docexhibit 1 - Bernard L. Madoff Investment Securities LLC
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exhibit 1 - Bernard L. Madoff Investment Securities LLC
10-05208-brl Doc 46 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 1 of 7 Main Document BAKER & HOSTETLER LLP 45 Rockefeller Plaza New York, NY 10111 Telephone: (212) 589-4200 Facsimile: (212) 589-4201 Attorneys for Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC and Estate of Bernard L. Madoff UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES INVESTOR PROTECTION CORPORATION, Plaintiff, v. Adv. Pro. No. 08-01789 (BRL) SIPA LIQUIDATION BERNARD L. MADOFF INVESTMENT SECURITIES LLC, Defendant. In re: (Substantively Consolidated) BERNARD L. MADOFF, Debtor. IRVING H. PICARD, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC, Plaintiff, Adv. Pro. No. 10-05208 (BRL) v. TROTANOY INVESTMENT COMPANY LTD., ACCESS INTERNATIONAL ADVISORS LTD. (f/k/a ALTERNATIVE ADVISORS LIMITED), HYPOSWISS PRIVATE BANK GENÈVE S.A. (f/k/a ANGLO-IRISH BANK (SUISSE) S.A., f/k/a MARCUARD COOK & CIE S.A.), and PALMER FUND MANAGEMENT SERVICES LIMITED Defendants. DECLARATION OF DEBORAH H. RENNER IN SUPPORT OF THE TRUSTEE’S MEMORANDUM OF LAW IN OPPOSITION TO ACCESS INTERNATIONAL ADVISORS LTD., HYPOSWISS PRIVATE BANK GENÈVE S.A., AND PALMER FUND MANAGEMENT SERVICES LIMITED’S MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION 10-05208-brl Doc 46 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 2 of 7 Main Document Deborah H. Renner hereby declares as follows: 1. I am a member of the Bar of this Court and a partner at the law firm of Baker & Hostetler LLP, counsel to Irving H. Picard, Trustee (the “Trustee”) for the substantively consolidated SIPA liquidation of Bernard L. Madoff Investment Securities LLC (“BLMIS”) and the estate of Bernard L. Madoff (“Madoff”). 2. As an attorney of record, I am fully familiar with this case. I submit this Declaration to the Court in support of the Trustee’s Memorandum of Law in Opposition to Access International Advisors Ltd. (“AIA Ltd.”), Hyposwiss Private Bank Genève S.A. (“Hyposwiss”), and Palmer Fund Management Services Limited’s (“Palmer”) Motions to Dismiss for Lack of Personal Jurisdiction. 3. Exhibits 1 through 73, attached hereto, are true and correct copies of documents (excerpted as indicated) as obtained by the Trustee from the following sources: (1) productions to the Trustee; (2) BLMIS’s files; (3) Bankruptcy Rule 2004 Examinations; (4) publicly available sources; and (5) email correspondence from counsel to the Trustee to counsel for AIA Ltd., Hyposwiss, and Palmer. Exhibit 7 was produced to the Trustee by Access International Advisors LLC (“AIA LLC”) and Access International Advisors, Inc. (“AIA Inc.”) on or about June 2, 2009 in response to a Rule 2004 Subpoena dated March 23, 2010. Exhibits 3-5, 10, 12, 15, 17-27, 29-30, 32-62, and 66-73 were produced to the Trustee by AIA LLC and AIA Inc. on or about August 6, 2009 in response to a Rule 2004 Subpoena, dated June 8, 2009. Exhibit 16 was produced to the Trustee by Theodore Dumbauld on or about April 27, 2010 in response to a Rule 2004 Subpoena, dated March 24, 2009. Exhibits 28 and 31 are documents collected from BLMIS’s customer file for Trotanoy’s account, which was maintained as part of BLMIS’s daily operations. Exhibit 6 is a publicly available document from the State of New York Department 10-05208-brl Doc 46 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 3 of 7 Main Document of State. Exhibits 2 and 9 are publicly available documents from the Bahamian Corporate Registry. Exhibits 63-65 are publicly available documents from the Guernsey Corporate Registry. Exhibit 11 is a publicly available document from the United Kingdom Corporate Registry. 