BAKER & HOSTETLER LLP 45 Rockefeller Plaza New York, New ...

10-04285-brl Doc 127 Filed 08/17/12 Entered 08/17/12 14:29:55 Main Document
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and other entities and individuals related to Access International Advisors (collectively,
“Access”). UBS AG, which has not contested jurisdiction, and UBS SA were the co-sponsors of
Luxalpha at its inception, and created Luxalpha for the sole purpose of investing in BLMIS in
New York. UBS SA earned fees the Trustee seeks to recover by, among other things,
contracting and regularly communicating with BLMIS, making transfers to and from BLMIS for
Luxalpha investors, and serving as Luxalpha’s designated custodian and portfolio manager.
UBS SA also submitted customer claims on behalf of Luxalpha and served as the prime bank for
the Groupement fund. UBSFSL earned fees the Trustee seeks to recover by administering the
investments made by Luxalpha and Groupement in New York, including through direct contact
with Access’s New York office and BLMIS employees. UBSTPM earned fees the Trustee seeks
to recover by serving as the portfolio manager for Luxalpha. Each of the Moving UBS
Defendants has sufficient minimum contacts with New York to support the exercise of
jurisdiction.
The Moving Access Defendants also directed their actions toward New York with the
intent of availing themselves of the benefits of business conducted here. AIA Europe earned
compensation by administering Groupement’s investments in New York, by regularly
corresponding with Access’s New York office and BLMIS employees concerning subscriptions
and redemptions, and by tracking Groupement’s and Luxalpha’s investments, among many other
tasks based on activity in New York. AIA Ltd., an Access entity created offshore pursuant to
Madoff’s directive, served as the investment manager for Groupement among other roles. AML,
AP (Lux), and AP (Suisse) each earned fees the Trustee seeks to recover for variously serving as
the portfolio and investment managers or advisors for Luxalpha and/or Groupement, both of
which invested essentially all of their assets with Madoff in New York. The Court can properly
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