Anwar et al v. Fairfield Greenwich Limited et al

Filing 1553

ENDORSED LETTER addressed to Judge Victor Marrero from Jason Rabe dated 2/22/2016 re: I write pursuant to Your Honor's February 19, 2016 Order (Dkt No. 1552) with respect to the late requests for exclusion from the Citco settlement class submitted by eight putative members of that class. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Claims Administrator for the Citco Settlement Fund. (Signed by Judge Victor Marrero on 2/25/2016) (lmb)

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RUST
CONSULTING

February 22, 2016

By Federal Express
Honorable Victor Marrero
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007

Re:

Anwar, et al v. Fairfield Greenwich Limited, et al.
Master File No. 09-CV-00118 (VM) (FM)

Dear Judge Marrero:
I am a Program Manager at Rust Consulting, Inc. ("Rust"), the Claims Administrator for
the Citco settlement fund (the "Fund"). I am the person primarily responsible at Rust for the
administration of the Fund. I write pursuant to Your Honor's February 19, 2016 Order (Dkt No.
1552) with respect to the late requests for exclusion from the Citco settlement class submitted by
eight putative members of that class. As Claims Administrator, Rust customarily does not take a
position whether a late request for exclusion should be accepted or rejected. Rather, Rust reports
the submission of late requests to counsel and counsel addresses the appropriate treatment with
the Court.
Pursuant to Your Honor's preliminary approval order and the class notice, requests for
exclusion from the Citco settlement class were required to be submitted to Rust so as to be
received no later than October 16, 2015 (35 days prior to the November 20, 2015 final settlement
hearing). See Dkt Nos. 1402, if 14; 1424-1 at pages 1, 10 and 11. On and before October 16,
2015, Rust received requests for exclusion from over 500 class members, almost all sent under
cover of correspondence from Deminor Recovery Services. Attached as Exhibit 1 is an example
of such correspondence that Rust received via email on October 14, 2015 (the investor names
have been redacted from this copy; Rust received the boxes containing hard copies of these
exclusion requests on October 16, 2015). On November 20, 2015, this Court entered a Final
Judgment dismissing the plaintiff class's claims against the Citco defendants. Dkt No. 1457.
Rust assisted in preparing Exhibit 1 to the Final Judgment, which was a list (filed under seal) of

625 MARQUETTE AVENUE, SUITE aao

M!NNEAPOUS, MN 55402

1 612.359.2000

f 612.359.2050

RUSTCONSULTING.COM

Honorable Victor Marrero
February 22, 2016
Page2

566 class members who had submitted requests for exclusion from the Citco settlement class as
of that date.
On December 28, 2015, without prior notice, Rust received from Deminor a package
containing a cover letter and requests for exclusion from 19 class members. That cover letter is
annexed as Exhibit A to Exhibit 1 to the February 18, 2016 letter from counsel to the Court that
was filed as Dkt. No. 1552. Proof of receipt of that letter by Rust on December 28, 2015 is
annexed hereto as Exhibit 2. No explanation was given in the Deminor cover letter or otherwise
received from Deminor justifying the late submission of the December 28, 2015 requests for
exclusion.
Rust subsequently determined that of the 19 requests for exclusion received from
Deminor on December 28, 2015, eleven requests were duplicates of requests from investors who
already were identified as being excluded from the Citco settlement class on Exhibit 1 to the
Final Judgment; and eight were new requests on behalf of purported class members. Rust
reported this information to plaintiffs' counsel, as is RuSlt's responsibility under the settlement
agreement in this action.
Rust is available to discuss this matter or any other matter concerning the Citco
settlement at the Court's convenience.

Respectfully submitted,

Jason Rabe

Enclosures
cc: Charles DeMoulin
Andrew G. Gordon
David A. Barrett

The Clerk of Court is directed to e":ter into the public rec2_91
of this action the letter above submitted to the Court by ~

~It{> ~t.riro/f:~ qjco ~

~~ED.

