EFTA01077375Set 9
2011-07-2125p7,381w
course, is that it is not a winning argument. As argued in their
Pre-Hearing Brief, Claimants' (and the Zwim Parties') reading of the two agreements at
issue—that ... recitation, Claimants
respectfully refer the Arbitrator to pages 4 to 27 of their Pre-Hearing Brief.
5
EFTA01077380
The term "Capital Account" is defined in Section ... Partner ever exercised
this discretion for Jeepers.
Indeed, as Claimants explained in their Pre-Hearing Brief, the language of
the LPA is best read to mean that each investment created
https://www.justice.gov/epstein/files/DataSet%209/EFTA01077375.pdf
EFTA00613999Set 9
2011-07-2125p7,382w
course, is that it is not a winning argument. As argued in their
Pre-Hearing Brief, Claimants' (and the Zwim Parties') reading of the two agreements at
issue—that ... recitation, Claimants
respectfully refer the Arbitrator to pages 4 to 27 of their Pre-Hearing Brief.
5
EFTA00614004
The term "Capital Account" is defined in Section ... Partner ever exercised
this discretion for Jeepers.
Indeed, as Claimants explained in their Pre-Hearing Brief, the language of
the LPA is best read to mean that each investment created
https://www.justice.gov/epstein/files/DataSet%209/EFTA00613999.pdf
EFTA01105263Set 9
2004-10-0160p17,309w
Third-Party Respondents
FINANCIAL TRUST COMPANY, INC.'S AND JEEPER INC.'S
PRE-HEARING BRIEF
Counter- and Third-Party Claimants Jeepers, Inc. and Financial Trust Company, Inc.
(collectively "FTC") submit ... following Pre-Hearing Brief in Support of its claims against
D.B. Zwim Special Opportunities Fund, L.P. k/n/a Fortress Value Recovery Fund I LLC
("Fund"), D.B. Zwim Partners, LLC, D.B. Zwim ... this is not permissible. As a result, FTC is filing
current with this Pre-Hearing Brief a Motion in Limine to Exclude All Extrinsic Evidence, and
any discussion of extrinsic
https://www.justice.gov/epstein/files/DataSet%209/EFTA01105263.pdf
EFTA01104798Set 9
2004-10-0160p17,336w
Third-Party Respondents
FINANCIAL TRUST COMPANY, INC.'S AND JEEPER INC.'S
PRE-HEARING BRIEF
Counter- and Third-Party Claimants Jeepers, Inc. and Financial Trust Company, Inc.
(collectively "FTC") submit ... following Pre-Hearing Brief in Support of its claims against
D.B. Zwim Special Opportunities Fund, L.P. k/n/a Fortress Value Recovery Fund I LLC
("Fund"), D.B. Zwim Partners, LLC, D.B. Zwim ... this is not permissible. As a result, FTC is filing
current with this Pre-Hearing Brief a Motion in Limine to Exclude All Extrinsic Evidence, and
any discussion of extrinsic
https://www.justice.gov/epstein/files/DataSet%209/EFTA01104798.pdf
EFTA01122915Set 9
2002-11-2636p10,457w
JEEPERS, INC.,
Counter-Claimants and Third-Party
Claimants
THIRD-PARTY RESPONDENTS'
v. PRE-HEARING BRIEF
ZWIRN SPECIAL OPPORTUNITIES
FUND, M. k/n/a FORTRESS VALUE
RECOVERY FUND I LW,
Counter-Respondent ... Zwim Holdings, LLC (together, the "Zwim Respondents")
submit this pre-hearing brief in opposition to the claims by Third-Party Claimants Financial
Trust Company, Inc. and Jeepers, Inc. (together ... which FTC apparently now claims the 2005 Side Letter did. See Fortress Claimaints' Pre-Hearing Brief
at 15, 42.
7
EFTA01122925
E. Accounting Improprieties at DBZ
From July 2002 until
https://www.justice.gov/epstein/files/DataSet%209/EFTA01122915.pdf
EFTA00613904Set 9
2002-11-2636p10,478w
JEEPERS, INC.,
Counter-Claimants and Third-Party
Claimants
THIRD-PARTY RESPONDENTS'
v. PRE-HEARING BRIEF
D.B. ZWIRN SPECIAL OPPORTUNITIES
FUND, L.P. k/n/a FORTRESS VALUE
RECOVERY FUND I LW,
Counter-Respondent ... Zwim Holdings, LLC (together, the "Zwim Respondents")
submit this pre-hearing brief in opposition to the claims by Third-Party Claimants Financial
Trust Company, Inc. and Jeepers, Inc. (together ... which FTC apparently now claims the 2005 Side Letter did. See Fortress Claimaints' Pre-Hearing Brief
at 15, 42.
7
EFTA00613914
E. Accounting Improprieties at DBZ
From July 2002 until
https://www.justice.gov/epstein/files/DataSet%209/EFTA00613904.pdf
EFTA00613940Set 9
2009-03-0358p16,044w
TRUST COMPANY, INC.
and JEEPERS, INC.,
Counter-Claimants and Third-Party
Claimants
CLAIMANTS' PRE-HEARING BRIEF
v.
FORTRESS VALUE RECOVERY FUND I
LLC,
Counter-Respondent
and
D.B. ZWIRN PARTNERS
https://www.justice.gov/epstein/files/DataSet%209/EFTA00613940.pdf
EFTA01114935Set 9
2009-03-0358p16,017w
TRUST COMPANY, INC.
and JEEPERS, INC.,
Counter-Claimants and Third-Party
Claimants
CLAIMANTS' PRE-HEARING BRIEF
v.
FORTRESS VALUE RECOVERY FUND I
LLC,
Counter-Respondent
and
D.B. ZWIRN PARTNERS
https://www.justice.gov/epstein/files/DataSet%209/EFTA01114935.pdf