EXHIBIT 1

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 1 of 49
HSBC<2>

My 19*2007

Michael J. Frevola

Holland & Knight LLP

195 Broadway

New York, New 10007

Dear Mr. Frevola:

Re; Writ of Maritime Attachment and Garnishment

Against: UBS Provedores Pty Ltd, aka USB-USS International

Court Index No. 07 cvS798

This will confirm our recent telephone conversation where we advised you that HSBC Bank USA,

N.A. has captured a wire payment originating from UBS Provedores Pty Ltd in response to the

captioned Writ of Maritime Attachment and Garnishment. You directed HSBC Bank USA, N.A. to

hold this payment. The payment in the amount of $68,885.12 is being held until further notice from

you.

If I can be of further assistance, please contact me at (716) 841-2639.

Sincerely,

Cyna

Legal Assistant

Legal Processing Department

HSBC Bank USA, National Association

n TTnn." r* Ti..fT-..l~ MV> tA">IVl

TDTQI P C\-\

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 2 of 49
EXHIBIT 2

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 3 of 49
Tel 212 513 3200 Holland & Knight LLP

Fax 212 3S5 9010 195 Broadway. Z4th Floor

New Vork. NY 10007-3189

www.hklaw.com

Michael J. Frevola

212 513 3516

michaeLfrevola@hklaw.com

July 25,2007

VIA E-mail

NRBARBI Solicitor

15/900 Brunswick Street

New Farm Qld 4005

Australia

Att: Adrian Dore, Esq.

Re: WilhelmsenPremier Marine Fuels AS v. UBS Provedores Pty Ltd.

SONY Docket #: 07 Civ. 5798 (CM)

Our File: 500177-03213

Dear Sirs:

We are counsel for plaintiff Wilhelmsen Premier Marine Fuels AS ("Wilhelmsen") in the

referenced matter. It is our understanding that you are Australian counsel for UBS Provedores Pty

Ltd. ("UBS"), the defendant in the referenced matter. If you are not counsel for UBS, please advise

us accordingly and we will send this correspondence directly to UBS.

We write to advise that Wilhelmsen has attached the approximate sum of $68,000 frozen by

HSBC on July 19, 2007, the amount of $68,865.12 frozen by JPMorgan Chase on July 20, 2007,

and the amounts of $29,610.37 and $275,399.86 frozen by JPMorgan Chase on July 23, 2007. We

attach copies of the notices we have received concerning the JPMorgan Chase attachments; we have

not yet received correspondence from FISBC regarding the exact amount of that attachment.

The attachment of these funds was effected in connection with the above-referenced matter,

which involves a claim by Wilhelmsen for fuel/bunkers purchased by UBS. We enclose a copy of

the Summons, Verified Complaint, Order of Attachment and Writ of Attachment for your reference.

Should UBS not appear in the above-referenced proceeding, we will seek a default against

UBS and execute on the attached funds.

Very truly yours,

HOLLAND & KNIGHT LLP.

By:

Michael J. Frevola

cc: Via E-mail

Carl Buchholz, Esq.

Rawle & Henderson, LLP

Counsel for JPMorgan Chase Bank

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 4 of 49
EXHIBIT 3

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 5 of 49
Wilhelmsen v. UBS Page 1 of 2

Frevola, Michael (NYC -X73516)

From: Jeanne-Marie Van Hemmen [jvanhernmen@bvgklaw.com]

Sent: Monday, September 10,2007 1:13 PM

To: Frevola, Michael {NYC - X73516)

Subject: Re: Wilhelmsen v. UBS

Dear Mike,

Please confirm that the only funds seized as of this date pursuant to the Raecorp. attachment is the $10,000 destined for BVGK.

Also please confirm that the only funds seized as of this date pursuant to the UBS attachment are the following;

1. $210,795.94 received hy Citibank for the benefit of USS-UBS International;

2. $289,378.30 received by Citibank for the benefit of USS-UBS International;

3. $275,399.86 received by JP Morgan from USS-UBS International for the benefit of a third party;

4. $68,865.12 received by JP Morgan from USS-UBS International for the benefit of a third party;

5. $29,610.37 received by JP Morgan. Your correspondence does not indicate whether this was for the benefit of USS-UBS International or from

USS-UBS for the benefit of third party. Please so indicate.