EXHIBIT 1

Krause, Courtney
Valentin Orts
Wednesday, October 14, 2015 10:14 AM
fairfieldgreenwich
Deminor DRS; Charles Demoulin; Joeri Klein
Exclusion letters for Citco Settlement Class in Anwar, et al. v. Fairfield Greenwich
Limited, et al., Case No. 09-cv-118
Citco - Exclusion letters sent on 14 October 2015 to the US.xlsx

From:
Sent:
To:
Cc:
Subject:
Attachments:

Dear Sir,
Dear Madam,
Hereby I would like to kindly inform you that today for the following clients of Demi nor 6 boxes with exclusion letters for
exclusion from the Citco Settlement Class in Anwar, et al. v. Fairfield Greenwich Limited, et al., Case No. 09-cv-118 were
sent to you per express delivery service:
Box

Claim ID

Box 1
Box 1

56498

Box 1

56502

Box 1

56506

Box 1

Joint Claimant(s)

56496

Box 1

Claimant

56485

56507

Box 1

56510

Box 1

56512

Box 1

56513

Box 1

56516

Box 1

56519

Box 1

56525

Box 1

56526

Box 1

56532

Box 1

56581

Box 1

56586

Box 1

56587

Box 1

REDACTED

56588

Box 1

56589

Box 1
Box 1

56590
56591

Box 1

56592

Box 1

56599

Box 1

56602

Box 1

56603

Box 1

56604
1

Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 1
Box 2
Box 2
Box2
Box 2
Box 2
Box2
Box2
Box2
Box2
Box 2
Box2
Box2
Box 2
Box 2
Box 2
Box 2
Box 2
Box 2
Box 2
Box2
Box 2
Box 2

56605
56611
56629
56634
56641
56643
56644
56647
56648
56649
56651
56652
56661
56662
56663
56665
56669
56670
56672
56677
56679
56680
56687
56695
56699
56701
56703
56705
56706
56707
56708
56711
56712
56713
56714
56715
56719
56722
56727
56728
56730
56731
56739
56741
56742
56751
56752

REDACTED

2

Box 2
Box2
Box2
Box2
Box2
Box2
Box2
Box2
Box2
Box2
Box 2
Box 2
Box 2
Box2
Box2
Box 2
Box 2
Box2
Box 2
Box 2
Box2
Box2
Box 2
Box 2
Box 2
Box 2
Box2
Box 2
Box2
Box2
Box2
Box 2
Box3
Box3
Box3
Box3
Box3
Box 3
Box 3
Box3
Box 3
Box3
Box3
Box3
Box3
Box3
Box3

56754
56755
56756
56759
56760
56768
56769
56770
56771
56774
56775
56778
56781
56783
56785
56786
56788
56791
56792
56796
56797
56800
56801
56806
56807
56811
56813
56816
56817
56821
56825
56828
56830
56834
56835
56836
56837
56838
56840
56841
56842
56843
56844
56845
56846
56849
56850

REDACTED

3

Box3

56851

Box3

56853

Box3

56854

Box3

56855

Box3

56856

Box3

56857

Box3

56858

Box3
Box3
Box3

56859

Box3

56863

Box 3

56866

Box 3

56867

Box 3

56868

Box 3

56869

Box 3

56870

Box3

56871

Box3

56873

Box 3

57047

Box3

57049

Box3

57051

Box3

57053

Box 3

57121

56860
56861

Box3

57125

Box3

57126

Box 3

57129

Box 3

57132

Box3
Box3

57133
57134

Box3

57136

Box3

57139

Box3

57141

Box3

57142

Box3

57143

Box3
Box3

57144
57177

Box3

57178

Box3

57184

Box3

REDACTED

58043

Box3

61976

Box4
Box4

56613
56614

Box4
Box4

56615
56874
56875
56876
56878

Box4
Box4
Box4

4

Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box4
Box 5

56879
56880
56881
56883
56884
56886
56888
56889
56891
56892
56893
56895
56897
56898
56899
56900
56901
56902
56903
56904
56905
56906
56907
56908
56909
56910
56911
56912
56913
56914
56915
56916
56917
56918
56920
56921
56922
56923
56924
56925
56926
56928
56929
57065
57187
57066