4. The following exhibits are attached: Exhibit 1: Email correspondence from counsel to the Trustee to counsel for AIA Ltd., Hyposwiss, and Palmer, sent on January 17, 2012; Exhibit 2: Certificate of Incorporation (Change of Name) for AIA Ltd. formerly Alternative Advisors Limited (“AAL”), dated May 23, 2001; Exhibit 3: “Service Agreement,” dated June 23, 1998, executed by Trotanoy Investments Company Ltd. (“Trotanoy”) and AAL; Exhibit 4: “Trotanoy Investment Fund – USD,” dated November 20, 2008; Exhibit 5: Letter from AIA Ltd. to Palmer, dated February 11, 2008; Exhibit 6: Certificate of Incorporation of AIA Inc., dated May 18, 1995; Exhibit 7: “A platform of U.S. single manager hedge funds,” dated July 20, 2007; Exhibit 8: Excerpts from Exhibit 13 to Theodore Dumbauld’s May 14, 2010 Rule 2004 Examination, titled “Access International Advisors Quarterly Strategic Meeting December 13 to December 15th, 2004”; Exhibit 9: Certificate of Incorporation for AAL, dated April 20, 1998; Exhibit 10: “Access Group Current Structure,” dated May 2003; Exhibit 11: Access International Advisors Europe Limited’s Company Register Information, dated January 18, 2000; Exhibit 12: “Limited Liability Company Agreement” and “Certificate of Formation” of AIA LLC,” dated July 12, 2001; Exhibit 13: Excerpts from the transcript of the Rule 2004 Examination of Theodore Dumbauld, dated May 14, 2010; Exhibit 14: Excerpts from the transcript of the Rule 2004 Examination of Philip H. Wogsberg, dated May 7, 2010; 2 10-05208-brl Doc 46 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 4 of 7 Main Document Exhibit 15: Email from John O’Donnell to Patrick Littaye (“Littaye”) and Thierry Magon de la Villehuchet (“Villehuchet”), dated May 24, 2007; Exhibit 16: “Fee Sharing,” dated January 23, 2003; Exhibit 17: “Quarterly Strategic Meeting August 30 to September 1st, 2004,” dated September 9, 2004; Exhibit 18: “Access Administrative Meeting,” dated December 15, 2004; Exhibit 19: “Contact Information,” dated November 5, 2008; Exhibit 20: “Contact Information,” dated January 28, 2008; Exhibit 21: Email from John Baker (“Baker”) to Renjie Mo and Benoit Chastel (“Chastel”), dated May 19, 2008; Exhibit 22: Certified translation of an email chain between Chastel and Laurent de Swarte, dated August 26, 2008 through September 12, 2008; Exhibit 23: Certified translation of an email chain between Chastel and Audrey Larue, dated January 8, 2008; Exhibit 24: “Research Report – Oreades, Trotanoy, and Groupement Financier,” dated September 5, 2003; Exhibit 25: “BMI: Monthly Manager Report – Oreades, Trotanoy, Groupement Financiere,” dated February 15, 2004; Exhibit 26: “BMI: Monthly Manager Report – Luxalpha, Trotanoy, Groupement Financiere,” dated September 20, 2004; Exhibit 27: “BMI: Monthly Manager Report – Luxalpha, Trotanoy, Groupement Financiere,” dated November 1, 2004; Exhibit 28: Letter from Anglo Irish Bank (Suisse) S.A. and “List of Authorised Signatures,” dated June 1, 2001; Exhibit 29: Opening documents between BLMIS and Trotanoy, including the “Customer Agreement,” dated June 19, 1998 and executed by Neville Cook (“Cook”) and Jacques Girod (“Girod”); the “Trading Authorization Limited to Purchases and Sales of Securities Options,” dated July 9, 1998 and executed by Cook and Girod; and the “Option Agreement,” dated June 19, 1998 and executed by Cook; Exhibit 30: Excerpts from “Hyposwiss Private Bank Geneva S.A. (Ex Anglo Irish Banque Suisse S.A.),” dated August 7, 2008; Exhibit 31: Letter from Cook to Frank DiPascali, dated January 7, 2000; 3 10-05208-brl Doc 46 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 5 of 7 Main Document Exhibit 32: Certified translation of an email chain between Stephen Rufino (“Rufino”) and Guy de La Tour du Pin Verclause (“Verclause”), dated June 2, 2003; Exhibit 33: Email from Bachir Binebine (“Binebine”) to Binebine and Verclause, dated May 11, 2005; Exhibit 34: Email from Robert Seiler (“Seiler”) to Littaye, dated October 25, 2005; Exhibit 35: Email from Seiler to Villehuchet, dated May 12, 2006; Exhibit 36: Email from Rufino to Littaye, dated June 30, 2006; Exhibit 37: Email from Rufino to Alex Bud (“Bud”), dated October 30, 2006; Exhibit 38: Email from Bud to Rufino, dated November 1, 2006; Exhibit 39: Certified translation of emails from Seiler, dated March 23 and 27, 2007; Exhibit 40: