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10-04285-brl Doc 127 Filed 08/17/12 Entered 08/17/12 14:29:55 Main Document
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h. UBS SA Submitted a Customer Claim to the Trustee on Behalf
of Luxalpha
On March 2, 2009, UBS SA filed a customer claim in the BLMIS liquidation, Claim No.
005025, on behalf of Luxalpha, which was signed by UBS SA employees Marcel Bruhwiler and
Ueli Schlaepfer. (Pergament Decl. Ex. 22 at 4.) This claim lists “UBS (Luxembourg) S.A. on
behalf of LUXALPHA Sicav” as the Customer, and provides UBS SA’s Taxpayer Identification
Number. (Id. at 1.) The submission of this claim on Luxalpha’s behalf in New York is yet
another UBS SA contact with the forum and further evidence the UBS SA has availed itself of
the protections of U.S. law. 16
2. UBSFSL Is Subject to the Court’s Jurisdiction Because it
Administered Luxalpha and Groupement, Directing Investments to
BLMIS in New York
UBSFSL’s contention that its “jurisdictionally relevant business activities . . . had
virtually no connection to the United States” (UBS Mot. at 29) rings hollow. UBSFSL served as
administrator of Luxalpha and Groupement (see Boulat Decl. 9, 12 [Bankr. S.D.N.Y. ECF
No. 111]) and took steps to direct these funds’ investments to BLMIS in New York, which
actions subject UBSFSL to the specific jurisdiction of the Court. See Maxam, 460 B.R. at 117
(jurisdiction found as a result of defendants’ “directing investments to the United States”);
Cromer, 137 F. Supp. 2d at 476-77 (finding that foreign administrator of a fund was subject to
jurisdiction given “the quality and nature of [its] relationship with the United States, arising out
of [its] work for the Fund” and because it “received from the United States all of the information
from which it prepared the statements it disseminated as Fund administrators”).
16 The Trustee does not contend that UBS SA submitted itself to the jurisdiction of the Court by filing the claim on
Luxalpha’s behalf, but rather that the preparation and submission of the claim by UBS SA constitutes yet another
contact with the forum.
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