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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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result of regulatory pressure, which held itself out as Groupement’s investment manager—but in
reality was operated and managed by Access personnel directed by the New York office. The
jurisdictional contacts of the New York office should thus be ascribed to AP (Suisse) as a result
of their agency relationship. Van Egeraat, 2009 WL 1209020, at *2–4.
Jurisdiction is also appropriate over AP (Suisse) as a mere department of Access’s New
York office. As to the threshold requirement of common ownership, Littaye and Villehuchet,
who controlled and owned Access’s New York office, also possessed an ownership stake in AP
(Suisse). 37 Further, the remaining factors of mere department analysis are satisfied because AP
(Suisse) was an entity with no employees, and was dominated and controlled by, and financially
interdependent with, Access’s New York headquarters, which operated AP (Suisse) and the other
overseas Access subsidiaries as a single business enterprise managed out of New York. See Van
Egeraat, 2009 WL 1209020, at *2–4; Dorfman, 2002 WL 14363, at *11.
9. Delandmeter Is Subject to Jurisdiction Because He Undertook
Numerous Actions Directed at New York
This Court has specific personal jurisdiction over Delandmeter because he purposefully
availed himself of the privilege of transacting business in New York and undertook numerous
actions in the state that were directed at maintaining and enhancing Access’s relationship with
BLMIS. Delandmeter was among the incorporators of Luxalpha. He also served as Luxalpha’s
legal advisor, and served on its board as well as the boards of several Access entities. He
37 Littaye and Villehuchet were among the initial incorporators of AP (Suisse) in May 2007, along with Colin Vidal
of Aforge Capital Management (“Aforge”). (Pergament Decl. Ex. 164.) Littaye and Villehuchet received equity
shares in AP (Suisse). (See Pergament Decl. Ex. 165.) However, according to Access’s July 2011 Corporate
Ownership Statement, an entity called “Access Participation (Luxembourg)” now owns a 100% interest in AP
(Suisse). [S.D.N.Y. ECF No. 5 at 3.] The Trustee can find no record of a corporation by this name, but a
corporation named Access Participations S.A. was formed in Luxembourg in 2008. (Pergament Decl. Ex. 166.) At
incorporation, over 99% of the shares of Access Participations S.A. were assigned to Littaye, with the remaining
share assigned to Delandmeter. (Id.) Access Participations S.A. was put into liquidation in 2010, with Delandmeter
serving as the liquidator. (Pergament Decl. Ex. 167.) Given the complexity and changing nature of the ownership
interests and roles performed by the Moving Access Defendants, if the Court finds that the Trustee has not made a
prima facie showing of jurisdiction, targeted jurisdictional discovery would help clarify the relevant facts.
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