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1 smb Doc Filed 05/19/17 Entered 05/19/17 16:38:12 Main Document Pg 1 of 4 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES INVESTOR PROTECTION CORPORATION, Plaintiff-Applicant, v. BERNARD L. MADOFF INVESTMENT SECURITIES LLC, Adv. Pro. No (SMB) SIPA Liquidation (Substantively Consolidated) Defendant. In re: BERNARD L. MADOFF, Debtor. DECLARATION OF STEPHANIE ACKERMAN IN SUPPORT OF THE TRUSTEE S MOTION AND MEMORANDUM OF LAW TO AFFIRM HIS DETERMINATIONS DENYING CLAIMS OF CLAIMANTS HOLDING INTERESTS IN JEFFREY SCHAFFER DONNA SCHAFFER JOINT TENANCY AND STANLEY I. LEHRER AND STUART M. STEIN JOINT TENANCY I, Stephanie Ackerman, pursuant to 28 U.S.C. 1746, declare as follows: 1. I am an associate with Baker & Hostetler LLP, counsel to Irving H. Picard, trustee ( Trustee ) for the substantively consolidated liquidation of Bernard L. Madoff Investment Securities LLC ( BLMIS ) under the Securities Investor Protection Act, 15 U.S.C. 78aaa et seq. ( SIPA ), and for Bernard L. Madoff. 2. I am fully familiar with this case and the facts set forth herein. 3. For purposes of the Trustee s Motion and Memorandum to Affirm His Determinations Denying Claims of Claimants Holding Interests in Jeffrey Schaffer Donna Schaffer Joint Tenancy and Stanley I. Lehrer and Stuart M. Stein Joint Tenancy (the Motion ),

2 smb Doc Filed 05/19/17 Entered 05/19/17 16:38:12 Main Document Pg 2 of 4 the Trustee selected two BLMIS accounts: 1L0013 held by Stanley I. Lehrer and Stuart M. Stein J/T WROS (the Lehrer Stein Joint Tenancy ), and 1ZA401 held by Jeffrey Schaffer Donna Schaffer JT WROS (the Schaffer Joint Tenancy ) (collectively, the Joint Tenancies ). 4. A list of objecting claimants associated with one or more of the Joint Tenancies whose claims are addressed in the Motion is annexed as Exhibit 2 (the Objecting Claimants ) to the Declaration of Vineet Sehgal filed in support of the Motion (the Sehgal Declaration ). The Motion addresses all outstanding docketed objections that have been filed to date by Objecting Claimants associated with one or more of the Joint Tenancies, details of which objections are contained in Exhibits 2 and 3 to the Sehgal Declaration. 5. I supervised service of discovery, including Requests for Admissions, by the Trustee on the Objecting Claimants listed in Exhibit 2 to the Sehgal Declaration. All of the Objecting Claimants failed to respond. 6. During the course of my work on this matter, and to properly prepare and serve discovery, I personally reviewed hundreds of documents, including the claims filed by the Objecting Claimants, the respective notices of determination of claims issued by the Trustee, and the respective objections to the Trustee s notices of determination of claims filed by the Objecting Claimants, in addition to reviewing the Joint Tenancy account files as contained in the books and records of BLMIS. 7. The Objection to Determination filed on behalf of Objecting Claimants Jeffrey Schaffer and Deborah Schaffer individually (the Schaffer Objecting Claimants ) was filed by Helen Chaitman of Becker & Poliakoff LLP on November 17, To clarify attorney representation issues, on September 19, 2013, we requested that Ms. Chaitman provide the Trustee with verification as to which Objecting Claimants Becker & Poliakoff LLP represents. 2

