Anwar et al v. Fairfield Greenwich Limited et al

Filing 623

DECLARATION of Patrick B. Berarducci in Support re: (30 in 1:10-cv-08272-VM) MOTION to Dismiss Operative Complaints in Almiron, Carrillo and Lou-Martinez.. Document filed by Stanchart Securities International Inc., Standard Chartered Bank International (Americas) Limited, Standard Chartered PLC. (Attachments: #1 Exhibit Almiron Account Application and Agreement, #2 Exhibit Carrillo Account Application and Agreement, #3 Exhibit Almiron NISA, #4 Exhibit Carrillo NISA, #5 Exhibit Almiron Statement of Accounts, #6 Exhibit Lou-Martinez Account Application and Agreement, #7 Exhibit Lou-Martinez Statement of Accounts, #8 Exhibit Lou-Martinez Statement of Accounts, #9 Exhibit Lou-Martinez Statement of Accounts, #10 Exhibit Lou-Martinez Statement of Accounts, #11 Exhibit Lou-Martinez Statement of Accounts, #12 Exhibit Almiron Subscription Agreement, #13 Exhibit Carrillo Subscription Agreement)Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:10-cv-06186-VM, 1:10-cv-06187-VM, 1:10-cv-08272-VM(Nelles, Sharon)

Anwar et al v. Fairfield Greenwich Limited et al

Doc. 623

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: Lou-Martinez v. Standard Chartered Bank International (Americas) Ltd., et al., No. 10-CV-8272; Almiron v. Standard Chartered Bank International (Americas) Ltd., et al., No. 10-CV-6186; and Carrillo v. Standard Chartered Bank International (Americas) Ltd., et al., No. 10-CV-6187. 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., Standard Chartered PLC, and StanChart Securities International, Inc. (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.

Dockets.Justia.com

2.

I make this declaration to place before the Court the documents described

below, which are relevant to Standard Chartered's unified motion to dismiss the operative complaints in the above-captioned actions, which is being filed concurrently with this declaration. 3. Attached as Exhibit A is a true and correct copy of an Account Application

and Agreement for Individuals with American Express Bank International, executed by Ricardo Almiron on June 27, 2006. 4. Attached as Exhibit B is a true and correct copy of an Account

Application and Agreement for Individuals with American Express Bank International, executed by Carlos Carrillo on November 28, 2006. 5. Attached as Exhibit C is a true and correct copy of a Nondiscretionary

Investment Services Agreement with American Express Bank International, executed by Ricardo Almiron on June 27, 2006. 6. Attached as Exhibit D is a true and correct copy of a Nondiscretionary

Investment Services Agreement with American Express Bank International, executed by Carlos Carrillo on November 26, 2006. 7. Attached as Exhibit E is a true and correct copy of Ricardo Almiron's

Statement of Accounts, dated September 30, 2008. 8. Attached as Exhibit F is a true and correct copy of an Account Application

and Agreement for Individuals with American Express Bank International, executed by Moises Lou-Martinez and Wong Yuk Hing de Lou (collectively, the "Lou-Martinezes") on January 21, 1998.

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9.

Attached as Exhibit G is a true and correct copy of the Lou-Martinezes'

Statement of Accounts, dated October 31, 2005. 10. Attached as Exhibit H is a true and correct copy of the Lou-Martinezes'

Statement of Accounts, dated January 31, 2006. 11. Attached as Exhibit I is a true and correct copy of the Lou-Martinezes'

Statement of Accounts, dated January 31, 2007. 12. Attached as Exhibit J is a true and correct copy of the Lou-Martinezes'

Statement of Accounts, dated January 31, 2008. 13. Attached as Exhibit K is a true and correct copy of the Lou-Martinezes'

Statement of Accounts, dated November 30, 2008. 14. Attached as Exhibit L is a true and correct copy of Ricardo Almiron's

Subscription Agreement for Fairfield Sentry Limited Class B Shares. 15. Attached as Exhibit M is a true and correct copy of Carlos Carrillo's

Subscription Agreement for Fairfield Sentry Limited Class B Shares. I declare under penalty of perjury that the foregoing is true and correct. /s/ Patrick B. Berarducci Patrick B. Berarducci

March 21, 2011 New York, New York

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