6. $68,000 received by HSBC. Your correspondence does not indicate whether this was for the benefit of USS-UBS International or from USSUBS for the benefit of a third party. Please so indicate.

Thanks for your assistance.

Regards,

Jeanne-Marie Van Hemmen

Original Message

From: michael.frevola@hklaw.corn

To: jvanhemmen@bvgklaw.com

Sent: Thursday, September 06, 2007 2:04 PM

Subject: Wilhelmsen v. UBS

Dear Jeanne-Marie:

As requested, I attach the Amended Complaint, Exhibits, and the Amended Writ.

I look forward to seeing you tomorrow.

Best regards,

Mike Frevola

«sdny 07cv5798 amended complaint.pdf» «sdny 07cv5798 amended complaint - ex 1 ,pdf» «sdny 07cv5798 amended

complaint - ex 2.pdf»

«sdny 07cv5798 amended complaint - ex 3.pdf» «sdny 07cv5798 amended complaint -- ex 4.pdf» «SDNY 07cv5798

amended writ.pdf»

Holland + Knight

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 6 of 49
Wilhelmsen v. UBS Page 2 of 2

Michael 3, Frevola, Esq.

Partner

Holland & Knight LLP

195 Broadway

New York, New York 10007

Main 212 513 3200

Direct 212 513 3516

Mobile 516 521 6365

Fax 212 385 9010

Email rnichael.frevola@hklaw.com

www.hklaw.com

NOTICE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed.

If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose

it to anyone else. If you are not an existing client of B&K, do not construe anything in this e-mail to make you a client unless it contains a specific

statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a

client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product

privilege that may be available to protect confidentiality.

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 7 of 49
EXHIBIT 4

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 8 of 49
Wilhelmsen v. UBS Page 1 of 2

Frevola, Michael (NYC -X73516)

From: Frevola, Michael {NYC - X73516)

Sent: Monday, September 10,2007 1:51 PM

To: X-Betancourt, Van Hemmen, Greco & Kenyon - Van Hemmen, J M

Subject: RE: Wilhelmsen v. UBS

Dear Jeanne-Marie:

Your recitation of information is correct with the following minor edits/additions:

1. The precise amount attached for Raecorp $9,980.00 and we confirm that it is the only attachment of Raecorp funds of which we

are presently aware {I copied you a few minutes ago on my e-rnail to Bank of America requesting the release of those funds - if you

did not receive it, please let me know and I will send you another copy).

2. With regard to item number 4, it is our understanding that JP Morgan Chase actually restrained two separate wires from UBS for

the benefit of a third party, both in the identical amounts of $68,865.12.

3. With regard to your item number 5, the $29,610.37 transfer was for the benefit of a third party.

4. With regard to your item number 6, the exact amount was $68,885.12 and it was transferred by UBS for the benefit of a third

party.

I trust that the foregoing is responsive to your request.

Best regards,

Mike Frevola

Michael J. Frevola, Esq.

Holland & Knight LLP

From: Jeanne-Marie Van Hemmen [mailto:jvanhemmen@bvgklaw.com]

Sent: Monday, September 10, 2007 1:13 PM

To: Frevola, Michael (NYC - X73516)

Subject: Re: Wilhelmsen v. UBS

Dear Mike,

Please confirm that the only funds seized as of this date pursuant to the Raecorp. attachment is the $10,000 destined for BVGK.

Also please confirm that the only funds seized as of this date pursuant to the UBS attachment are the following;

J. $210,795.94 received hy Citibank for the benefit of USS-UBS International;

2. $289,378.30 received by Citibank for the benefit of USS-UBS International;

3. $275,399.86 received by JTP Morgan from USS-UBS International for the benefit of a third party;

4. $68,865.12 received hy JP Morgan from USS-UBS International for the benefit of a third party;

5. $29,610.37 received by JP Morgan. Your correspondence does not indicate whether this was for the benefit of USS-UBS International or from

USS-UBS for the benefit of third party. Please so indicate.

