 - 3864
EFTA01069301
https://www.justice.gov/epstein/files/DataSet%209/EFTA01069288.pdf
EFTA01097640Set 9
2011-04-074p1,605w
Release No. 5310 (copy
attached).
Very truly yours,
Steven G. Rawlings
Assistant Director
End.
DBZCO_FTC0025506
EFTA01097640
PROCEDURES RELATING TO THE COMMENCEMENT OF ENFORCEMENT
PROCEEDINGS AND TERMINATION OF STAFF INVESTIGATIONS ... determine, as to all the facts and circumstances concerning
the matter to be investigated... ."
DBZCO FTC0025507
EFTA01097641
2
The Commission, however, is also conscious of its responsibility to protect ... respondent which might not otherwise be brought clearly to the Commission's
attention.
DBZCO_FTC0025508
EFTA01097642
3
Submissions by interested persons should be forwarded to the appropriate Division Director
https://www.justice.gov/epstein/files/DataSet%209/EFTA01097640.pdf
EFTA00608387Set 9
2006-01-014p748w
Fund (the "General Partner"), that the Assignor has agreed to assign the
970320.1
)NFIDENTIAL DBZCO FTC0000854
EFTA00608387
Interest to the Assignee, effective January 1, 2006 (the "Assignment"), subject ... provisions of such
partnership agreement
9748320.1 2 of 4
)NFIDENTIAL DBZCO_FTC0000855
EFTA00608388
This Assignment is further subject to the terms of a Subscription Agreement by
and between the Assignee ... date of the Assignment shall be January 1, 2006.
9748320.1 3 of 4
)NFIDENTIAL DBZCO_FTC0000856
EFTA00608389
https://www.justice.gov/epstein/files/DataSet%209/EFTA00608387.pdf
EFTA00677387Set 9
2006-01-014p756w
Fund (the "General Partner"), that the Assignor has agreed to assign the
970320.1
)NFIDENTIAL DBZCO FTC0000854
EFTA00677387
Interest to the Assignee, effective January 1, 2006 (the "Assignment"), subject ... provisions of such
partnership agreement
9748320.1 2 of 4
)NFIDENTIAL DBZCO_FTC0000855
EFTA00677388
This Assignment is further subject to the terms of a Subscription Agreement by
and between the Assignee ... date of the Assignment shall be January 1, 2006.
9748320.1 3 of 4
)NFIDENTIAL DBZCO_FTC0000856
EFTA00677389
https://www.justice.gov/epstein/files/DataSet%209/EFTA00677387.pdf