EFTA01097606.pdf

Fried, Fraa Hams. Sttrlwr & Ambles LLP 1001 Pennsylvania Avenue, NW Washington, DC 20004 FRIEDFR.-A\K iTan December 20, 2007 FOIA CONFIDENTIAL. TREATMENT REQUESTED BY FRIED FRANK HARRIS SHRIVER & JACOBSON LLP ON BEHALF OF D.B. Zwousl & CO., L.P. PURSUANT TO 17 CFR § 200.83 By Federal Express Mr. Peter Altenbach Staff Accountant Northeast Regional Office United States Securities and Exchange Commission 3 World Financial Center New York, NY 10281 Re: NY-7696 Dear Mr. Altenbach: On behalf of our client, D.B. Zwim & Co., L.P. ("DBZ"), and in response to the Staff's May 3, 2007 subpoena, as modified by the Staff's May 25, 2007 letter and our subsequent discussions, and the Staff's May 29, 2007 subpoena, enclosed please find a hard drive Bates- numbered DBZ 0036141. The hard drive contains e-mail messages sent to or from the following individuals that have not been previously produced to the Staff: Raymond Chan (Bates-numbered DBZCOPR-03227313 - DBZCOPR-03230788); Robert Flowers (Bates-numbered DBZCOPR-03230789 - DBZCOPR-03232205); Michael Gora (Bates-numbered DBZCOPR-03232206 - DBZCOPR-03232240); Confidential Treatment Requested by Fried Frank Harris Shrivcr & Jacobson LLP DBZ 0036142 01w YDIt • Washlaptaa OC • taedoe. Paris • fnntlut Hat Fmk Itarrit. Shriner a ititettison LLP is a Delman United Partnership EFTA01097606 Fried, Frank, Harris, Sbriver 8 Jacobson LLP Confidential Pursuant to 17 CFR § 200.83 Mr. Peter Altenbach December 20, 2007 Page 2 Perry Gruss (Bates-numbered DBZCOPR-03232241 - DBZCOPR-03238015, and DBZCO02609533 - DBZCO02622477); Dana Letendre (Bates-numbered DBZCOPR-03319562 - DBZCOPR-03319990); Dermot Murphy (Bates-numbered DBZCOPR-03338415 - DBZCOPR-03340144); Jason Pecora (Bates-numbered DBZCOPR-03340145 - DBZCOPR-03340512); and Kenneth Song (Bates-numbered DBZCOPR-03342030 - DBZCOPR-03343937). In addition, pursuant to the Staffs April 4, 2007 subpoena, as modified by the Staffs May 3, 2007 letter and our subsequent discussions, the Staff has requested documents relating to eight specific investments: Inner City, IS REO, Plant Equipment Funding, Production Resource Group, Project Tempest, Qantam, River Island, and SSE Blair (collectively, the "8 Investments"). In response to that request, the enclosed hard drive contains e-mail messages concerning the 8 Investments that have not been previously produced to the Staff: Inner City (Bates-numbered DBZCOPR-03238016 DBZCOPR-03319561); IS REO (Bates-numbered DBZCOPR-033 19991 - DBZCOPR-03338414); Plant Equipment Funding (Bates-numbered DBZCOPR-03340513 - DBZCOPR-03342029, and DBZCO02622478 — DBZCO02623030); Production Resource Group (Bates-numbered DBZCO02623031 - DB2C002647191); Qantam (Bates-numbered DBZCO02647192 - DBZCO02668465); and SSE Blair (Bates-numbered DBZCO02668466 - DBZCO02668983). Confidential Treatment Requested by Fried Frank Harris Shriver & Jacobson LLP DBZ 0036143 EFTA01097607 Filed, Frank, Harris, Skiver & Jacobson LIP Confidential Pursuant to 17 CFR § 200.83 Mr. Peter Altenbach December 20, 2007 Page 3 Please be advised that certain information has been redacted from some of the above referenced e-mails messages, on the basis that the redacted information is subject to the attorney- client privilege and/or attorney work product doctrine. Every redacted document has been marked with the word "REDACTED" in the place(s) where the information has been redacted. With the exception of redacted e-mail messages, which arc being produced in TIFF image form only, these c-mail messages arc being produced to the Staff as both TIFF images and as native files with a Concordance load file. As previously noted, in some instances native files could not be converted into TIFF images. For the Staffs convenience, we are providing those files in native format, which can be found on the hard drive in the folders labeled "DBZCO EX021," and "DBZCOPR EX010." We will continue to produce e-mail messages concerning the 8 Investments, as well as 'electronic messages for the individuals identified by the stag on a rolling basis. Please feel free to contact me with any questions you may have. This production is not intended to, and does not, waive any applicable privilege or protection, including the attorney-client privilege or work product protection. If any information that would be protected by the attorney-client privilege or work product doctrine was produced, such production was inadvertent and was not intended to be a waiver of any applicable privilege or protection and we respectfully request the return of such privileged material. On behalf of our client, we hereby claim that all materials provided to the Staff during the course of its investigation, including this letter (Bates-stamped DBZ 0036142 - DBZ 0036145), all documents produced, all CDs, DVDs, and hard drives produced and the information contained therein, and all testimony provided by our client, are entitled to confidential treatment pursuant to the Freedom of Information Act Each document has been appropriately labeled to indicate the intention to maintain the confidential status of the enclosed materials. This claim of confidentiality shall continue indefinitely unless we advise you otherwise. Should the Commission receive any request for these documents pursuant to the Freedom of Information Act or pursuant to a third-party subpoena or document demand (from a party other than a federal, state, local or foreign law enforcement agency, or a governmental entity, or a self-regulatory organization), we expect that we will be given notice and an opportunity to object to such disclosure. In such event, we request that the Staff telephone the undersigned rather than rely upon the United States mail for such notice. We request the Staff also provide a written copy of such notice to our client, addressed as follows: Lawrence Cutler, Chief Compliance Officer and Chief Operating Officer, D.B. Zwim & Co., L.P., 745 Fifth Avenue - 18th Floor, New York, NY Confidential Treatment Requested by Fried Frank Harris Shrivcr & Jacobson LLP DBZ 0036144 EFTA01097608 Ned, Frank, Harris, Sather a Jacobsn LIP Confidential Pursuant to 17 CFR § 200.83 Mr. Peter Altcnbach December 20, 2007 Page 4 10151. Our request that the Staff provide a written copy of such notice to our client does not constitute authorization for the Staff to provide such notice to our client in lieu of us. We further request that these materials be returned to us once the Staff has concluded its investigation. If you have any questions regarding this matter, please call me at 202.639.7054. Sincerely, ../ --- Kevin J. Harnisch Enclosures cc: FOIA Office (redacted) DO32:627627 Confidential Treatment Requested by Fried Frank Harris Shriver & Jacobson LLP D810036145 EFTA01097609