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10-04285-brl Doc 127 Filed 08/17/12 Entered 08/17/12 14:29:55 Main Document Pg 80 of 133 Access maintained a website with the URL www.AIAGroup.com. 26 (Pergament Decl. Ex. 98 at 1.) A marketing document from July 2007 states, “Access has a staff of 20 employees located in the U.S.A. and Europe.” (Id. at 5.) And a 2008 report stated, “The company currently employs 23 people who are divided into 4 offices between Europe (Paris, London, and Luxemburg) [sic] and the US (New York City.) Luxembourg is only a legal entity.” (Pergament Decl. Ex. 105 at 13.) Marketing materials prepared by Access did not list employees as working for a specific entity; rather, they were grouped by function and responsibility. (Pergament Decl. Ex. 98 at 8.) As of 2008, its 25 employees were divided between an investor relations department, risk and portfolio management department, and administration, with none of these employees located in the Bahamas, Luxembourg or Switzerland—where Defendants AIA Ltd., AML and AP (Lux), and AP (Suisse), respectively, were incorporated. (See Pergament Decl. Ex. 106 at 8.) Access employees worked for, or were affiliated with, several entities at the same time. Access principal and Defendant Theodore Dumbauld stated that he “theoretically worked for multiple Access entities;” although he was paid by the New York-based AIA LLC, he also “had contracts . . . with maybe three different entities,” including “a London-based entity and then maybe a Paris or French-based entity.” (Pergament Decl. Ex. 88 at 29:6-17.) Also, several employees had email addresses for more than one Access entity. For instance, John Baker, who worked for AIA Europe in London, had the email addresses “jbaker@aiallc.us” (Pergament Decl. Ex. 107,) 26 This website stated, “ACCESS INTERNATIONAL ADVISORS INC. together with its affiliates and subsidiaries (the ACCESS Group) is an investment advisory firm specializing in alternative investments.” (Aiagroup.com as of March 28, 2003, http://web.archive.org/web/20030219100423/http://www.aiagroup.com/ (accessed under aiagroup.com in the Internet Archive index). A general access email account under the name “AccessGroup” with the address “accessgroup@mailaiagroup.com” was used at least by Littaye and AIA Europe employee John Baker. (See, e.g., Pergament Decl. Exs. 103, 104.) 60
10-04285-brl Doc 127 Filed 08/17/12 Entered 08/17/12 14:29:55 Main Document Pg 81 of 133 “jbaker@accessmanlux.com” (Pergament Decl. Ex. 108,) and “jbaker@aiagroup.com.” (Pergament Decl. Ex. 109.) Various Access entities also performed work for one another, without regard for corporate separateness. For example, a fee sharing schedule was drafted on Bahamas-based AIA Ltd. letterhead, but refers to “A.I.A.,” “Access,” and the “A.I.A. Group” throughout, including in the section referencing the fees received in connection with Groupement and Luxalpha. (Pergament Decl. Ex. 110.) The various Access entities also worked as a cohesive unit on coordinated initiatives, as typified by a December 3, 2008 email with the subject line “Coordination Mailing – December 03” that was sent to employees across numerous Access offices. (Pergament Decl. Ex. 111.) 27 Access’s interconnected and undifferentiated nature demonstrates that none of its constituent components had any independent business and none could have operated separately from Access’s collective business enterprise. In fact, without the direction and operational control of the New York office, there would be no reason for any of the Moving Access Defendants to exist. Littaye and Villehuchet dominated and controlled each and every Access entity, establishing and operating them for the purpose of benefiting from BLMIS’s New York- based operations; to put money into, and take it out of, New York. Therefore, and as demonstrated below, in addition to the direct ties between each Moving Access Defendant and the forum, jurisdiction is also predicated on each Moving Access Defendant’s status as a mere 27 New York-based AIA Inc. and AIA LLC, along with Moving Access Defendants AIA Ltd., AIA Europe, AP (Suisse), and AP (Lux) also maintained professional liability insurance through a single insurance policy, rather than on separate policies, provided by Executive Risk Indemnity Inc., a United States-based insurer. (Pergament Decl. Ex. 112.) 61
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