Email from Verclause to Simon Cole (“Cole”), dated May 10, 2007; Exhibit 41: Email from Cole to Myles Edwards (“Edwards”), dated June 1, 2007; Exhibit 42: Certified translation of an email from Verclause, dated September 24, 2008; Exhibit 43: Email from Verclause to Declan McAdams (“McAdams”), dated September 26, 2008; Exhibit 44: Certified translation of an email from Rufino, dated December 15, 2008; Exhibit 45: “Access International Advisors Norvest Proposal,” dated June 10, 2003; Exhibit 46: Excerpts from “Access International Advisors Salesman’s Highlight, Partner’s Highlight, T. De Lavillehuchet” dated October 19, 2006; Exhibit 47: “Audited Financial Statements, Trotanoy Investments Company Limited, Period ended December 31, 1999, with Report of Independent Auditors,” dated August 30, 2002; Exhibit 48: “Audited Financial Statements, Trotanoy Investments Company Limited, Period ended December 31, 2003, with Report of Independent Auditors,” dated July 30, 2004; Exhibit 49: AIA Ltd. document titled “Trotanoy (Dollar class),” dated May 8, 2003; Exhibit 50: “BMI: Monthly Manager Report – Luxalpha, Trotanoy, Groupement Financier,” dated July 30, 2004; Exhibit 51: “Trotanoy Nominee Services, Ltd.,” dated June 1, 2007; 4 10-05208-brl Doc 46 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 6 of 7 Main Document Exhibit 52: Certified translation of emails from Cole and Rufino, dated December 17, 2004 through December 23, 2004; Exhibit 53: Email from Muriel Gualzata Aeby (“Aeby”) to Littaye, dated January 5, 2005; Exhibit 54: “Trotanoy Investment Company Limited Annual Report and Audited Financial Statements For the period from incorporation, 17 February 2005, to 31 December 2005,” dated September 15, 2006; Exhibit 55: Letter from Trotanoy to BLMIS, dated March 17, 2005 and executed by McAdams and Jean Denis Braillard; Exhibit 56: Letter from Trotanoy to AIA Ltd., dated April 26, 2005 and executed by McAdams and Ian Powell; Exhibit 57: Certified translation of emails from Tancrede Queval (“Queval”) and Aeby, dated March 14 and 17, 2005 and an attached, undated, draft letter from Trotanoy to BLMIS; Exhibit 58: Certified translation of emails from Baker, Qeval, and Aeby, dated March 23, 2005 through April 13, 2005; Exhibit 59: Certified translation of emails from Queval and Aeby, dated May 31, 2005 and June 1, 2005; Exhibit 60: Certified translation of emails between Aeby and Queval, dated July 12, 2005; Exhibit 61: Excerpts from an untitled contact list, dated October 16, 2006; Exhibit 62: “Palmer Fund Management Services Ltd & Palmer PCC Ltd. Group Structure,” dated September 2007; Exhibit 63: “Annual List made up to January 1st, 2005 Pursuant to The Companies Law, 1994” for Palmer, dated January 31, 2005; Exhibit 64: “Change Director” for Palmer from the Guernsey Registry, dated October 20, 2008; Exhibit 65: “Change Director” for Palmer from the Guernsey Registry, dated January 27, 2009; Exhibit 66: Certified translation of emails from Frederic De Poix and Cole, dated June 13, 2008; Exhibit 67: Email from Baker to Edwards and Queval, dated January 15, 2008; Exhibit 68: Email from Trevor Pinchemain to Edwards, dated January 23, 2008; 5 10-05208-brl Doc 46 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 7 of 7 Main Document Exhibit 69: Email from Edwards to Cole, Aeby, and Baker, dated February 20, 2008; Exhibit 70: Email from Edwards to Baker, dated January 23, 2008; Exhibit 71: Email from Baker to Edwards, dated February 20, 2008; Exhibit 72: Email from Queval to Lisa Kiernan, dated November 19, 2007; Exhibit 73: “Trotanoy Investment Fund, A Cell of Palmer PCC Limited, Cell Particulars,” dated December 23, 2005. Pursuant to 28 U.S.C. § 1746, I hereby declare under penalty of perjury that the foregoing statements made by me are true and correct. Dated: New York, New York February 28, 2012 /s/ Deborah H. Renner Deborah H. Renner Baker & Hostetler LLP 45 Rockefeller Plaza New York, New York 10111 Telephone: (212) 589-4200 Facsimile: (212) 589-4201 Email: [email protected] 6 10-05208-brl Doc 46-1 