3 smb Doc Filed 05/19/17 Entered 05/19/17 16:38:12 Main Document Pg 3 of 4 She did so on October 4, 2013 and December 2, 2013, and stated that she did not represent Jeffrey Schaffer and/or Donna Schaffer in connection with the Trustee s discovery requests. As such, I caused discovery requests to be served on Jeffrey and Donna Schaffer in a pro se capacity on September 19, The Objection to Determination filed on behalf of the Elaine Stein Roberts IRA associated with the Lehrer Stein Joint Tenancy was filed by Carole Neville of SNR Denton US LLP. As such, I caused discovery requests to be served on Ms. Neville on September 5, Service of Requests for Admissions and Other Discovery 9. I caused discovery to be served on all of the Objecting Claimants through counsel or in a pro se capacity using contact details from the claims, objections to the Trustee s notices of determination of claims, or the debtor s books and records, all as provided by the Trustee s claims agent, AlixPartners LLP. Each of the Trustee s discovery requests contained a certificate of service setting out how and when service was made. 10. Attached hereto as Exhibit 1 is a true and correct copy of the complete discovery served on Jeffrey and Donna Schaffer with cover letter and certificate of service. 11. Attached hereto as Exhibit 2 is a true and correct copy of the complete discovery served on Carole Neville of SNR Denton US LLP on behalf of the Elaine Stein Roberts IRA, with cover letter and certificate of service. Objecting Claimants Who Failed To Respond To Requests For Admissions 12. All Objecting Claimants received eight (8) substantively identical Requests for Admissions in their discovery packages. 3

4 smb Doc Filed 05/19/17 Entered 05/19/17 16:38:12 Main Document Pg 4 of The Lehrer Stein Objecting Claimant received an additional four (4) Requests for Admissions in their discovery packages that were not included in the Schaffer Objecting Claimants discovery package. 14. The Schaffer Objecting Claimants did not respond to the Trustee s discovery requests. 15. The Lehrer Stein Objecting Claimant did not respond to the Trustee s discovery requests. 16. Exhibits 1-2 each contain the cover letter, Requests for Admissions, Interrogatories, Requests for Production, and Certificate of Service as mailed to the Objecting Claimants. Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and correct. Executed on May 19, 2017 New York, New York /s/ Stephanie Ackerman Stephanie Ackerman Baker & Hostetler LLP 45 Rockefeller Plaza New York, New York

5 smb Doc Filed 05/19/17 Entered 05/19/17 16:38:12 Exhibit 1 Pg 1 of 10 EXHIBIT 1

6 smb Doc Filed 05/19/17 Entered 05/19/17 16:38:12 Exhibit 1 Pg 2 of 10

7 smb Doc Filed 05/19/17 Entered 05/19/17 16:38:12 Exhibit 1 Pg 3 of 10

8 smb Doc Filed 05/19/17 Entered 05/19/17 16:38:12 Exhibit 1 Pg 4 of 10

9 smb Doc Filed 05/19/17 Entered 05/19/17 16:38:12 Exhibit 1 Pg 5 of 10

10 smb Doc Filed 05/19/17 Entered 05/19/17 16:38:12 Exhibit 1 Pg 6 of 10

11 smb Doc Filed 05/19/17 Entered 05/19/17 16:38:12 Exhibit 1 Pg 7 of 10

12 smb Doc Filed 05/19/17 Entered 05/19/17 16:38:12 Exhibit 1 Pg 8 of 10

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15 Pg 1 of 37 EXHIBIT 2

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18 Pg 4 of 37 Baker & Hostetler LLP 45 Rockefeller Plaza New York, New York Telephone: (212) Facsimile: (212) David J. Sheehan dsheehan@bakerlaw.com J orian L. Rose jrose@bakerlaw.com Nicholas J. Cremona ncrernona@bakerlaw.com Bik Cheerna bcheema@bakerlaw.com Attorneys for Irving H Picard, Trustee for the Substantively Consolidated SIP A Liquidation of Bernard L. Mada.ff Investment Securities LLC and the Estate of Bernard L. Mada.ff UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: BERNARD L. MADOFF INVESTMENT SECURITIES LLC, Debtor. SIPA LIQUIDATION Case No (SMB) (Substantively Consolidated) SECURITIES INVESTOR PROTECTION CORPORATION Plaintiff, v. BERNARD L. MADOFF INVESTMENT SECURITIES LLC, Defendant.