6. $68,000 received by HSBC. Your correspondence does not indicate whether this was for the benefit of USS-UBS International or from USSUBS for the benefit of a third party. Please so indicate.

fhanks for your assistance.

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 9 of 49
Wilhelmsen v. UBS Page 2 of 2

Regards,

Jeanne-Marie Van Hemmen

— Original Message —

From: michael.frevola@hklaw.com

To: jvanhemrnen@bvgklaw.com

Sent: Thursday, September 06, 2007 2:04 PM

Subject: Wilhelmsen v. UBS

Dear Jeanne-Marie:

As requested, I attach the Amended Complaint, Exhibits, and the Amended Writ.

I look forward to seeing you tomorrow.

Best regards,

Mike Frevola

«sdny 07cv5798 amended complaint.pdf» «sdny 07cv5798 amended complaint - ex 1 .pdf» «sdny 07cv5798 amended

complaint — ex 2.pdf»

«sdny 07cv5798 amended complaint - ex 3.pdf» «sdny 07cv5798 amended complaint - ex 4.pdf» «SDNY 07cv5798

amended writ.pdf»

Holland + Knight

Michael J. Frevola, Esq.

Partner

Holland & Knight LLP

195 Broadway

Mew York, New York 10007

Main 212 513 3200

Direct 212 513 3516

Mobile 516 521 6365

Fax 212 3859010

Email rnichael.frevola@hklaw.com

www.hklaw.com

NOTICE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solelv for the use of the individijal(s) to whom it is addressed.

!f you believe you received this e-rnall in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or

disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a

specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this email as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work

product privilege that may be available to protect confidentiality.

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 10 of 49
EXHIBIT 5

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 11 of 49
Wilhelmsen v. UBS Page 1 of 3

Frevola, Michael (NYC -X73516)

From: Frevola, Michael (NYC-X73516)

Sent: Monday, September 10,2007 2:48 PM

To: X-Betancourt, Van Hemmen, Greco & Kenyon - Van Hemmen, J M

Subject: RE: Wilhelmsen v. UBS

Dear Jeanne-Marie:

John Cyna at HSBC advised me that the HSBC attachment was originated by UBS for the benefit of Australia Bunkering. He may

have mixed up the details, but that is the order of the transaction as explained to me (and read back to him by me}.

Best regards,

Mike

Michael J. Frevola, Esq.

Holland & Knight LLP

From: Jeanne-Marie Van Hemmen [mailto:jvanhemmen@bvgklaw.com]

Sent: Monday, September 10, 2007 2:47 PM

To: Frevola, Michael (NYC - X73S16)

Subject: Re: Wilhelmsen v. UBS

Mike,

Please confinn that the HSBC attachment was from a third party for the benefit of UBS.

B/rgards,

Jeanne-Marie

— Original Message —

From: michael,frevola@hklaw.com

To: jvanhemmen@bygklaw.com

Sent: Monday, September 10, 2007 1:55 PM

Subject: RE: Wilhelmsen v. UBS

You're welcome.

Michael J. Frevola, Esq.

Holland & Knight LLP

From: Jeanne-Marie Van Hemmen [mailto:jvanhemmen@bvgklaw.com]

Sent: Monday, September 10, 2007 1:55 PM

To: Frevola, Michael (NYC - X73516)

Subject: Re: Wilhelmsen v. UBS

Thanks for the clarification.

— Original Message —

From: michael.frevola@hklaw.com

To: ivanhernmen@bvgklaw.corn

Sent: Monday, September 10, 2007 1:51 PM

Subject: RE: Wilhelmsen v. UBS

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 12 of 49
Wilhelmsen v. UBS Page 2 of 3

Dear Jeanne-Marie:

Your recitation of information is correct with the following minor edits/additions:

1. The precise amount attached for Raecorp $9,980.00 and we confirm that it is the only attachment of Raecorp funds of which

we are presently aware {I copied you a few minutes ago on my e-rnail to Bank of America requesting the release of those funds -

if you did not receive it, please let me know and I will send you another copy).