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 1 of 8 EXHIBIT 1 Exhibit 1 10-05208-brl From: Sent: To: Cc: Subject: Attachments: Doc 46-1 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 2 of 8 Exhibit 1 Ranade, Samir K. Tuesday, January 17, 2012 3:56 PM Schmidt, Brian A.; Gottlieb, Robert W.; Richard Asche; [email protected] Truong, Sarah J.; Renner, Deborah H.; Pergament, Benjamin D.; Hirschfield, Marc E. RE: Our respnse to your proposal Trotanoy MTD Stip - 1-17-12 Baker Draft.doc; Trotanoy MTD Stip - 1-17-12 Baker Draft Blackline.docx All ‐‐ In light of the conversation I had with Ron Lefton this past Friday, please find a further revised draft of the proposed stipulation in clean and blackline. On the forum non conveniens issue, we continue to believe that it would be efficient for Judge Lifland to consider the issue of forum non conveniens for those Defendants that have so moved along with personal jurisdiction ‐‐ both issues are threshold issues and overlap factually. However, given Defendants' unwillingness to make a joint application to Judge Rakoff seeking such relief, we represent that we have no plans to petition Judge Rakoff to direct Judge Lifland to consider forum non conveniens in connection with personal jurisdiction. As such, we have removed the portions of the proposed stipulation dealing with forum non conveniens. On the jurisdictional discovery issue, we have drafted a whereas clause reserving all parties' rights with respect to this matter. Please let me know if this version is acceptable, or if you would like to have a call to discuss further. Thanks very much, Samir ‐‐‐‐‐Original Message‐‐‐‐‐ From: Ranade, Samir K. Sent: Friday, January 13, 2012 10:21 AM To: 'Schmidt, Brian A.'; Gottlieb, Robert W.; Richard Asche; [email protected] Cc: Truong, Sarah J.; Renner, Deborah H.; Pergament, Benjamin D.; Hirschfield, Marc E. Subject: RE: Our respnse to your proposal All ‐‐ Please find the Trustee's proposed revisions to your draft of the stipulation. If there are issues you want to discuss, we should have a call early next week. Thanks, Samir ‐‐‐‐‐Original Message‐‐‐‐‐ From: Schmidt, Brian A. [mailto:[email protected]] Sent: Wednesday, January 04, 2012 8:20 PM To: Ranade, Samir K.; Gottlieb, Robert W.; Richard Asche; [email protected] 1 10-05208-brl Doc 46-1 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 3 of 8 Exhibit 1 Cc: Truong, Sarah J.; Renner, Deborah H.; Pergament, Benjamin D.; Hirschfield, Marc E. Subject: RE: Our respnse to your proposal Thank you for the draft stipulation. Defendants' proposed revisions are reflected in the attached (clean and redline). ________________________________ From: Ranade, Samir K. [[email protected]] Sent: Tuesday, January 03, 2012 7:11 PM To: Gottlieb, Robert W.; Richard Asche; [email protected]; Schmidt, Brian A. Cc: Truong, Sarah J.; Renner, Deborah H.; Pergament, Benjamin D.; Hirschfield, Marc E. Subject: RE: Our respnse to your proposal Please find a proposed stipulation regarding the briefing schedule. Please let me know if this is acceptable as is or if you have comments. After we reach agreement on the stipulation, we can contact Judge Lifland’s chambers to finalize the hearing day (during the week of April 1), and then send in the joint stipulation. Thanks, Samir My Bio<http://www.bakerlaw.com/FindLawyers.aspx?Lookup_By_Email=sranade> | Web site<http://www.bakerlaw.com/> | V‐card<http://www.bakerlaw.com/vcards/sranade.vcf> T 212.271.1515 F 212.589.4201 M www.bakerlaw.com<http://www.bakerlaw.com/> Samir Ranade [email protected]<mailto:%[email protected]> Baker & Hostetler LLP 45 Rockefeller Plaza New York, New York 10111 [Description: C:\Users\sranade\AppData\Roaming\Microsoft\Signatures\Baker_Logo_foECards.gif]<http://www.bakerlaw.com/> 2 10-05208-brl Doc 46-1 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 4 of 8 Exhibit 1 From: Gottlieb, Robert W. [mailto:[email protected]] Sent: Thursday, December 22, 2011 5:45 PM To: Richard Asche; [email protected]; Ranade, Samir K.; Schmidt, Brian A. Cc: Truong, Sarah J.; Renner, Deborah