Anwar et al v. Fairfield Greenwich Limited et al

Filing 852

ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Bradley P. Smith dated 4/12/2012 re: We write on behalf of Standard Chartered Bank International (Americas) Limited ("Standard Chartered") in response to the April 9, 2012 letter from plaintiff Caribetrans, S.A. ("Caribetrans") concerning the deposition of Caribetrans' control person, Jean Louis de Boyrie. ENDORSEMENT: Mr. de Boyrie is to supplement his December 20, 2011 affidavit with responses to bullet points 1, 3, 5. He need not appear for deposition. (Signed by Magistrate Judge Theodore H. Katz on 4/13/2012) (lmb)

04/12/2012 18'18 FAX

212 558 3708

sse 125 BD FAX Dept 27

141 002/004

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112,2012
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Honorable Theodore H. Katz,
United Slates Magistrate Judge,
Daniel Patrick Moynihan United States Courthouse,
500 Pearl Street,
New York, New York 10007.
Re:

An'.1iarv.FaiifieldGreenwichLtd., No. 09-CV-1l8
MaridomLtd. v.
Standard Chanered Bank Int'[ CAmericast Ltd" No. 1O-CV-00920

Dear Judge Katz:
We write on behalf of Standard Chartered Bank International (Americas)
Limited ("Standard Chartered") in response to the April 9, 20J 2 letter from plaintiff
Caribetrans, S.A. ("Caribetrans") concerning the deposition of Caribetrans' control
person, Jean Louis de Boyrie.
Mr. de Boyrie was an authorized signatory on Caribetrans' account at
Standard Chartered and, as plaintiffs counsel admits. was the person who signed the
suhscription agreement authorizing Caribetrans' investment in Fairfield Sentry.
Caribelrans nevertheless seeks to bar the deposition of Mr. de Boyrie by arguing thut
Mr. de Boyrie's responsibilities at CaribeLrans were "purely operational" and that Mr. de
Boyric has submitted a decIaration stating that he was not involved in the "decision" to
invest in Fairfield Sentry. However, the declaration leaves many questions unanswered,
including whether he has other relevant knowledge concerning Caribetrans' Sentry
inv,e~lment (whether before or after the investment decision was made), and whether he
has knowledge of other pertinent facts. such as Caribetrans 1 other alternative investments
during the relevant time period.

04/12/201218:18 FAX

212558 3708

S&C 125 BD FAX Dept 27

Honorable Theodore H. Katz

[gj 003/004

-2­

As a signatory on Caribetrans' investmentaccounLs and, more
importantly, as one of the signatories on Caribetrans' Fairfield Sentry subscription
agreement, Mr. de Boyrie undoubtedly possesses relevant and discoverable information,
Standard Chartered, however, is willing to adjoum Mr. de Boyrie's deposition if he
provides a supplemental sworn affidavit containing:
•

The identity of [he person who directed Mr. de Boyrie to perform the
"ministerial" function of ex.ecuting Lhe Fairfield Sentry subscription
agreement that authorized Caribetrans' investment in Sentry.

•

A complete description of any and all conversations that Mr. de Boyrie
had about Sentry, Bernard Madoff andlor Bernard L. Madoff Investment
Securities LLC (HBLMIS"), including but not limited to what he was lold
by employees of Caribelrans or Standard Chaltered in connection with his
authorizing Caribetrans' investment in Sentry.

•

A statement as to whether Mr. de Boyrie read the Sentry subscription
agreement and confidential placement memorandum at the time he
authoriz.ed Caribetrans' investment in Sentry.

•

A statement as to whether Mr. de Boyrie understood that when he signed
the Fairfield Sentry ~ubscription agreement he was executing legnlly
binding documents on behalf of Caribetrans, and thar Caribetrans would
be charged with knowledge of, and bound by, the contentS of those
documents.

•

A statement as to whether Mr. de Boyrie asked Standard Chartered any
questions about Fairfield Sentry at any time, and if so, a complete
description of his question~ and Standard Chartered's answers.

•

A complete description of Mr. de Boyrie's knowledge about SenLry.
including when and how he first learned of Sentry.

•

A complete description of Mr. de Boyrie's knowledge about Bernard
Madoff andlor BLMIS, including when and how he first learned of
Madoff and/or BLMIS.

•

Mr. de Boyrie's knowledge about Other alternative investment!) that
Caribetrans considered or made during the relevant time period.

In the event (hal Mr. de Boyrie's supplemental affidavit raises further questions that
would warrant deposition testimony, Standard Chartered would agree to seek leave of
Court before proceeding. Otherwise, Mr. de Boyrie should be precluded from providing
any further written or live testimony in this litigation.

Honorable Theodore H. Katz

-3­

In light of the foregoing, Standard Chartered respectfully reque~(s that the
Court either permit the deposition of Mr. de Boyrie to proceed (!Ir, alternatively. order
Mr. dc Boyrie [0 supplement his declaration with the foregoing information by no later
than April 19, 2012.
Standard Chartered would have presented. the foregoing proposal privately
plaintiffs counsel, had coun~el not waited Jess than three business days before seeking
relief from the Coun} As such, Standard Chanered respectfully requests that plaintiff's
requests for costs be denied.

10

Respectfully submitted,

:e~f~
cc;

Richard E. Brodsky, Esq.
(bye-mail and facsimile)
Standard Chartered Plaintiffs' Steering Committee

(bye-mail)

SO ORDERED

T?ek.l-d

UNITED STATES MAGISTRATE JUDGE

Counsel LO Caribetrans contacted Standard Chartered on the afternoon of April 3,
2012, to request that Standard Chartered cancel the deposition of Mr. de Boyrie.
In light of the Good Friday, Passover and Easter holidays. Standard Chartered had
not yet responded to counsel's requeSl when he submitted a letter to Your Honor
on Monday. April 9.