2. With regard to item number 4, it is our understanding that JP Morgan Chase actually restrained two separate wires from UBS

for the benefit of a third party, both in the identical amounts of $68,865.12.

3. With regard to your item numbers, the $29,610.37 transfer was for the benefit of a third party.

4. With regard to your item number 6, the exact amount was $68,885.12 and it was transferred by UBS for the benefit of a third

party.

I trust that the foregoing is responsive to your request.

Best regards,

Mike Frevola

Michael J. Frevola, Esq.

Holland & Knight LLP

From: Jeanne-Marie Van Hemmen [mailto:jvanhemmen@bvgklaw.com]

Sent: Monday, September 10, 2007 1:13 PM

To: Frevola, Michael (NYC - X73516)

Subject: Re: Wilhelmsen v. UBS

Dear Mike,

Please confirm that the only fluids seized as of this date pursuant to the Raecorp. attachment is the $10,000 destined for BVGK.

Also please confirm that the only funds seized as of this date pursuant to the UBS attachment are the following;

1. $210,795.94 received by Citibank for the benefit of USS-UBS International;

2. $289,378.30 received by Citibank for the benefit of USS-UBS International;

3. $275,399.86 received by JP Morgan from USS-UBS International for the benefit of a third parry;

4. $68,865.12 received by JP Morgan from USS-UBS International for the benefit of a third party;

5. $29,610.37 received by JP Morgan. Your correspondence does not indicate whether this was for the benefit of USS-UBS International or

from USS-UBS for the benefit of third party. Please so indicate.

6. $68,000 received by HSBC. Your correspondence does not indicate whether this was for the benefit of USS-UBS International or from

USS-UBS for the benefit of a third party. Please so indicate.

Thanks for your assistance.

Regards,

Jeanne-Marie Van Hemmen

Original Message

From: michaei.frevola@hklaw.com

To: jvanhemrnen@bvgklaw.com

Sent: Thursday, September 06, 2007 2:04 PM

Subject: Wilhelmsen v. UBS

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 13 of 49
Wilhelmsen v. UBS Page 3 of 3

Dear Jeanne-Marie:

As requested, I attach the Amended Complaint, Exhibits, and the Amended Writ.

I look forward (o seeing you tomorrow.

Best regards,

Mike Frevola

«sdny 07cv5798 amended complaint.pdf» «sdny 07cv5798 amended complaint - ex 1 ,pdf» «sdny 07cv5798 amended

complaint - ex 2.pdf»

«sdny 07cv5798 amended complaint - ex 3.pdf» «sdny 07cv5798 amended complaint - ex 4.pdf» «SDNY 07cv5798

amended writ.pdf»

Holland + Knight

Michael J. Frevola, Esq.

Partner

Holland & Knight LLP

195 Broadway

New York, New York 10007

Main 212 513 3200

Direct 212 513 3516

Mobile 516 521 6365

Fax 2123859010

Email michaei.frevoia@ hkiaw.com

www.hklaw.coni

NOTICE: This e-mail is from a law firm, Holland & Knight LLP ("H&.K"), and is intended solely for the use of the individual(s) to whom it is

addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not

copy or disclose it to anyone else, if you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it

contains a specific statement to that effect and do not disclose anything to HSK in reply that you expect it to hold in confidence. If you properly

received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the

attorney-client or work product privilege that may be available to protect confidentiality.

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 14 of 49
EXHIBIT 6

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 15 of 49
Wilhelmsen Premier Marine Fuels AS v. UBS Provedores Pty Ltd., 07-5798 PMAG - amended writ Page 1 of 3

Frevola, Michael (NYC -X73516)

From: Jeanne-Marie Van Hemmen Ovanhemrnen@bvgklaw.com]

Sent: Friday, September 14, 2007 2:58 PM

To: Frevola, Michael (NYC -X73516)

Subject: Re: Wilhelmsen Premier Marine Fuels AS v. UBS Provedores Pty Ltd., 07-5798 PMAG - amended writ

Hi Mike

If you could send those telephone numbers and contact info when you have a moment, I would appreciate it.

