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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� Entitled to receive fees
(Id. at 4; Pergament Decl. Ex. 128.)
o Considered by Access to be its “money box” (Pergament Decl. Ex. 129 at 2.)
� AML (and predecessor AIA (Lux))
o AIA (Lux) served as Luxalpha’s official portfolio advisor from February 4, 2004 until
August 1, 2004 (Am. Compl. 26.)
� Advised UBS SA in connection with UBS SA’s official role as portfolio manager of
Luxalpha (Pergament Decl. Ex. 130.) Tasked with compliance with the “investment
restrictions” applicable to Luxalpha and “surveillance and constant review” of
Luxalpha’s assets (Id. at 3-4.)
� Entitled to receive fees in connection with this role (See id. at 4.)
o AIA (Lux) also served as official investment advisor for Groupement, until function
replaced by AP (Lux) in 2007 (Pergament Decl. Exs. 131; 135 at 2.)
� Required to advise Groupement on matters relating to its portfolio, its investment
objectives, and to liaise with Groupement’s principal banker and administration agent
(Pergament Decl. Ex. 131 at 2-3.)
� Entitled to receive both an advisory fee and a performance fee from Defendant AIA
Ltd, each of which was tied to Groupement’s NAV (Id. at App’x 1-2.)
o AML served as Luxalpha’s official portfolio manager from November 17, 2008 through
the fund’s liquidation (Am. Compl. 26.)
� AP (Lux)
� Had responsibility to “distribute, market and promote the Fund,” to “solicit and
transmit subscription orders,” to “receive and transmit redemption and conversion
orders,” to “receive from investors payment . . . for their subscription,” and . . .
“where applicable allocate to Investors, . . . the Shares to be issued to them”
(Pergament Decl. Ex. 132 at 8.)
� Entitled to receive from Luxalpha a quarterly fixed fee based on the fund’s trading
assets, and a quarterly performance fee based on the performance of the fund’s
trading assets (Id. at 22.)
o Served as Luxalpha’s official investment advisor from February 13, 2007 through the
fund’s liquidation (Am. Compl. 27.)
� Had responsibility to advise Luxapha’s portfolio managers UBSTPM and AML with
regard to investment recommendations (Am. Compl. 27; Pergament Decl. Exs. 133
at 7, 17; 11 at 7, 16.)
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