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10-04285-brl Doc 127 Filed 08/17/12 Entered 08/17/12 14:29:55 Main Document Pg 82 of 133 department of Access’s New York office. 28 Additionally, jurisdiction over each Moving Access Defendant is proper because Access’s New York office acted as its agent in New York. 3. The Five Moving Access Defendants are Subject to Jurisdiction Because They Directed Investments into BLMIS in New York The Court may exercise specific jurisdiction over the each of the Moving Access Defendants—AIA Europe, AIA Ltd., AML/AIA (Lux), AP (Lux), and AP (Suisse)—as a result of their direct and systematic contacts with New York. These entities played vital roles that made it possible for Luxalpha and Groupement to function and invest in New York. Each collected fees or other compensation as a result of services they purported to provide for Luxalpha and/or Groupement. These fees originated from funds transferred to and from BLMIS, the recovery of which is one purpose of the Trustee’s lawsuit. Their roles in the management and administration of the feeder funds demonstrate that these entities purposefully and systematically directed investments into New York, and are thus subject to this Court’s specific jurisdiction in a lawsuit directly bearing upon that activity. See Maxam 460 B.R. at 117–18; Chais, 440 B.R. at 278–80; Cohmad, 418 B.R. at 80–81; Cromer, 137 F. Supp. 2d at 476–77. The functions of each Moving Access Defendant that demonstrate its direction of investment activity into BLMIS through Luxalpha and/or Groupement, and evidence of fees or other compensation each Moving Access Defendant was entitled to receive as a result of this activity, are described below: � AIA Europe o Served as official administrative agent of Groupement and related fund Groupement Levered until 2005 (Am. Compl. 23; Pergament Decl. Exs. 113; 114 at 3.) Also 28 The entities that comprised Access’s New York office, Defendant AIA LLC (which has not contested jurisdiction) and now-defunct AIA Inc. operated out of Access’s office in New York on an ongoing and continuous basis, subjecting Access’s New York operations to the Court’s general jurisdiction. (See Am. Compl. 22; Pergament Decl. Exs. 1 at 8 – 10; 98 at 7 – 8; Chloe, 616 F.3d at 164). In addition, among other contacts, AIA LLC is subject to the Court’s specific jurisdiction through its role as Luxalpha’s portfolio advisor. (Am. Compl. 22.) 62
10-04285-brl Doc 127 Filed 08/17/12 Entered 08/17/12 14:29:55 Main Document Pg 83 of 133 performed “back office” functions to support Groupement’s investments in BLMIS until the collapse of BLMIS in December 2008 (See, e.g., Pergament Decl. Ex. 115.) � Tracked Groupement’s NAV, created technical analysis reports about Groupement, and corresponded with Access’s New York office about these topics (Id; Pergament Decl. Ex. 116.) � Corresponded with Access’s New York office regarding processing of redemptions from Groupement (Pergament Decl. Ex. 117.) � Sent redemption requests for Groupement directly to BLMIS in New York (Pergament Decl. Ex. 118.) � Spoke with BLMIS employees in New York directly about monies coming in from Groupement and to track BLMIS’s movements in the market (Pergament Decl. Ex. 119.) o Performed “back office” functions to support Luxalpha’s investments in BLMIS from its London office until the collapse of BLMIS in December 2008 (Am. Compl. 23.) � Tracked Luxalpha’s performance and cash calculations, and corresponded with Access’s New York office about these topics (Pergament Decl. Exs. 120-122.) � Received monthly account statements from BLMIS in New York, and directed Luxalpha investor money into the custody of BLMIS (Pergament Decl. Exs. 123, 124.) o Received compensation for its “costs and expenses” from other Access entities, including New York-based AIA Inc., with respect to services provided to Luxalpha and Groupement (See Pergament Decl. Ex. 125 at 1.) � AIA Ltd. o Served as official investment manager for Groupement and Groupement Levered until July 2007 (Am. Compl. 24; Pergament Decl. Exs. 114 at 2; 18 at 6.) � Required to “arrange for the asset management of the Fund . . . in accordance with the investment objectives and policies of the Fund,” and perform “surveillance and constant review” of Groupement’s assets (Pergament Decl. Ex. 126 at 3-4.) � Entitled to receive an annual management fee and a performance fee from Groupement, both of which were based on Groupement’s NAV (Id. at 4 & App’x 1.) o Also served as official “client introducer” for Luxalpha (Pergament Decl. Ex. 127.) � Had responsibility to (Id. at 1.) 63
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