Thanks.

Jeanne-Marie

— Original Message —

From: michael.frevola@hklaw.com

To: Jvanhemmen@bvgklaw.com

Sent: Tuesday, September 11, 2007 5:08 PM

Subject: FW: Wilhelmsen Premier Marine Fuels AS v. UBS Provedores Pty Ltd., 07-5798 PMAG - amended writ

Dear Jeanne-Marie:

I attach below a notice from Citibank of another smali amount attached ($2,619.67) that we received earlier this afternoon.

Best regards,

Mike

Michael 3. Frevola, Esq.

Holland & Knight LLP

From: Corner, Rodd [mailto:rodd.corner@citi.com]

Sent: Tuesday, September 11, 2007 3:24 PM

To: Green, Rudy (NYC - X73591); Frevola, Michael (NYC - X73516); Honan, Bill (NYC - X73300)

Subject: RE: Wilhelmsen Premier Marine Fuels AS v. UBS Provedores Pty Ltd., 07-5798 PMAG - amended writ

Importance: High

Please be advised that Citibank has received a payment for the benefit of USS-UBS International in the amount of £2619.67

{$2,644.67 minus $25 fee). We will continue to hold this payment until further notice from you.

NOTE TO FTN UNIT: Please continue to hold this payment....thanks, Rodd

CAR9892

NYFTA

.NYSIDCB 100527

TEST NR

0527 10C1TIUS33AXXX39245

0527 10CITIMYKLAXXXOOOOO

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 16 of 49
Wilhelmsen Premier Marine Fuels AS v. UBS Provedores Pty Ltd., 07-5798 PMAG - amended writ Page 2 of 3

10302

:20:3147253011/0

:23B:CRED

:32A:070910USD2644,67

:33B:USD2654,62

:50K:/0115737015

BARWIL WESTEXT SON BHD

1 SENTRAL, 18TH FLOOR,

JLN TRAVERS,

KUALA LUMPUR SENTRAL,

:52D:BARWIL WESTEXT SON BHD

:57A:NATAAU33033

:59:/465073883

USS-UBS INTERNATIONAL

:70:REFUND OF CREDIT BALANCE.

RATE CONFIRMED BY MISS PIK YENG.

:71A:BEN

:71F:USDO,00

Rodd Corner

Citi

Office of the General Counsel

388 Greenwich St, 17th Floor

New York, NY 10013

Tel: 212-816-3049

Fax:646-291-1533

Original Message

From: rudy.green@hklaw.com [mailto:rudy.green@hklaw.com]

Sent: Monday, September 10, 2007 9:00 AM

To: Diana.Serna@us.fortis.com; aebpmag@zeklaw.com; Mihalik, Mary B [CMB-GCO]; jennifer.paley@ubs.com;

maritime.attachments@wachovia.com; reisert@naviaw.com; johanna.vargas@us.standardchartered.com;

lynne.britt@us.fortis.com; lauren.maier@us.fortis.com; Ipiechocki@mw-Iaw.com; john.bardakjy@sgcib.com;

joneill@cbkna.com; acoie@cbkna.com.; pmag@zekiaw.com; pmag@americas.bnpparibas.com; nmorton@btmna.com;

yroman@us.mufg.jp; yholland@us.mufg.jp; mildred.cuevas@leumiusa.com; carlos.cabrales@leumiusa.com;

errickf@bpop.com; tdaniels@cbkna.com.; Corner, Rodd [CMB-GCO]

Subject: Wilhelmsen Premier Marine Fuels AS v. UBS Provedores Pty Ltd., 07-5798 PMAG -- amended writ

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 17 of 49
Wilhelmsen Premier Marine Fuels AS v. UBS Provedores Pty Ltd., 07-5798 PMAG -- amended writ Page 3 of 3

«SDNY 07cv5798 amended writ.pdf» «SDNY 07cv5798 - Order for Issuance of Amended Writ of Attachment.pdf»

Dear Ladies and Gentlemen:

Attached are copies of the following documents:

1. Amended Writ of Attachment and Garnishment;

2. Order for Issuance of an amended Writ of Attachment and Garnishment;

It is our understanding that you will accept service of the above documents by email after the

initial service. If you have any questions, please contact me at (212) 513-3591.