H.; Pergament, Benjamin D.; Hirschfield, Marc E. Subject: RE: Our respnse to your proposal We agree. ROBERT W. GOTTLIEB Partner Katten Muchin Rosenman LLP 575 Madison Avenue / New York, NY 10022‐2585 p / (212) 940‐7090 f / (212) 940‐6505 [email protected]<mailto:[email protected]> / www.kattenlaw.com<http://www.kattenlaw.com> From: Richard Asche [mailto:[email protected]] Sent: Thursday, December 22, 2011 5:27 PM To: [email protected]; [email protected]; Schmidt, Brian A.; Gottlieb, Robert W. Cc: [email protected]; [email protected]; [email protected]; [email protected] Subject: RE: Our respnse to your proposal I am in agreement on behalf of Hyposwiss. Richard Asche From: [email protected] [mailto:[email protected]] Sent: Thursday, December 22, 2011 5:30 PM To: [email protected]; [email protected]; [email protected]; [email protected] Cc: [email protected]; [email protected]; [email protected]; [email protected] Subject: RE: Our respnse to your proposal This is OK with me on behalf of Palmer. I speak for no one else. ________________________________ From: Ranade, Samir K. [mailto:[email protected]] Sent: Thursday, December 22, 2011 4:42 PM To: Lefton, Ronald D. (Shld‐NY‐LT); [email protected]; [email protected]; [email protected] Cc: Truong, Sarah J.; Renner, Deborah H.; Pergament, Benjamin D.; Hirschfield, Marc E. Subject: RE: Our respnse to your proposal All: We spoke with Judge Lifland’s chambers. Chambers wants 2 weeks between replies and the hearing date, so a March 21 hearing would push our opposition briefing too early into February. The court is next available to hear the motion during the week of April 1 (either Tuesday, Wednesday, or Thursday, subject to the Court’s availability.) Our proposal is that we schedule the hearing for this week, with Defendants’ replies on March 20 and our opposition papers in on February 28. Please let me know if this acceptable, and we can set a date with chambers. We will prepare a draft stipulation for your review as well. Thanks, Samir 3 10-05208-brl Doc 46-1 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 5 of 8 Exhibit 1 My Bio<http://www.bakerlaw.com/FindLawyers.aspx?Lookup_By_Email=sranade> | Web site<http://www.bakerlaw.com/> | V‐card<http://www.bakerlaw.com/vcards/sranade.vcf> T 212.271.1515 F 212.589.4201 M www.bakerlaw.com<http://www.bakerlaw.com/> Samir Ranade [email protected]<mailto:%[email protected]> Baker & Hostetler LLP 45 Rockefeller Plaza New York, New York 10111 [Description: C:\Users\sranade\AppData\Roaming\Microsoft\Signatures\Baker_Logo_foECards.gif]<http://www.bakerlaw.com/> From: Ranade, Samir K. Sent: Thursday, December 22, 2011 12:39 PM To: '[email protected]'; [email protected]; [email protected]; [email protected] Cc: Truong, Sarah J.; Renner, Deborah H.; Pergament, Benjamin D.; Hirschfield, Marc E. Subject: RE: Our respnse to your proposal All: We will contact the Court’s chambers to see if the Court is amenable to the briefing/hearing dates proposed in Ron’s email. Assuming the Court agrees, we can circulate a stipulation for your review, to be submitted jointly to the Court for approval. Thanks. My Bio<http://www.bakerlaw.com/FindLawyers.aspx?Lookup_By_Email=sranade> | Web site<http://www.bakerlaw.com/> | V‐card<http://www.bakerlaw.com/vcards/sranade.vcf> 4 10-05208-brl Doc 46-1 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 6 of 8 Exhibit 1 T 212.271.1515 F 212.589.4201 M www.bakerlaw.com<http://www.bakerlaw.com/> Samir Ranade [email protected]<mailto:%[email protected]> Baker & Hostetler LLP 45 Rockefeller Plaza New York, New York 10111 [Description: C:\Users\sranade\AppData\Roaming\Microsoft\Signatures\Baker_Logo_foECards.gif]<http://www.bakerlaw.com/> From: [email protected] [mailto:[email protected]] Sent: Tuesday, December 20, 2011 7:14 PM To: Ranade, Samir K.; Truong, Sarah J. Cc: [email protected]; [email protected]; [email protected] Subject: Our respnse to your proposal Sarah and Samir: In reliance on your representation that you are not going to seek discovery in advance of the submission of the motion on the