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
Pg 96 of 133
a. Delandmeter Directed His Actions at New York in Furtherance
of Access’s BLMIS-Related Business
Delandmeter undertook numerous actions in New York that were purposefully directed at
maintaining and enhancing Access’s relationship with BLMIS. Delandmeter was a director of
AIA Inc., a New York-based company, as early as June 2003, as well as a director of other
Access entities. 38 (Pergament Decl. Ex. 169.) In these roles, Delandmeter came to New York at
least once or twice a year between 2004 and 2008 to make presentations about Access’s funds at
Access’s Quarterly Strategic Meetings. (Pergament Decl. Exs. 89 at 41:23–43:12; 100 at 5; 101
at 5; 102 at 3–4.) 39 Access’s clients sometimes attended these meetings, thereby providing
Delandmeter and the other Access executives the opportunity to promote their Madoff-related
funds and further build the Access business. (Pergament Decl. Ex. 89 at 41:23–43:12.)
Delandmeter also came to New York at least once to accompany Littaye on his quarterly meeting
with Madoff. (Id. at 41:20–22.) He also signed contracts with BLMIS for at least one fund for
which he and Littaye served as directors, Benouville Finances Ltd., and he also signed a
customer claim for that fund in the BLMIS liquidation. (See Pergament Decl. Exs. 170; 171 at 4.)
b. Delandmeter Directed His Actions at New York in Furtherance
of Luxalpha’s BLMIS-Related Business
Delandmeter also took numerous actions aimed at New York in furtherance of
Luxalpha’s business relationship with BLMIS. Delandmeter served as a director of Luxalpha
and its legal advisor from 2003 until November of 2008. (Pergament Decl. Exs. 10 at 7; 11 at 7.)
Delandmeter’s role was more than that of an outside lawyer or legal consultant. Indeed,
38 In addition, Delandmeter served as a director for several other Access entities, including AIA (Lux), AML, and
AP (Lux), and as Access’s Luxembourg counsel. (Pergament Decl. Exs. 94 at 7; 168; 96 at 7-8; 89 at 41:20–22.)
39 Delandmeter argues that he would be “greatly burdened having to defend himself thousands of miles from home,
where he has no presence.” (Delandmeter Mot. at 18.) Yet Delandmeter had no issue with traveling to and from
New York on a regular basis to attend meetings and give presentations when he was employed by Access.
76