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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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Delandmeter was involved in nearly every major decision regarding Luxalpha from the fund’s
inception through its collapse.
On February 5, 2004, Delandmeter along with UBS SA established Luxalpha’s articles of
incorporation. (Pergament Decl. Ex. 7 at 1.) That same day, Delandmeter executed a resolution
that authorized Luxalpha’s relationship with Madoff in New York and the delegation of asset
management and custodial authority to BLMIS. (Pergament Decl. Ex. 8 at 2–4; see Pergament
Decl. Ex. 9 at 7–9, 18–21.) He and the Moving Luxalpha Director Defendants then executed
resolutions that approved and amended sales prospectuses which concealed Madoff’s role as
actual custodian and asset manager. (Pergament Decl. Exs. 8 at 2; 12; see, e.g., Pergament Decl.
Ex. 10.) Similarly, Delandmeter approved Luxalpha’s financial statements despite knowing that
these documents did not disclose Madoff’s role as custodian and asset manager. (See Pergament
Decl. Ex. 71; see, e.g., Pergament Decl. Ex. 47.)
Delandmeter also routinely executed board resolutions that protected and preserved the
Luxalpha-BLMIS relationship. For example, Delandmeter signed a June 20, 2006 report
confirming that Luxalpha was “in conformity with the determined investment policy” and “the
investment restrictions as mentioned in the prospectus.” (Pergament Decl. Ex. 14.) On
numerous occasions, Delandmeter also executed quarterly board resolutions stating that
Luxalpha’s Board “noted that the monitoring of the management of the various risks to which
the SICAV is exposed has been performed and has not signaled significant irregularities over the
period.” (Pergament Decl. Exs. 73-81.)
Delandmeter also executed agreements on behalf of Luxalpha with UBS and Access
entities that authorized Luxalpha to pay the management and administrative fees to these
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