REDACTED

5

Box5

57067

Box 5

57068

Box 5

57069

Box 5

57070

Box5

57071

Box5

57072

Box5

57073

Box 5

57074

Box5

57076

Box 5

57080

Box 5

57081

Box 5

57082

Box 5

57083

Box 5

57084

Box 5

57086

Box 5

57087

Box5

57088

Box 5

57089

Box 5

57090

Box5

57091

Box5

57092

Box 5

57093

Box 5

57094

Box5

57095

Box 5

57096

Box 5

57097

Box5

REDACTED

57098

Box 5

57099

Box 5

57100

Box5

57101

Box 5

57102

Box 5

57103

Box 5

57104

Box5

57105

Box 5

57106

Box 5

57108

Box 5

57109

Box 5

57110

Box 5

57111

Box5

57112

Box5
Box5

57113
57114

Box 5

57115

Box 5

57116

Box 6

56523

Box 6

56576

Box 6

56577
6

Box6
Box 6
Box 6
Box6
Box6
Box 6
Box6
Box 6
Box6
Box 6
Box 6
Box 6
Box 6
Box6
Box6
Box6
Box 6
Box6
Box 6
Box 6
Box6
Box 6
Box 6
Box 6
Box 6
Box6
Box6
Box6
Box 6
Box6
Box 6
Box 6

56578
56579
56607
56612
56654
56674
56693
56704
56718
56777
56793
56809
56815
56818
56820
56847
56848
56865
56882
56890
56896
57117
57118
57119
57122
57167
57168
57169
57171
57172
57181
57183

REDACTED

You will find this information also in the Excel file attached to this e-mail. The Claim ID mentioned is an internal client
number awarded to the client by Deminor in order to identify the client more easily in our administration.
Please also note that the following clients of Deminor, whose exclusion letters have already been sent to you last week,
filed additional information (enclosures} to be added to their exclusion letters. You will find these additional enclosures
in box 6:
Claim ID

56499
56528
56530
56531
56645
56673
56716

Claimant

Joint claimant(s)

REDACTED
7

56717
56725
56726
56733
56736
56737
56743
56744
56745
56749
56764
56772
56773
56779

REDACTED

56787
56789
56798
56808
57120
57140
57180
57185
58143
61548
Finally also a USB stick is sent to you today per express delivery service with all digital scanned versions stored on it of all
exclusion letters the original copies of which were sent to you last week as well as today per express delivery service,
together with enclosures.
Yours sincerely,
Valentin Orts
Tel : + 32 (0)2 674 7119 (Brussels office)
Tel:+ 352 26 44 12 25 (Luxembourg office)
Fax + 32 (0)2 674 71 20
www.deminor.com[deminor.com]
Visit our new Investor Protection Blog: http://www.deminorblog.be/en/blog[deminorblog.be]
This message is confidential and contain information that is covered by legal professional privilege, work product immunity or other legal rules. If
you have received this communication in error, you must not copy or distribute this message or any part of it or otherwise disclose its contents to
anyone. Please notify us by telephone or return the present e-mail, and then delete this e-mail and any copies of it from your computer system.
Thank you.
*Deminor Recovery Services is a group of companies consisting of Deminor Recovery Services (Luxembourg) SARL with registered office at 1 rue
Jean-Pierre Brasseur, L-1258 Luxembourg and subscribed capital of EUR 2,542,104, and its subsidiaries in Belgium, France, Italy and the
Netherlands. Services are performed, as the case may be, by Deminor Recovery Services (Luxembourg) SARL and/or its subsidiaries, such as set forth
in our contracts of services.