Best regards,

- Rudy Green

Holland + Knight

Rudy D. Green

Managing Clerk

Holland & Knight LLP

195 Broadway

New York, N.Y. 10007-3189

Main 212-513-3200

Direct 212-513-3591

Fax 212-513-3591

Email rudy.green@hklaw.com

www .hklaw.com

NOTICE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for die use of the individual(s) to whom it is

addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do

not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client

unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold In confidence. If

you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to

preserve the attorney-client or work product privilege that may be available to protect confidentiality.

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 18 of 49
EXHIBIT 7

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 19 of 49
Frevola, Michael (NYC -X73516)

From:

Sent:

To:

Subject:

Attachments:

Frevola, Michael (NYC - X73516)

Friday, September 14, 2007 4:11 PM

X-Betancourt, Van Hemmen, Greco & Kenyon - Van Hemmen, J M

FW: Mary B. Mihalik

Mary B Mihalik.vcf; Barry J Glickman.vcf; Ying Wang.vcf; Patricia McElveen.vcf

Dear Jeanne-Marie:

Sorry for the delay.

You may recall seeing a notice letter from Rawle & Henderson in the notices that I passed to you. They represent

JPMorgan Chase and (if I recall correctly) Bank of New York. .

Barry Glickman (v-card below) represents Bank of America and Amex, and may have a few others.

Mary Mihalik is Citibank.

Ying Wang Is Bank of China.

Patricia McEiveen is ABNAmro.

More to follow.

Best regards,

Mike

Michael J. Frevola, Esq.

Holland & Knight LIP

Mary B Mihalik.vcf Barry J ring Wang.vcf (657 Patricia

(4KB) Glickman.vcf (657 B; B) -IcElveen.vcf (480 B

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 20 of 49
Frevola, Michael (NYC -X73516)

From:

Sent:

To:

Subject:

Attachments:

Frevola, Michael (NYC - X73516)

Friday, September 14, 2007 5:02 PM

X-Betancourt, Van Hemmen, Greco & Kenyon - Van Hemmen, J M

Wilhelrnsen/UBS - More Banks

John Cyna.vcf; Johanna Vargas.vcf; Yvonne Falconer.vcf; Nancy Morton.vcf; Paula Pena.vcf

Jeanne-Marie:

John Cyna is HSBC.

Yvonne Falconer is Deutsche Bank.

Nancy Morton is BOT-M UFJ.

Paula Pena and Johanna Vargas are Standard Chartered.

Wachovia is represented by the firm that put in an interrogatory response/answer (on which I previously copied you).

Societe Generale is represented by Rich Reisert (see SocGen's answer on the docket).

This e-mail and the previous one encompasses about 14 of the 20 or so banks that we serve and all of the ones that we

usually get hits from. Please let me know if you have any further questions.

Best regards,

Mike Frevola

Michael J. Frevola, Esq.

Holland & Knight LLP

John Cyna.vcf (4 Johanna Vargas.vcf Yvonne Nancy Morton.vcf Paula Pena.vcf

KB) (488 B) Falconer.vcf (3118) (252 B) (297 B)

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 21 of 49
EXHIBIT 8

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 22 of 49
Page 1 of 1

Frevola, Michael (NYC -X73516)

From: Jeanne-Marie Van Hemmen [jvanhemmen@bvgklaw.com]

Sent: Friday, September 14,2007 3:34 PM

To: Norberto.B.Bonga@jpmchase.com; Johnette.Reid@jprnchase.com; teresa.j.goldberg@chase.com

Cc: cbuckholz@rawle.com; lphiliposian@rawle.com; Frevola, Michael (NYC - X73516)

Subject: Wilhelmsen Premier Fuels v. UBS Provedores Pty Ltd, SONY: 07-5798

Dear Mssrs Bonga, Reid and Goldberg,

We are attorneys representing UBS Provedores Pty Ltd and Raecorp. International in the referenced matter. We understand JP Morgan Chase

garnished a number of funds transferred through the bank since July, 2007.

