PDF United States District Court Southern District of New York ...

Case 1:09-cv-00289-RMB Document 17 Filed 03/13/2009 Page 1 of 56

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

-------------------------------------- X REPEX VENTURES S.A., Individually and on : Behalf of All Others Similarly Situated,

: Plaintiff,

: -against-

: BERNARD L. MADOFF; BERNARD L.

MADOFF INVESTMENT SECURITIES;

:

BANK MEDICI S.A.; SONJA KOHN; PETER

SCHEITHAUER; HERALD USA FUND;

:

HERALD LUXEMBURG FUND; BANK

AUSTRIA CREDITANSTALT; UNICREDIT : S.A.; PRIMEO SELECT FUNDS; PIONEER

ALTERNATIVE INVESTMENTS; THEMA : INTERNATIONAL FUND PLC; ERNST &

YOUNG LLP, and HSBC HOLDINGS PLC,

Case No. 1:09-cv-0289-RMB

Defendants. -------------------------------------- X HORST LEONHARDT, on Behalf of Himself : and All Others Similarly Situated,

: Plaintiff,

: -against-

: BERNARD L. MADOFF, BANK MEDICI

S.A., SONJA KOHN, PETER

:

SCHEITHAUER, HERALD USA FUND,

HERALD LUXEMBURG FUNDS, BANK : AUSTRIA CREDITANSTALT, UNICREDIT

S.A., PRIMEO SELECT FUND, PRIMEO

:

EXECUTIVE FUND, PIONEER

ALTERNATIVE INVESTMENTS, THEMA : INTERNATIONAL FUND PLC, HELMUTHY

E. FREY, FRIEDRICH PFEFFER, FRANCO : MUGNAI, ALBERTO BENBASSAT,

STEPHANE BENBASSAT, GENEVALOR, : BENBASSAT & CIE, DAVID T. SMITH,

GERALD J.P. BRADY, DANIEL

:

MORRISSEY, ERNST & YOUNG S.A.,

ERNST & YOUNG FLOBAL LIMITED,

:

Case No. 1:09-cv-2032

Case 1:09-cv-00289-RMB Document 17 Filed 03/13/2009 Page 2 of 56

HSBC HOLDINGS PLC, HSBC

INSTITUTIONAL TRUST SERVICES

:

(IRELAND) LIMITED, HSBC SECURITIES

SERVICES (IRELAND) LIMITED, HSBC :

SECURITIES SERVICES, S.A.,

PRICEWATERHOUSECOOPERS,

:

CHARTERED ACCOUNTANTS,

PRICEWATERHOUSECOOPERS

:

INTERNATIONAL LIMITED and

FRIEHLING & HOROWITZ,

:

Defendant.

DECLARATION OF CATHERINE A. TORELL IN SUPPORT OF DR. SHMUEL CABILLY'S MOTION FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL

I, Catherine A. Torell, hereby declare the following under penalty of perjury:

1. I am an attorney admitted to practice in this District and am counsel for Dr.

Shmuel Cabilly. I am submitting this declaration in support of his motion for consolidation,

appointment as Lead Plaintiff and selection of my firm, Cohen Milstein Sellers & Toll PLLC

("Cohen Milstein"), as Lead Counsel.

2. Attached hereto are true and correct copies of the following documents:

Exhibit A: Notice of Pendency of Class Action Published on the Business Wire on January 12, 2008.

Exhibit B: Certification for Dr. Shmuel Cabilly.

Exhibit C: Firm Resume of Cohen Milstein.

The foregoing is true to the best of my knowledge.

Dated: March 13, 2009

_______/s/ Catherine A. Torell ________________ Catherine A. Torell

-2-

Case 1:09-cv-00289-RMB Document 17 Filed 03/13/2009 Page 3 of 56

EXHIBIT A

Class Action Lawsuit Filed Against the Herald USA Fund, Herald Luxemburg Fund, Pri... Page 1 of 1 Case 1:09-cv-00289-RMB Document 17 Filed 03/13/2009 Page 4 of 56

Print Back to story

Press Release

Source: Stull, Stull & Brody

Class Action Lawsuit Filed Against the Herald USA Fund, Herald Luxemburg Fund, Primeo Select Funds and the Thema International Fund by Stull, Stull & Brody

Monday January 12, 2009, 6:17 pm EST

LOS ANGELES--(BUSINESS WIRE)--Stull, Stull & Brody has commenced a Class Action lawsuit in the United States District Court for the Southern District of New York (Case No. 09 CIV 00289) on behalf of a Class, consisting of all persons and entities who invested in the Herald USA Fund, Herald Luxemburg Fund, Primeo Select Funds and the Thema International Fund ("collectively, the "Funds") between January 12, 2002 through and including January 12, 2008 (the "Class Period"). The Complaint asserts that, during the Class Period, unbeknownst to investors, defendant Medici Bank, along with defendants Sonja Kohn, Peter Scheithauer, Bank Austria Creditanstalt, Unicredit S.A., Pioneer Alternative Investments, Ernst & Young LLP, and HSBC Holdings plc, caused the Funds to concentrate almost 100% of their investment capital with entities that participated in the massive, fraudulent scheme perpetrated by defendants Bernard L. Madoff and Bernard L. Madoff Investment Securities.

If you invested in either the Herald USA Fund, Herald Luxemburg Fund, Primeo Select Funds or the Thema International Fund during the Class Period, you have until March 13, 2009 to request the Court appoint you as lead plaintiff. Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. You may retain Stull, Stull & Brody as your counsel to represent you in this action.

The attorneys at Stull, Stull & Brody have over 30 years of experience litigating securities class action cases, and have played lead roles in major cases resulting in the recovery of hundreds of millions of dollars for investors. The reputation and expertise of Stull, Stull & Brody in shareholder and other class litigation has been repeatedly recognized by courts throughout the United States, which have continually appointed the firm to major positions in complex securities multi-district and consolidated litigation. Stull, Stull & Brody maintains offices in New York and Los Angeles.

If you would like to discuss this action or if you have any questions concerning this Notice or your rights as a potential class member or lead plaintiff, you may contact:

Timothy J. Burke, Esq. at Stull, Stull & Brody by e-mail at Tburke@, or by calling toll-free 1-888-388-4607, or by fax to 1-310-209-2087, or by writing to Stull, Stull & Brody, 10940 Wilshire Boulevard, Suite 2300, Los Angeles, CA 90024. You can also visit our website at .

Contact:

Stull, Stull & Brody Timothy J. Burke, Esq., 1-888-388-4607 Fax: 1-310-209-2087 Tburke@

Copyright ? 2008 Business Wire. All rights reserved. All the news releases provided by Business Wire are copyrighted. Any forms of copying other than an individual user's personal reference without express written permission is prohibited. Further distribution of these materials by posting, archiving in a public web site or database, or redistribution in a computer network is strictly forbidden.

Copyright ? 2009 Yahoo! Inc. All rights reserved. Privacy Policy - Terms of Service - Copyright Policy - Send Feedback

Quotes and other information supplied by independent providers identified on the Yahoo! Finance partner page. Quotes are updated automatically, but will be turned off after 25 minutes of inactivity. Quote data delayed 15 minutes for Nasdaq, NYSE and Amex. Real-Time continuous streaming quotes are available through our premium service. You may turn streaming quotes on or off. All information provided "as is" for informational purposes only, not intended for trading purposes or advice. Yahoo! is not an investment adviser and does not provide, endorse or review any information or data contained herein.



3/13/2009

Case 1:09-cv-00289-RMB Document 17 Filed 03/13/2009 Page 5 of 56

EXHIBIT B

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download