8

EXHIBIT 2

1/18/2016

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Please read the complete ver:sion of our Conditions of Carriage for EMEA on www.fsdBlt.com.
IMPORTANT NOTICE These Conditions of Carriage EXCLUDE LIABILITY on the
part of FedEx and its employees or agents for loss, damage and delay in certain
circumstances; LIMIT LIABILITY to stated amounts where liability is accepted and
REQUIRE NOTICE OF CLAIMS within strict time limi!S. Senders should note these
Conditions carefully and where necessary·obtain insurance caver in order to
protect their interests.
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14. ROUTING ANO OELIVERY 14.2 FedEx may deliver to the Recipient at the
address mentioned on the !Air) Waybill, or to someone other than the person or
entity named on the (Air) Waybill having ap(Jarent authority to accept the Shipment
in the name and on behalf of the Recipient. The Shipper recognizes and explicitly
accepts that in cenain destination countries, the delivery may be made to a third
party or to a letterbox or any other place accessible to the Recipient.

1. APPLICATION 1.1 These Conditions apply ta the carriage of Shipments from
and between selected countries in Europe, the Middle East, the Indian
Subcontinent and Africa ("EMEA") and from and between specified locations
within selected countries in EMEA, utilisin9 the following services or service
options of FedEx (if and where available}: FedEx Economy, FedEx Europe First,
FedEx International Next Right, FedEx International First, FedEx International
Priority, FedEx International Priority Freight, FedEx International Priority Plus, FedEx
International Broker Select. FedEx International Priority DirectDistributian, FedEx
International Economy, FedEx International Economy Freight, FedEx International
MailService, FedEx 1Day Freight, FedEx Priority Overnight and FedEx Standard
Overnight These services may be modified by FedEx from time to time. Upon
request customers can be informed about the areas that are served by FedEx.
These Conditions do not apply to intra· United Kingdom and intra-India Shipments
for which separate conditions of carriage apply. 1.3 In case of conflict between
our Conditions of Carriage for EMEA ana the terms and conditions on any FedEx
(Airl Waybill, manifest, shi~ping label or other transit documentation. our
Conditions of Carriage for EMEA control to the extent that they do not conflict with
the mandatory rules relating to liability for international carriage provided by the
Warsaw or Montreal Conventions and their respective subsequent Protocols, other
applicable conventions or any applicable tariff; or, for Shipments carried from and
between specified locations within one country, with the mandatory rules relating
to liability for carriage provided by the laws of that country. 1.4 These Conditions
(which term includes those agreements and conventions expressly referred to
herein) represent the entire agreement between the parties and, subject to Section
1.3., shall prevail over. exclude and supersede any other terms or conditions, oral
or written, wheresoever appearing or made and, m particular, any terms or
conditions sought ta be incorporated by the Sender or any other written or oral
statements concerning these Conditions.

17. MONEY BACK GUARANTEE POLICY
Carriage for EMEA.

3. RATES Rates applied shall be those rates applicable and in force at the time
that the contract of carriage is made.

4. BILLING 4.1 FedEx reserves the right to increase any amount unpaid within
15 days of the invoice date, as of right and without prior notice of remedy, by 15%
(or such amount as applied by FedEx per the local applicable payment terms and
conditions) as liquidated damages for administrative costs, and a yearly interest of
6% above the European Central Bank Rate (or such rate as applied by FedEx per
the local applicable payment terms and conditionsl, to be calculated per
commenced month or the maximum allowed interest rate under the applicable
legislation, if lower. 4.6 If applicable, duties and taxes may be assessed on the
contents of Shipments. 4.7 REGARDLESS OF ANY PAYMENT INSTRUCTIONS OR
PROVISIONS TO THE CONTRARY, THE SENDER SHALL ALWAYS REMAIN
ULTIMATELY LIABLE FOR THE CHARGES INCLUDING ANY DUTIES ANO TAXES, IF
ANY. 4.8 For currency conversion, FedEx may apply a conversion fee. Please read
our Conditions of Carriage for EMEA.