return date, we will agree to the schedule you proposed, with one modification, as follows: Return date on the motions to dismiss for lack of personal jurisdiction to be advanced to March 21, 2012, with your opposition papers due by noon on February 24, 2012, and our reply papers due on March 16, 2012. We will consent to your application to file one consolidated brief in opposition, and we will not oppose your application for more pages, that being an issue for the court. We reject your proposal with regard to the forum non motion. Please confirm that you will prepare the necessary application to accomplish the foregoing with regard to the motion to dismiss for lack of personal jurisdiction. Ron Ronald D. Lefton Shareholder Greenberg Traurig, LLP | MetLife Building | 200 Park Avenue | New York, NY 10166 Tel 212.801.3159 | Fax 212.224.6116 [email protected]<mailto:[email protected]> | www.gtlaw.com<http://www.gtlaw.com/> [Image removed by sender. Greenberg Traurig] ________________________________ 5 10-05208-brl Doc 46-1 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 7 of 8 Exhibit 1 If you are not an intended recipient of confidential and privileged information in this email, please delete it, notify us immediately at [email protected]<mailto:[email protected]>, and do not use or disseminate such information. Pursuant to IRS Circular 230, any tax advice in this email may not be used to avoid tax penalties or to promote, market or recommend any matter herein. ________________________________ ________________________________ This email is intended only for the use of the party to which it is addressed and may contain information that is privileged, confidential, or protected by law. 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Therefore, we do not accept responsibility for any errors or omissions that are present in this email, or any attachment, that have arisen as a result of e‐mail transmission. 7 Exhibit 1 10-05208-brl Doc 46-2 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 1 of 2 EXHIBIT 2 Exhibit 2 10-05208-brl Doc 46-2 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 2 of 2 Exhibit 2 10-05208-brl Doc 46-3 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 1 of 4 EXHIBIT 3 Exhibit 3 10-05208-brl Doc 46-3 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 2 of 4 Exhibit 3 10-05208-brl Doc 46-3 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 3 of 4 Exhibit 3 10-05208-brl Doc 46-3 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 4 of 4 Exhibit 3 10-05208-brl Doc 46-4 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 1 of 3 EXHIBIT 4 Exhibit 4 10-05208-brl Doc 46-4 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 2 of 3 Exhibit 4 10-05208-brl Doc 46-4 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 3 of 3 Exhibit 4 10-05208-brl Doc 46-5 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 1 of 3 EXHIBIT 5 Exhibit 5 10-05208-brl Doc 46-5 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 2 of 3 Exhibit 5 10-05208-brl Doc 46-5 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 3 of 3 Exhibit 5 10-05208-brl Doc 46-6 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 1 of 11 EXHIBIT 6 Exhibit 6 10-05208-brl Doc 46-6 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 2 of 11 Exhibit 6 10-05208-brl Doc 46-6 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 3 of 11 Exhibit 6 10-05208-brl Doc 46-6 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 4 of 11 Exhibit 6 10-05208-brl Doc 46-6 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 5 of 11 Exhibit 6 10-05208-brl Doc 46-6 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 6 of 11 Exhibit 6 10-05208-brl Doc 46-6 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 7 of 11 Exhibit 6 10-05208-brl Doc 46-6 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 8 of 11 Exhibit 6 10-05208-brl Doc 46-6 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 9 of 11 Exhibit 6 10-05208-brl Doc 46-6 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 10 of 11 Exhibit 6 10-05208-brl Doc 