Anwar et al v. Fairfield Greenwich Limited et al

Filing 1150

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Bradley P. Smith dated 6/10/2013 re: We write on behalf of the Standard Chartered Defendants ("Standard Chartered") to request a conference with the Court concerning expert discovery. ENDORSEMENT: The Court will hold a telephone conference on 6/14/13 at 3pm. If this date and time are not convenient, counsel should place a conference call to chambers by noon on 6/13 to reschedule., ( Telephone Conference set for 6/14/2013 at 03:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 6/10/2013) (lmb) (Additional attachment(s) added on 6/11/2013: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (lmb).

Exhibit B

UNITED STATES DISTRICT COURT
DISTRICT OF NEW YORK

SOUTHElL~

PASHA S. ANWAR, et ai.,
Plaintiffs,

v.
Master File No. 09-cv-118 (VM) (FM)

FAIRFIELD GREENWICH LIMITED, et al.,
Defendants.
This Document Relates To: The Standard
Chartered Cases

THE STANDARD CHARTERED DEFENDANTS' FIRST SET OF REQUESTS

FOR PRODUCTION OF DOCUMENTS CONCERNING ROBERT A. PICARD

Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure (the "Federal
Rules") and Rule 26.3 of the Local Rules of the United States District Court for the Southern
District of New York (the "Local Rules"), defendants Standard Chartered Bank International
(Americas) Limited and Standard Chartered PLC (the "Standard Chartered Defendants") hereby
request that within 30 days from the date of service of this First Set of Requests for Production
(the "Requests") plaintiffs in the Standard Chartered Cases in the above-captioned action
produce the documents specified in the Requests below at the offices of Sullivan & Cromwell
LLP, 125 Broad Street, New York, New York 10004, in the manner agreed to by the parties, and
in accordance with the Definitions and Instructions set forth below.

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DEFINITIOl'iS

1.

The defined terms of this Court as set forth in Rule 26.3 of the Local Rules of

the United States District Court for the Southern District of New York (the "Local Rules") are
incorporated by reference herein.
2.

"Action" means any and all actions pending in the multidistrict litigation

consolidated under the caption Anwar v. Fairfield Greenwich Limited, No. 09-CV -118
(S.D.N.Y.), including but not limited to the Standard Chartered Cases, as those cases are defined
in the Second Amended Scheduling Order Regarding Standard Chartered Cases, entered by the
Court on February 4,2011 (Dkt # 602).
3.

"All" means any and alL

4.

"BLMIS" refers to Bernard L. Madoff Investment Securities LLC, or any of its

employees, agents, owners or affiliates.
5.

"Document(s)" is intended to be interpreted in the broadest possible meaning

accorded to it under Rules 34 and 45 of the Federal Rules of Civil Procedure (the "Federal
Rules") and Rule 26.3 of the Local Rules.
6.

"Picard" refers to Robert A. Picard.

7.

"Picard Report" refers to the Expert Report of Robert A. Picard on Behalf of

Standard Chartered Plaintiffs, including all attachments and appendices, dated August 2, 2012,
together with the document titled "Documents considered by Robert Picard in rendering expert
witness reports," dated April 2, 2013.
8.

"Picard Sur-Rebuttal Report" refers to the Surrebuttal Report of Robert A.

Picard on Behalf of Standard Chartered Plaintiffs, dated March 20, 20l3.

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9.

"You" or "Your" or the "Standard Chartered Plaintiffs" refers to the plaintiffs

in the Standard Chartered CrrSle!l in the nhov~-eflpt1oned fiction
10.

To the extent not defined above. all terms in these Requests for Production (the

"Requests") shall be given their plain and ordinary meaning.
INSTRCCTIONS

A.

The rules of construction of this Court as set forth in Rule 26.3 of the Local Rules

arc incorporated by reference herein.
B.

Each Request shall be construed according to its tenus and shall not be limited

with reference to any other Request.
C.

The connectives "and" and "or" shall be construed either disjunctively or

conjunctively as necessary to bring within the scope of the Request any response or document
that might otherwise be construed to be outside its scope.
D.

