Timcstamp: 1272212009 4:03 PM EST AFFIDAVIT OF GLENN DUBIN STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK) Glenn Dubin, being duly sworn, deposes and says: 1. I am over twenty-one years of age and am competent to testi& to the matters stated herein because I have personal knowledge of the facts and statements in this affidavit. Each of the facts and statements is true and correct. 2. From 2002 and at least through 2007, an entity that I controlled owned an interest in the general partner of DB Zwirn Special Opportunities Fund, L.P. ("Fund"). The Fund was named after Daniel Zwim ("Zwim"). While Zwirn was responsible for day-to-day management of the Fund, after Dan Zwim spun off his business from Highbridge/ Zwirn, Highbridge and I helped raise capital for the Fund , we as highbridge allocated money to a managed account and Zwim would consult with me about various issues. 3. One of the first investors that I directed to invest in the Fund was Jeffrey Epstein ("Epstein"). Epstein was both a personal friend of mine and a major client of my firm, Highbridge Capital Corporation. Between 2002 and 2005, Epstein (through an entity called Financial Trust Company, Inc.) invested $80 million in the Zwirn Fund. 4. In early September 2006, Zwim informed me that he was firing the Fund's then-Chief Financial Officer, Perry Gruss. Zwim said that he discovered various irregularities at the Fund, including that investors' money was used to pay for an airplane that would be owned by Zwim's company. 997683v1/011585 EFTA00731089