19 Pg 5 of 37 TRUSTEE'S FIRST SET OF REQUESTS FOR ADMISSION TO CLAIM PLEASE TAKE NOTICE that pursuant to Rules 26 and 36 of the Federal Rules of Civil Procedure (the "Federal Rules") and Rules 7026 and 7036 of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules") and the Local Civil Rules of the United States District Court for the Southern District of New York (the "Local Rules") and this Court (the "Local Bankruptcy Rules"), Irving H. Picard, Trustee (the "Trustee") for the Liquidation of Bernard L. Madoff Investment Securities LLC ("BLMIS") pursuant to the Securities Investor Protection Act ("SIP A"), and the estate of Bernard L. Madoff, hereby requests that Elaine Stein Roberts IRA respond in writing to the requests for admission ("Requests") set forth herein and deliver the same to the offices of Baker & Hostetler LLP, c/o Mr. Bik Cheema, 45 Rockefeller Plaza, New York, New York within 35 days of the date set forth below. DEFINITIONS 1. The rules of construction and definitions in Local Rule 26.3, as adopted in Rule of the Local Bankruptcy Rules, are hereby incorporated by reference. All defined terms, including those defined in Local Rule 26.3, are capitalized herein. 2. "Account" means BLMIS account 1L "Accountholder" means Stanley I. Lehrer & Stuart M. Stein J/T WROS. 4. "BLMIS" means Bernard L. Madoff Investment Securities LLC, Madoff Securities International Ltd. ("MSIL"), Madoff Securities International LLC, Bernard L. Madoff, Ruth Madoff, and all affiliated Persons and entities, including, but not limited to, any officers, directors, agents, representatives, employees, partners, parent companies, subsidiaries,

20 Pg 6 of 37 predecessor or successor and related entities, and affiliates of the above specifically identified Persons and entities. 5. "Claim" means claim number "Claimant" means Elaine Stein Roberts IRA. 7. "Objection" means the objection filed at docket number "You" or "Your" means Elaine Stein Roberts IRA and/or anyone acting on Elaine Stein Roberts IRA's behalf. "You" or "Your" does not include Elaine Stein Roberts IRA acting in any way on behalf of, for the benefit of, or in any capacity as a representative of Accountholder. 9. For all purposes herein, spelling, grammar, syntax, abbreviations, idioms, and proper nouns shall be construed and interpreted according to their context to give proper meaning and consistency to these Requests. 10. Reference to any Person that is not a natural Person and is not otherwise defined herein refers to and includes, but is not limited to, any parent, subsidiary, affiliate, division, branch, agency, representative office, predecessor, successor, principal, member, director, officer, shareholder, manager, employee, attorney-in-fact, attorney, nominee, agent, or representative of such Person. REQUESTS FOR ADMISSION 1. Admit the Account was not titled in Your name. 2. Admit You did not have an account in Your name at BLMIS. 3. Admit You never received correspondence directly from BLMIS. 2

21 Pg 7 of Admit You never made a payment of cash directly to BLMIS for credit to an account in Your name. 5. Admit You never deposited securities directly with BLMIS. 6. Admit You never withdrew funds directly from BLMIS. 7. Admit that any funds You received were transmitted to You from Accountholder. 8. Admit You did not receive investment statements from BLMIS in Your name. 9. Admit You did not receive tax statements from BLMIS in Your name. 10. Admit You never entered into any contracts in Your name with BLMIS. Accountho Ider. 11. Admit Your only relationship to BLMIS existed by way of Your relationship to 12. Admit You did not have any control or investment discretion over any investment assets at BLMIS. 3

22 Pg 8 of 37 Dated: September 5, 2014 ~,)~ ~- Shecllall ~ J orian L. Rose Nicholas J. Cremona Bik: Cheema Baker & Hostetler LLP 45 Rockefeller Plaza New York, New York Telephone: (212) Facsimile: (212) Attorneys for Irving H Picard, Trustee for the Substantively Consolidated SIP A Liquidation of Bernard L. Mada.ff Investment Securities LLC and the Estate of Bernard L. Mada.ff 4

23 Pg 9 of 37 CERTIFICATE OF SERVICE I hereby certify that a true and accurate copy of the foregoing Requests for Admission and accompanying letter relating to the objection to the Trustee's determination of claim number (Case No , Docket No. 3235) was served this 5th day of September, 2014 by First Class Certified Mail upon the following: Carole Neville SNR Denton US LLP 1221 Avenue of the Americas New York, NY A Attorney for Irving, Trustee for the Substantively Consol" uted SIP A Liquidation of Bernard L. Mada.ff Investment Securities LLC and the Estate of Bernard L. Mada.ff

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