EFTA00722240.pdf

Brad Karp Paul Weiss April 22, 2010 Page 1 Susman godfrey a registered limited liability partnership 5TH FLOOR 6S4 MADISON AVENUE NEW YORK, NEW YORK 10065-8404 Suite sop woo LOuiSiana Street Houston Texas oo2.5o95 Stephen D. Susman Direct Dia April 22, 2010 FAX Suite 5100 gel Main Street Dallas Texas 202- Suite 950 ism Avenue of the Stars Los Mg California 67.60ag Direct Dial Fal E-Mai FOR SETTLEMENT PURPOSES ONLY Via E-mail & First Class Mail Brad S. Karp Paul, Weiss, Rifkind, Wharton & Garrison LLP 1285 Avenue of the Americas New York, NY 10019 Suite 3800 12os Third Avenue Seattle,. Wa ' ton loa-3000 Re: Jeepers, Inc., Financial Trust Company, Inc., and Jeffrey Epstein vs. D.B. Zwim Special Opportunities Fund, L.P. k/n/a Fortress Value Recovery Fund I LLC, et. al. Dear Brad: I am writing in an effort to move our settlement dialogue along. Based on your response to our request for information (which we were disappointed in), it appears the Fund is willing to offer my clients the same deal that we cancelled in January 2010. Obviously, that offer is not acceptable. As a counter-offer, we are willing to settle the dispute for $140 million plus $35 million in prejudgment interest. While this represents the full value of my clients' claim, accepting this offer would allow the Fund to avoid the cost of litigation. To help you evaluate our claims, I EFTA00722240 Brad Karp Paul Weiss April 22, 2010 Page 2 have enclosed an affidavit of Glenn Dubin. This affidavit should be treated as confidential under the terms of our March 26, 2010 letter agreement. We are willing to entertain further negotiations. To facilitate these discussions, I propose that the parties enter into a tolling agreement. I have taken the liberty of attaching a draft agreement, which is enclosed. Let me know your response as soon as possible—particularly with regard to the tolling agreement. Thank you. Sincerely, Stephen D. Susman Enclosures cc: Jeffrey Epstein EFTA00722241 Brad Karp Paul Weiss April 22, 2010 Page 3 Bcc: Darren Indyke EFTA00722242