5. INVOICE ADJUSTMENTS I DIMENSIONAL WEIGHT

5.1 If the service
selected or weight entered is incorrect, FedEx may make appropriate corrections
to the (Air) Waybill and appropriate adjustments to the invoice at any time and will
be entitled to charge a Sj)ecial handling fee for having to make such corrections
and amendments. 5.3 Charges may be assessed based on dimensional weight.
7. RESTRICTIONS 7.1 Package size and weight restrictions vary by
country or FedEx services. Please see www.fedex.com and our Conditions of
Carriage for EMEA.
8. ITEMS UNACCEPTABLE FOR CARRIAGE 8.1 The following items are not
acceptable for carriage to any destination: money, explosives, human corpses
or body pans, cash on delivery shipments, firearms, plants and seeds,
perishables, pornography, hazardous waste, dangerous goods, dead or live
animals, etc. For a complete list of unacceptable items please read our Conditions
of Carriage for EMEA.
10. PACKING AND MARKING 10.1 All Packages must be prepared end packed
by the Sender for safe transportation by air and road assuming ordinary care in
handling in an express-transportation environment and in compliance with all
applicable laws, regulations and rules, including those govermn!! packing, marking
and labelling. 10.2 FedEx shall not be liable for any damage arising out of changes
in temperature or pressure.
11. INSPECTION OF SHIPMENTS 11.1. FedEx may, at its sole discretion, or upon
the request of the competent authorities, open and inspect any Shipment without
notice at anytime, and shall incur no liability of any kind therefore. 11.2. In
accordance with applicable regulations in various jurisdictions FedEx is required
to undertake (random) X-ray screening. Sender and Recipient hereby waive any
possible claims for damages as a result of screening.