You shall produce all Documents within your possession, custody or control,

including but not limited to all Documents reasonably accessible to you via the Internet,
electronic mail or by making a written or oral request to a third party.
E.

All electronic data or data compilations shall be produced in the same form or

format in which it was used for Picard's analyses or calculations, in working form with all links
to other spreadsheets and/or underlying active data. and any programs or intermediate analyses
that were used as part of Picard's analyses or calculations or reported results.
F.

If you object to any Request, state with specificity the grounds for each objection

and the Request or Requests to which the objection applies. An objection to part of any Request
must specify the part to which the objection applies. Documents shall be produced for any

Request to which an objection is made insofar as it is not deemed objectionable.
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G.

If you object to any Request on the ground that it is overly broad, state in your

response: 0) how you narrowed the Request, and (ii) the renl1.on(5\) why you claim the Request is
overly broad.
H.

In construing these Requests: (i) masculine, feminine or neuter pronouns shall

not exclude other genders; (ii) the present tense includes the past and future tenses; (iii) the tenn
"including" shall not be construed to limit the scope of any of the Requests; (iv) all Requests
should be interpreted in a manner that makes them inclusive rather than exclusive; and (v) to the
extent multiple Requests seek the same information, and some of those Requests are made with a
greater level of specificity than others, the presence of the more specific Requests shall not serve
as a basis for interpreting the more general Requests narrowly.
I.

All drafts of responsive Documents, as well as non-identical copies, should be

produced.
J.

In answering the Requests, if you claim any form of privilege or protection for

another reason, whether based on statute or otherwise, as a ground for not producing any
requested document, furnish a list identifying each such document and providing the infonnation
required by Rule 45 of the Federal Rules.
K.

If you assert that any requested document has been lost, destroyed, or discarded,

that document should be identified in your response by author, addressee, indicated or blind
copies, and all others to whom the document was distributed, date, subject matter, number of
pages and attachments or appendices, date of loss, destruction or discarding and the
circumstances of the loss, destruction or discarding.

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L.

The Requests shall be deemed continuing so as to require prompt supplemental or

amended responses if you obtain or discover additional Documents between the time of initial
production and the final disposition of this action.

REQUESTS
1.

Other than the documents expressly identified by Bates number in the

document attached as Exhibit A, all documents Picard considered in forming the opinions set
forth in the Picard Report or the Picard Sur-Rebuttal Report.
2.

Excluding (i) communications with counsel for the Standard Chartered

Plaintiffs, (ii) the Picard Report or Picard Sur-Rebuttal Report and (iii) drafts of those reports, all
documents concerning any actual or potential witnesses in the Action that Picard generated,
including but not limited to any notes relating to any interviews or testimony of any actual or
potential witnesses, including but not limited to any notes relating to any testimony of Robert
Friedman, John Dutkowski or Ezra Zask.
3.

All documents that "show that in 2006, SCI earned $37,000,000, and its asset

management, fiduciary and client services fees totaled $61,000,000, while it had
$22,500,000,000 AUM (assets under management) at December 31, 2006," as set forth on page
8 of the Picard Report.
4.

All documents supporting the contention that "SC client holdings in Fairfield

Sentry, which amounted to approximately 2.4% of SC's AUM, nevertheless generated 8.1 % of
asset management fees," as set forth on page 8 of the Picard Report.
5.

Documents sufficient to show Picard's compensation. including total hours

billed, as an expert or consultant in the Action.

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6.

All communications identifying any facts or data that Picard considered in

forrninll; the opinions exoressed in the Picard Report or the Picard SlIr-Rebuttal Report.
7.

All communications concerning any assumptions provided to Picard and that

Picard considered in forming the opinions expressed the Picard Report or the Picard Sur-Rebuttal
Report.
8.

Excluding communications with counsel for plaintiffs in the Action, all

communications between Picard and George A. Martin concerning the Action, including but not
limited to any opinions concerning the Action.
9.

