Anwar et al v. Fairfield Greenwich Limited et al

Filing 614

DECLARATION of Patrick B. Berarducci in Support re: #612 MOTION to Dismiss Amended Class Action Complaint in Pujals v. Standard Chartered Bank International (Americas) Ltd... Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank. (Attachments: #1 Exhibit A (Account Application and Agreement), #2 Exhibit B (Purchase Letter), #3 Exhibit C (Subscription Agreement), #4 Exhibit D (Offering Memorandum), #5 Exhibit E (1/31/04 Statement of Accounts), #6 Exhibit F (7/31/05 Statement of Accounts), #7 Exhibit G (10/31/06 Statement of Accounts), #8 Exhibit H (7/31/07 Statement of Accounts), #9 Exhibit I (1/31/08 Statement of Accounts), #10 Exhibit J (2003 RRGA), #11 Exhibit K (2006 RRGA), #12 Exhibit L (2008 RRGA))(Nelles, Sharon)

Anwar et al v. Fairfield Greenwich Limited et al

Doc. 614

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

PASHA S. ANWAR, et al., Plaintiffs, v. FAIRFIELD GREENWICH LIMITED, et al., Defendants. This Document Relates To: Jose Antonio Pujals v. Standard Chartered Bank International (Americas) Ltd., No. 10-CV2878 Master File No. 09-CV-118 (VM) (THK)

DECLARATION OF PATRICK B. BERARDUCCI I, PATRICK B. BERARDUCCI, make this declaration pursuant to 28 U.S.C. § 1746. I hereby state as follows: 1. I am an attorney associated with the law firm of Sullivan & Cromwell

LLP, counsel for Standard Chartered Bank International (Americas) Ltd. and Standard Chartered Bank (collectively, "Standard Chartered") in the above-captioned action, and am admitted to practice before this Court. I am fully familiar with the matters stated herein based on personal knowledge or review of files in the possession of my firm. 2. I make this declaration in support of Standard Chartered's Memorandum

of Law in Support of their Motion to Dismiss Plaintiffs' Amended Complaint.

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3.

Attached as Exhibit A is a true and correct copy of plaintiffs' Account

Application and Agreement for Individuals with American Express Bank International, dated October 26, 1998. 4. Attached as Exhibit B is a true and correct copy of plaintiffs' Fairfield

Sentry Limited purchase letter. 5. Attached as Exhibit C is a true and correct copy of plaintiffs' Subscription

Agreement for Fairfield Sentry Limited Class B Shares. 6. Attached as Exhibit D is a true and correct copy of the Fairfield Sentry

Limited Confidential Private Placement Memorandum, dated July 1, 2003. 7. Attached as Exhibit E is a true and correct copy of plaintiffs' Statement of

Accounts, dated January 31, 2004. 8. Attached as Exhibit F is a true and correct copy of plaintiffs' Statement of

Accounts, dated July 31, 2005. 9. Attached as Exhibit G is a true and correct copy of plaintiffs' Statement of

Accounts, dated October 31, 2006. 10. Attached as Exhibit H is a true and correct copy of plaintiffs' Statement of

Accounts, dated July 31, 2007. 11. Attached as Exhibit I is a true and correct copy of plaintiffs' Statement of

Accounts, dated January 31, 2008. 12. Attached as Exhibit J is a true and correct copy of the American Express

Bank International Rules and Regulations Governing Accounts, dated as of September 2003. 13. Attached as Exhibit K is a true and correct copy of the American Express

Bank International Rules and Regulations Governing Accounts, dated as of December 2006.

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14.

Attached as Exhibit L is a true and correct copy of the Standard Chartered

Bank International (Americas) Limited Rules and Regulations Governing Accounts, dated as of August 1, 2008. I declare under penalty of perjury that the foregoing is true and correct. /s/ Patrick B. Berarducci Patrick B. Berarducci

March 7, 2011 New York, New York

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