46-6 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 11 of 11 Exhibit 6 Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 1 of 34 EXHIBIT 7 10-05208-brl Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 2 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 3 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 4 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 5 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 6 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 7 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 8 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 9 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 10 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 11 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 12 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 13 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 14 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 15 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 16 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 17 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 18 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 19 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 20 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 21 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 22 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 23 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 24 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 25 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 26 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 27 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 28 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 29 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 30 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 31 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 32 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 33 of 34 Exhibit 7 10-05208-brl Doc 46-7 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 34 of 34 Exhibit 7 10-05208-brl Doc 46-8 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 1 of 3 EXHIBIT 8 Exhibit 8 10-05208-brl Doc 46-8 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 2 of 3 Exhibit 8 ACCESS INTERNATIONAL ADVISORS QUARTERLY STRATEGIC MEETING DECEMBER 13 TO DECEMBER 15TH, 2004 MINUTES Summary: A- INVESTMENT MANAGEMENT DEPARTMENT B-FINANCE C-MARKETI NG D-ADMINISTRATION: I Weekly Pàrtners Meeting. 2 Administrative Meeting. 3 Compliance Meeting EXHIBIT 771e i CONFIDENTIAL TQ-06/O1/2005 722 42 26 22 20 EP Ventas EP Argent CAP Elite Classic Licorne Eto lia n EPApache EP Ventas Bass brother EP Comanche EP Libertas EP Double Alpha EP Omega 4 5 3 9 3% e Stabler Etolian Licorne Double Al P Uberta Trotanoy Comanc !ent CIas Fund ccrss NrlRNATIO\M AD\ isotta 1\C E-mail. aiau Cl Page 6 iaIoup colli kl:I(212)2237167 Ia 1(212)223346; 509 \ladi rn A' entre 22nd I ioc 'e ' nil.., 'X 10022 Prepnd b 7% UEP Apache 5% MEP Varitas oBass,hiomanche 1% EP Libertas Assets raised by Family for 2004 3% B Rank 3% 5% 7% 7% 9% 11% 42% % 0% DEtolian 1% Alpha DEP Double 0.5 3 4 4.5 9.5 10.8 13.4 29 Asset raised 0% 0% 1% 1% 1% 1% 2% 4% Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 3 of 3 nn N PIfl P NTIA I 56 Groupement Financier 158 70 56 42 22 13 10 56 EP Apache Argent 70 EP Omega 390 83 Argent LL TOTAl 323 Luxalpha BM t 10 Asset raised Fund Assets raised by Fund for 2004 ACCEL. INTERNATIONAl ADVISORS Marketing Review Doc 46-8 B GLT 12/10/04 10-05208-brl Exhibit 8 10-05208-brl Doc 46-9 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 1 of 2 EXHIBIT 9 Exhibit 9 10-05208-brl I i..: . E ,, ii 5 II i I :I 1. , 2OTH Doc 46-9 4!YC4 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 2 of 2 APRIL lg 98 Exhibit 9 .G ; i ~ l /mJc'r /ty 4~1,/i~lu/J,~~d .4~ 4 s 4 m ( . dc fi~tt,,tm~,- 10-05208-brl Doc 46-10 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 1 of 2 EXHIBIT 10 Exhibit 10 10-05208-brl Doc 46-10 Filed 02/28/12 Entered 02/28/12 17:27:55 Pg 2 of 2 Exhibit 10