Please see our Conditions of

18. DECLARED VALUE AND LIMITS OF LIABILITY 18.1 Unless the Sender enters
a higher Declared Value for Carriage on the !Air) Waybill and pays the required fee,
the liability of FedEx is limited to the higher of a) the amount provided bl the
applicable international treaty or local law; or bl€ 22 per kilogram; or c US$ 100
per Shipment. For FedEx Economy, FedEx 10ay Freight, FedEX Priority Overnight
and FedEx Standard Overnight Shipments within Belgium. Denmark. Luxembourg,
the Netherlands, Switzerland and the United Arab Emirates, the liability of FedEx is
limited to the higher of a) the amount provided by the applicable local law; orb)
£ 10 per kilogram; or c) USS 100 per Shipment, unless the Sender enters a higher
Declared Value for Carriage on the (Air) Wa bill and pays the required fee. ffil
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e. 18.2 he Declared Value
rnage of any Package represents FedEx's maximum liability in connection
with a shipment of that Package, including but not limited to, any loss, damage,
delay. misdelivery, any failure to provide information, or misdelivery of information
relating to the Shipment. 18.3 The maximum Declared Value for Customs and
Carriage is limited and may vary per location. If applicable, the Declared Value for
Carriage cannot exceed the Declared Value for Customs. The maximum Declared
Value for Customs and Carriage for the contents of a FedEx Envelope or FedEx Pak.
regardless of destination, is USS 100 per Shipment or USS 9.07 per pound,
whichever is greater. Goods with a value (actual or declared) exceeding these
amounts, should NOT be shipped in a FedEx Envelope or FedEx Pak. Unless
otherwise specified by FedEx, the maximum Declared Value for Carriage is
USSS0,000 per ~·pment except for FedEx International Priority Freight and FedEx
International Ee nomy Freight which have a maximum Declared Value far Carriage
limit of US$100, 0 per Shipment to most destinations. 18.4 Shipments containing
the following ite s of extraordinary value are limited to a maximum Declared Value
for Carriage of S$ 1,000 per Shipment or US$ 9.07 per pound, whichever is greater.
Import of these items may be prohibited by individual countries. For more
information please read our Conditions of Carriage for EMEA 18.9 Regardless of
the Declared Value for Carriage of a Package, FedEx's liability for loss, damage,
delay, misdeliverv. non-delivery, misinformation, any failure to provide information.
or m1sdelivery of information, will not exceed the Shipment's repair cost its
depreciated val1e or its replacement cost. whichever is less.
19. LIABIUTIE!I NOT ASSUMED 19.1 FedEx will not be liable for any damaqes in
excess of the Dl!clared Value (as limited by Section 18) orthe limitation of liability
as set forth in the applicable international convention as amended or, for
Shipments from 11nd between specified locations within one country, by the
applicable law, michever is greater. 19.2 FedEx will not be liable in any event for
special, inciden al, consequential or indirect losses or damages, including but not
limited to loss o. income or profits. 19.4 FedEx will not be liable for the Snipper's
acts or omissioljs, including but not limited to incorrect declaration of cargo;
improper or insqfficient packing, securing, marlcing, or addressing of the Shipment;
or for the acts o( omissions of the Recipient or anyone else with an interest m the
Shipment Also~dEx will not be liable if the Shipper or the Recipient violates any
of the terms oft is (Air) Waybill or of our Conditions of Carriage for EMEA. FedEx
will not be liabl for loss. damage, delay, shonage, misdelivery. nondelivery.
misinformation, r failure to provide information in connection with shipments of
prohibited item~FedEx will not be liable for loss, damage, delay, shonage,
misdelivery. no elivery, misinformation, or failure to provide information in
connection with the Shipment caused by or resulting from, including but not limited
to: the fragile n ure of the Shipment or any defect or vice inherent thereof, the
erasure of data ~ored on magnetic tapes, files or other storage media, loss or
damage to any Package for which FedEx has no record of receipt; or. events FedEx
cannot control.

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21. CLAIMS All claims must be made within strict time limits. Please see our
Conditions of Carriage for EMEA for full version of this section.
22. SURCHARGES FedEx reserves the right to assess fuel and other surcharges
on Shipments without notice.
25. DATA PROTECTION 25.2 By submitting any personal data to FedEx the
Shipper consents ta FedEx using this data for the purposes of FedEx (or its agents
or subcontractors) performing t~eir obligations under the relevant (Air) Way6ill and
the Conditions. The Shipper also consents to FedEx sharing this data with FedEx
Corporation, its Subsidiaries and branches, and confirms that FedEx can do the
same with the Consignee's personal data. 25.5 By submitting the Shipment and by
signing the (Air) Waybill the Shipper consents to the transfer of such personal data
for the performance of FedEx obligations, including to countries outside the EEA.

12. CUSTOMS CLEARANCE 12.4 In the event of any failure to provide and/or
complete accurately all necessary customs and export laws documentation
(including the (Airl Waybill) FedEx will assume no liability to the Sender or any
other person for any loss, expense or delay due to the Sender's failure to comply
with this provision. 12.6. FedEx reserves the rightto assess extra Charges
for customs clearance or for services ancillary to the customs clearance
of Shipments.

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13. DUTIES AND TAXES 13.1 If and where applicable, without prejudice to
Sections 4.6 and 4.7. FedEx may elect to advance on behalf of the party responsible
for payment thereof ("the Payer"). any duties and taxes as assessed by Customs.
13.3 Any Shipment may be delayed if FedEx is not able to obtain satisfactory
confirmation of arrangements to reimburse it for amounts to be advanced for duties
and taxes. 13.4 If FedEx advances duties and taxes it reserves the right to assess
a surcharge.

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Part 158407/158408• Rev. Oa1a VIJ