Irving H. Picard v. Saul B. Katz et al

Filing 170

DECLARATION of Regina Griffin Completed With Exhibits 31 to 45 in Support re: 162 FIFTH MOTION in Limine To Deem Statements By Sterling Stamos Employees In The Course Of And In Connection With Their Employment By Sterling Stamos As Admissions of The Sterling Defendants.. Document filed by Irving H. Picard. (Attachments: # 1 Exhibit 31, # 2 Exhibit 32, # 3 Exhibit 33, # 4 Exhibit 34, # 5 Exhibit 35, # 6 Exhibit 36, # 7 Exhibit 37, # 8 Exhibit 38, # 9 Exhibit 39, # 10 Exhibit 40, # 11 Exhibit 41, # 12 Exhibit 42, # 13 Exhibit 43, # 14 Exhibit 44, # 15 Exhibit 45)(Sheehan, David)

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Exhibit 37 From: Sent: To: Subject: Ashok Chachra Thursday, March 11,2004 10:22:13AM Kevin Okimoto RE: SF Capital - Estimated February Performance I got the number from David at the end of Feb. Original Message From: Kevin Okimoto Sent: Thursday, March 11, 2004 10:22 AM To: Ashok Chachra Subject: RE: SP Capital - Estimated February Performance Did you generated this number off of the Ascot number? From: Ashok Chachra Sent: Thursday, March 11, 2004 10:20 AM To: Kevin Okimoto Subject: RE: SP Capital - Estimated February Performance I think +0.53%, but I may be slightly off. Original Message From: Kevin Okimoto Sent: Thursday, March 11, 2004 9:33 AM To: Ashok Chachra Subject: FW: SP Capital - Estimated February Performance Ashok: Do you know how Madoff did in February? From: josef Mittlemann [mailto:jmittle@attglobaLnetj Sent: Wednesday, March 10, 2004 11:13 PM To: Kevin Okimoto Exhibt: Wit: Date: s' CONFIDENTIAL .L1.I2_ Leslie Rockwood CSR RPR SSMT01272553 SSMSAAI 272553 Subject: RE: SP Capital - Eslimated February Performance I don't have my statements but do you know how Madoff did this past February? Thaniks joe Original Message From: Kevin Okimoto [mailto: kevin.okimoto@spcapitalgroup.com] Sent: Tuesday, March 09, 2004 8:42 PM Subject: SP Capital - Estimated February Performance Below is a preliminary estimate of our month-end and year-to-dafe performance (net of all fees and expenses) through February 29, 2004: SECURITY MTD YFD SP CAPITAL SECURITY FUND - FRIENDS & FAMILY, LP ± 0.60% + 1.60% SP CAPITAL SECURITY FUND, LP CONFIDENTIAL SSMTO1 272554 SSMSAAI 272554 ± 0.93% + 2.22% CAPITAL APPRECIATION SP CAPITAL LEVERED (OFFSHORE) FUND. LTD. ± 0.99% +2.64% SP CAPITAL GROWTH FUND, LP + 1.12% 2A3 SP CAPITAL GROWTH (OFFSHORE) FUND, LTD. + 0.90% + 2.00% We are pleased with the performance of, and the level of response to, our offshore Levered Fund and expect that it will soon reach its capacity of $250 million in assets under management. The anticipated dosing date is April 1, 2004, at the earliest, or July 1, 2004, at the latest. For further CONFIDENTIAL SSMT01272555 SSMSAAI 272555 information, please see the attached letter. If you have any questions, please feel free to contact Kevin Okimoto either by telephone at 212-485-4370 or by email at kevin.okimoto@spcapm.com. Notes: These numbers are based on unaudited preliminary estimates provided by our fund managers and are subject to change. Individual investor performance percentages will vary depending on the date of investment. All estimated performance figures are net of all underlying manager and SP Capital fees and expenses. Year-to-date performance is based on actual performance during 2004. Past performance is not indicative of future performance. Investors will receive an unaudited final capital account statement by month end. This email, including attachments, is intended for the exclusive use of the person or entity to which it is addressed and may contain confidential or privileged information. If tile reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby not fied that any use, dissemination, distribution, or copying of this e-mail is prohibited. If you think that you have received this e-mail in error, please advise the sender by reply e-mail of the error and then delete this e-mail immediately. CONFIDENTIAL SSMT01272556 SSM SAAl 272556

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