All drafts of the reports of George A. Martin that Picard reviewed and

considered in forming the opinions expressed in the Picard Report or the Picard Sur-Rebuttal
Report.
lO.

Excluding communications with counsel for plaintiffs in the Action, all

communications with any other testifying witness or expert in the Action concerning the Action.
11.

Excluding communications with counsel for plaintiffs in the Action, all

communications with any of the Standard Chartered Plaintiffs or their representatives.

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12.

Excluding communications with counsel for plaintiffs in the Action, all

communications concernin~ Bernard Madoff. Fairfield Sentry. or nny other inves.tment that had.
some or all of its assets purportedly managed by BLMIS.

//~;.

, ,;::;77

ResP/~~Ly-submitt~--

Dated: New York, New York
May 1,2013

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Sharon L. NelleS-­
Bradley P. Smith
Patrick B. Berarducci
SULLIVAN & CROMWELL LLP
125 Broad Street
New York, New York 10004
[phone] (telephone)
[phone] (facsimile)
Diane L. McGimsey
SULLIVAN & CROMWELL LLP
1888 Century Park East
Los Angeles, California 90067
[phone] (telephone)
[phone] (facsimile)

Attorneys for Standard Chartered Bank
International (Americas) Limited and
Standard Chartered PLC

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,

EXHIBIT A

Documents considered by Robert Picard in rendering expert witness reports

Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plaintiffs'
Plainti ffs'
Plaintiffs'
Plaintiffs'

Deposition Ex. 2

Deposition Ex. 7

Deposition Ex. 9

Deposition Ex. 10

Deposition Ex. 18

Deposition Ex. 24

Deposition Ex. 25

Deposition Ex. 28

Deposition Ex. 30

Deposition Ex. 31

Deposition Ex. 33

Deposition Ex. 38

Deposition Ex. 39

Deposition Ex. 41

Deposition Ex. 43

Deposition Ex. 65

Deposition Ex. 72

Deposition Ex. 109

Deposition Ex. 119

Deposition Ex. 120

Deposition Ex. 121

Deposition Ex. 122

Deposition Ex. 123

Deposition Ex. 124

Deposition Ex. 125

Deposition Ex. 126

Deposition Ex. 127

Deposition Ex. 128

SCB- MDL- 00112030
SCB- MDL - 00042291
SCB- MDL- 00010966
SCB - MDL - 00010973
SCB- MDL- 00000948
SCB MDL 00004034
SCB- MDL - 00089521
SCB - MDL- 00089778
SCB- MDL- 00029963
SCB - MDL - 00102069
SCB - MDL- 00011269-71
SCB - MDL- 00116878
SCB - MDL- 00044594

seB - MDL- 00049664
seB- MDL- 00101314
QC9- MDL- 00056620
seB- MDL- 00036018
seB - MDL- 00067741
seB- MDL- 00011563
seB - MDL - 00037601
seB- MDL- 00032773
seB- MDL- 00028329
seB- MDL- 00012663
seB - MDL- 00044552
seB- MDL- 00077723
seB - MDL- 00070800
seB- MDL- 00123629
seB- MDL- 00054521
seB - MDL- 00123469
seB- MDL- 00025042
seB- MDL- 00038765
seB- MDL- 00053212
seB- MDL- 00053217
seB - MDL- 00014367
seB- MDL- 00036300
seB - MDL- 00012496
seB- MDL- 00086606
seB- MDL- 00057175
seB - MDL- 00056632
seB- MDL- 00035460
seB- MDL- 00035462
seB - MDL- 00035530
seB- MDL- 00035531
seB- MDL- 00040477
seB- MDL- 00102416
seB - MDL- 00101053
seB- MDL- 00088666
seB- MDL- 00031028
seB- MDL- 00025024
seB - MDL- 00038217
seB- MDL- 00049708
seB - MDL- 00024550
seB - MDL- 00004825
seB- MDL- 00036516
seB- MDL- 00012083
seB - MOL- 00123325
seB - MDL- 00014602
seB - MDL- 00119340
seB - MDL - 00058164

