Anwar et al v. Fairfield Greenwich Limited et al

Filing 1472

DECLARATION OF SARAH L. CAVE IN SUPPORT OF THE PwC DEFENDANTS' MEMORANDA OF LAW IN OPPOSITION TO PLAINTIFFS' MOTIONS IN LIMINE. This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ANWAR, et al.
Plaintiffs,
v.
FAIRFIELD GREENWICH LTD., et al.,
Defendants.

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MASTER FILE NO.
09-CV-00118 (VM)

Filed Under Seal

DECLARATION OF SARAH L. CAVE IN SUPPORT OF THE
PwC DEFENDANTS’ MEMORANDA OF LAW IN OPPOSITION
TO PLAINTIFFS’ MOTIONS IN LIMINE
Sarah L. Cave, pursuant to 28 U.S.C. § 1746, declares as follows:
1.

I am admitted to the bar of this Court and am a partner of the law firm Hughes

Hubbard & Reed LLP, counsel for defendant PricewaterhouseCoopers Accountants N.V. (“PwC
Netherlands”) in the above-captioned action. I submit this Declaration on behalf of PwC
Netherlands and defendant PricewaterhouseCoopers LLP (“PwC Canada”) (collectively, the
“PwC Defendants”) in support of the PwC Defendants’: (a) Memorandum of Law in Opposition
to Plaintiffs’ Motion in Limine No. 1 to Exclude Evidence Concerning Audits of Non-Fairfield
Funds; (b) Memorandum of Law in Opposition to Plaintiffs’ Motion in Limine No. 2 to Preclude
Reference to Non-Audit Inquiries, Examinations and Investigations of Madoff and BLMIS; (c)
Memorandum of Law in Opposition to Plaintiffs’ Motion in Limine No. 3 to Exclude Decisions
Reached in Other Cases or Proceedings; (d) Memorandum of Law in Opposition to Plaintiffs’
Motion in Limine No. 4 to Exclude Evidence of Defendants’ Fees; (e) Memorandum of Law in
Opposition to Plaintiffs’ Motion in Limine No. 5 to Exclude Reference to Collateral Source

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Payments; and (f) Memorandum of Law in Opposition to Plaintiffs’ Motion in Limine No. 6 to
Exclude Issue of Plaintiffs’ Comparative Fault.
2.

Attached as Exhibit 1 is a true and correct copy of excerpts of the Expert Report

of Douglas R. Carmichael, dated August 2, 2013.
3.

Attached as Exhibit 2 is a true and correct copy of excerpts of the Rebuttal Expert

Report of Douglas R. Carmichael, dated December 18, 2013.
4.

Attached as Exhibit 3 is a true and correct copy of excerpts of the Apr. 23, 2014

deposition of Douglas R. Carmichael.
5.

Attached as Exhibit 4 is a true and correct copy of excerpts of the Expert Report

of Robert H. Temkin, dated October 2, 2013.
6.

Attached as Exhibit 5 is a true and correct copy of excerpts of the Expert Report

of Richard P. Meyerowich, dated October 2, 2013.
7.

Attached as Exhibit 6 is a true and correct copy of excerpts of the Expert Report

of Charles R. Lundelius, Jr., CPA/ABV/CFF, dated October 2, 2013.
8.

Attached as Exhibit 7 is a true and correct copy of excerpts of FINRA’s “Report

of the 2009 Special Review Committee on FINRA’s Examination Program in Light of the
Stanford and Madoff Schemes,” dated September 2009.
9.

Attached as Exhibit 8 is a true and correct copy of excerpts of KPMG LLP’s

“Review of fraud and related operational risks at Bernard L Madoff Investment Securities LLC,”
dated September 8, 2008.
10.

Attached as Exhibit 9 is a true and correct copy of the translated Decision by the

Disciplinary Council of Accountants and Auditors of the Netherlands (Accountantskamer), dated
January 6, 2012.