Government of the United States Virgin Islands v. JPMorgan Chase Bank, N.A., No. 122-cv-10904 (S.D.N.Y. 2022)/265-70.pdf

EXHIBIT 194 Case 1:22-cv-10904-JSR Document 265-70 Filed 08/07/23 Page 1 of 12 Case 1:22-cv-10904-JSR Document 265-70 Filed 08/07/23 Page 2 of 12 Main Menu > Tr~u1st§lrs and Pa~ments > DOMESTIC WIRE (USA DESTINATION) WIRE: From Account: 31730604 Currency: US Dollars Status: Processed -Confirmation Number is 043643640289792. --- Wire Fee: $12.50 Saved as Model Beneficiary Bear Steam~ & Company New York Bank Name: CITIBANK NA ASA: 021000089 N_ewYork Address: New York New York New York Beneficiary's Account number: 0925-3186 --- - Amount: $15,000,000.00 Special Instructions: Date of transfer(s): December 29, 2004 f/f/c Financial Trust Company, Inc. Acct # IIIIIIIIIIIIQ56 , .. https://citibus inessonline.da-us.citibank.com/basprod/citiiwt/html/WTd80U.html Confidential Page 1 of 1 Help 12/29/2004 JPM-SDNYLIT-00016246 Case 1:22-cv-10904-JSR Document 265-70 Filed 08/07/23 Page 3 of 12 . ,. FINANCIAL TRUST C 0. , INC. t, I 00 fl£O HOOi( OIJAl?TeR. 83 ST. THOMAS. VI 00802•1) ◄8 telep11,:m~ : ::li0.77S.2S2S facsimile: l40. ?7S.2528 ~-mail : ftru.sr@at19lobal.net December 28, 2004 Mr. Ron Resnick Highb ridge Capital Management, LLC 9 West 57th Street 27th Floor New York , NY 10019 Fees for merger and acquisition ad vice : Please ·wire the funds as follows : Bank Name: Citibank , N.A. Amount due: t)~ .. ~ New York, NY A.BA Routing No: 021000089 For the Benefit of: Bear Steams & Company Beneficiary Account: - 186 . For Credit to: Financial Trust Company, Inc . Account No: - 056 1 / l 30'o'd 90t>C::0SL?;tc:; :a 1 Confide ntial =wo~ ~ st> = 0t &0 - ec::-~30 JPM-SDNYLIT-00 0162 47 Case 1:22-cv-10904-JSR Document 265-70 Filed 08/07/23 Page 4 of 12 HIGHBRIDGE CAPITAL MANAGEMENT, LLC 9 WEST 57rn STREET 27 th FLOOR NEW YORK, NEW YORK 10153 TEL: 212/751-4510 FAX: 212/759-6010 TO: Darren lndyke FACSIMILE COVER SHEET FAX NUMBER: Financial Trust Company, Inc. PHONE: FROM: Ron Resnick FAX NUMBER: PHONE: DATE: June 24, 2005 # PAGES (incl. cover): Dear Darren: (212) 750-0381 (212) 750-1176 (212) 287-4915 (212) 287-4939 10 The revised Consulting Agreement follows for your review (blackline version). Please do not hesitate to contact me if you have any questions. Thank you. cc: Glenn Dubin Mark Roberts Bill Shepherd Bob Caruso YulTobaly Bill Bulmer Confidential JPM-SDNYLIT-00016248 Case 1:22-cv-10904-JSR Document 265-70 Filed 08/07/23 Page 5 of 12 CONSUL TING AGREEMENT This Consulting Agreement (this "Agreement") is effective as of June 1, 2005, between Highbridge Capital Management, LLC, a Delaware company (the "Company") with its principal office at 9 West 57th Street, 27th Floor, New York, New York 10019, and Financial i:rust Company; Ins:, a United States Virgin Islands corporation ("Consultant"), with its principal office at 6100 Red Hook Quarter, Suite B-3, St. Thomas, U.S.V.I. 00802. In consideration of the mutual promises in this Agreement, the parties hereto agree as follows: I. ENGAGEMENT (a) The Company hereby engages Consultant, and the Consultant hereby accepts the engagement by the Company, to provide the Consulting Services (as hereinafter defined) to the Company, upon, subject to and in accordance with the terms, conditions and other provisions set forth in this Agreement. For purposes of this Agreement, the "Consulting Services" shall mean those certain consulting services from time to time requested by the Company as are identified on Schedule A hereto. The Consultant will assign Jeffrey Epstein to perform all of the services contemplated herein. (b) In performing its obligations hereunder, the Consultant shall at all times act in what it reasonably believes to be in the best interests of the Company and in accordance with the highest standards of professional conduct and integrity. Except for gross negligence, bad faith or willful misconduct, or violation of applicable law, neither the Consultant nor any of its shareholders, officers, directors, employees, attorneys or agents shall be liable hereunder or otherwise for any action performed or omitted to be performed or for any errors of judgment in connection with the Consultant's performance of this Agreement. In no event shall the Consultant be liable to the Company for any lost profits or any indirect, consequential, special, incidental, and/or punitive damages of any kind or nature whatsoever. (c) It is understood and agreed that the Company may accept or reject any advice given by the Consultant. It is understood and agreed that the Company may arrange for or engage other persons or entities to perform the same work that Consultant performs hereunder. In no event shall the Consultant have any liability to the Company based upon the Company's failure to follow any advice given by the Consultant or the Company's following advice given to the Company by any person or entity other than the Consultant. Neither the Company's failure to follow any advice given by the Consultant, nor the engagement of any other advisors or consultants by the Company, whether or not for compensation, shall relieve the Company of its obligation to pay the fees due to the Consultant hereunder. (d) It is understood that the Consultant now performs and, throughout the Term, may perform financial and other consulting services, without limitation, those similar to the Consulting Services, for various clients other than the Company. The Confidential JPM-SDNYLIT-00016249 Case 1:22-cv-10904-JSR Document 265-70 Filed 08/07/23 Page 6 of 12 Company acknowledges and agrees that all services to be provided hereunder by the Consultant shall be performed on a non-exclusive basis and at times reasonably convenient to the Company and the Consultant. (e) The Company agrees that the Consultant may give advice and take action in the performance of its duties with respect to any of its other clients which, depending on the characteristics, requirements, directives and objectives of such other clients, may differ from the advice given to the Company at any particular time. Nothing in this Agreement shall be deemed to impose upon the Consultant any obligation to advise the Company to take any action or to omit to take any action which the Consultant, its principals, affiliates, employees or other clients may take or omit to take, as the case may be, for the Consultant's own benefit or for the benefit of any other client of the Consultant, if, in the sole discretion of the Consultant, such action or omission appears unsuitable, impractical or undesirable for the Company. (f) There shall be no minimum number of hours of Consulting Services which the Consultant shall be required to provide under this Agreement. (g) Consultant may not assign its rights or subcontract its obligations hereunder to others, without the express prior written consent of the Company. (h) The Company recognizes that the Consultant will perform some or all of the Consulting Services from its offices in the United States Virgin Islands. II. TERM (a) Consultant shall provide services hereunder until the earlier of (i)