2

SCB MOL 00053410
SCB- MOL - 00050079
QCll - MDL- 000 t t S7B
SCB- MOL- 00044621
SCB- MOL- 00036157
SCB- MOL- 00028589
SCB - MOL- 00028337
SCB- MOL- 00089543
SCB- MOL- 00014606
SCB- MOL- 00123830
SCB - MOL- 00011442
SCB - MOL - 00036121
SCB- MOL - 00004087
SCB- MOL- 00044595
FGANW002862047
FGANW000252952
FGANW000024842
FGAN WEOOO 180207
Documents specifically referred to in initial and surrebuttal reports
Deposition transcripts specifically referred to in initial and surrebuttal reports

Public Articles reviewed:
· Aksia LLC warning to clients of seven red t1ags related to Madon'
Pi Capital WSJ article excerpts from December 19, 2008
Bloomberg article on Credit Suisse Group warning to investors about Madoff
Acorn Partners Robert Rosenkranz statement in NY Times about Madoff being fraudulent
Castle Hal I Alternatives in WSJ on December 13 th 2008 discussing clear cont1ict of interest
with the Madoff structure.

Societe Generale in the NY Times on December 16th 2008 that visit to Madoffs

headquarters concluded something was not right

· Atlantic Trust quote in the Boston Globe on January 13 th 2009 (concluding that they had

spotted anum ber of red t1ags with Madoff s operation)

Miscellaneous Documents
- Fairfield Sentry, Ltd. June 2008 Fund Snapshot (3 Pages)

· Fairfield Sentry Ltd. Fund Marketing Presentation (October 2007 Powerpoint 27

Pages)

- First Amended Complaint filed in Fairfield Sentry Ltd. v. Fairfield Greenwich Group,

et ai.

- S.E.C. Office of Investigations: Investigation of Failure of the SEC to uncover

Bernard Madoff s Ponzi Scheme (Public Version August 31 sl 2009 Report No. OIG

509 (Executive Summary)

- Form ADV Uniform Application for Investment Adviser Registration for Bernard
L. Madofflnvestment Securities LLC (OMB 3235-0049) Rev. 02/2005

3

.

Bernard L. Madofflnvestment Securities l3F Filings as of Feb. 1st 2007 for Dec.
31 5t 2006 Holdings

-

Testimony ofl-Iarry Markopolos before the US House of Repre:senw.tivc::s

-

.
-

Committee on Financial Services February 4, 2009
Harry Markopolos: The Worlds Largest Hedge Fund is a Fraud: Submission to the
SEC 11/7/05
Complaint filed in Securities Investor Protection Corp. v. Bernard L. MadoJJ
Investment Securities
Amended Complaint filed in Irving Picard. Trustee for the Liquidation ofBernard
L. MadolfInvestment Securities LLC v. Fairfield Sentry Limited
Alternative Investment Management Association (AlMA) Illustrative
Questionnaire for Due Diligence Review of Hedge Fund Managers 200
Managed Future Association (MFA) Sound Practices 200
Chicago Board Options Exchange (CBOE) 2005 Market Statistic
List Funds Select Alt. Investment 4th qrt 2007
Fairfield Greenwich Group Firm Profile and Capabilities
Fairfield Manhasset Offshore Fund DDQ
American Express Bank Concentrated Elite Manager Fund of Funds Portfolio
Pitch Book Feb 2003
Fairfield Greenwich GrouplFairfield Sentry Pitch Book
July 14,2008 Novation Agreement between Fairfield Greenwich Group and
American Express Group
Fund ofHF DD Fairfield Sentry Oct. 10,2008
Fairfield Risk Management of Alternative Investments 2002
November 11,2002 Email fromS. PerruchoudtoR. Friedman
December 2, 2002 R. Friedman Email
July 3, 2007 Sara Gillet Couto Email
AMEX Marketing Sheet
FoHF Note to File
Standard Chartered Investment Portfolio Group Product Review
July 3, 2000 Prime Broker Reference Check
February 19,2009 Letter from Standard Chartered to clients

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A.

Robert
Picard
April 2nd, 2013

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