We require a statement of all the funds garnished to date in connection with UBS' and Raecorp's emergent application with the Court that will

be filed on Monday, September 17, 2007. We attempted to reach your attorneys at Rawle Henderson in connection with our request but have not

had success reaching them. Given the time constraints, we felt compelled to reach out directly to you. Your assistance in this matter is greatly

appreciated. My telephone number is (732) 530-4646 should you have any questions.

Very Truly Yours,

Betancourt, Van Hemmen, Greco & Kenyon

By Jeanne-Marie Van Hemmen

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 23 of 49
EXHIBIT 9

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 24 of 49
UNITED STATES DISTRICT C

SOUTHERN DISTRICT OF NEW

— X

AUSTRALIA BUNKERING PTY LTD.,

USDS SONY

DOCUMENT

ELECTRONICALLY FILED

me* . .

tPB« FILED:

Plaintiff, 12

-againstUBS PROVEDORES PTY LTD. a/k/a USS-UBS

INTERNATIONAL and RAECORP. INTERNATIONAL

PTY LTD.,

Defendants.

ORDER FOR ISSUANCE OF

AN AMENDED WRIT OF

ATTACHMENT

AND GARNISHMENT

-X

UPON reading the Verified Complaint, for issuance of process of maritime attachment

and garnishment pursuant to Rule B of the Supplemental Rules for Certain Admiralty and

Maritime Claims of the Federal Rules of Civil Procedure ("Supplemental Rule B"), and the

affidavits and papers submitted in support thereof, and the Court finding that the conditions for

an action under Supplemental Rule E appear to exist;

NOW, upon motion of Peckar & Abramson, P.C., attorneys for plaintiff, it is hereby

ORDERED that the Clerk issue process of attachment and garnishment pursuant to

Supplemental Rule B as prayed for in the Amended Verified Complaint in the amount of

$1,544,460.16 against all goods, chattel, credits, letters of credit, bills of lading, debts, effects

and monies, funds, credits, wire transfers, accounts, electronic fund transfers, freights, subfreights, charter hire, sub-charter hire, or any other tangible or intangible property belonging to,

claimed by, being held for or on behalf of, or being transferred for the benefit of UBS

Provedores Pty Ltd. and/or USS-UBS International and/or Raecorp. International Pry Ltd., by

any garnishee within this district, including, inter alia, funds or account held in the names of

UBS Provedores Pty Ltd. and/or USS-UBS International and/or Raecorp. International Pty Ltd.

with the following financial institutions:

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 25 of 49
Bank of America, N.A.

The Bank of New York

Citibank N.A.

Deutsche Bank Trust Company Americas

HSBC Bank USA, N.A.

JPMorgan Chase Bank, N.A.

UBS AG Wachovia Bank, N.A.

Societe Generate

Standard Chartered Bank

BNP Paribas

Calyon Investment Bank

American Express Bank

Commerzbank

ABN Amro Bank

Bank Leumi USA

Fortis Financial Groups

Banco Popular; Travelex, Ltd

and it is further

ORDERED that said Order will be equally applicable to any other garnishees upon

whom a copy of the Process of Maritime Attachment and Garnishment may be served, in an

amount up to and including 1,544,406.16, pursuant to Supplemental Rule B; and it is further

ORDERED that any persons claiming an interest in the property attached or garnished

pursuant to this Order and the process of maritime attachment and garnishment shall, upon

application to this Court, be entitled to a prompt hearing at which plaintiff shall be required to

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 26 of 49
show why the attachment and garnishment should not be vacated or other relief granted; and it is

further

ORDERED that supplemental process enforcing this Court's Order may be issued by the

Clerk upon application without further Order of the Court; and it is further

ORDERED that following initial service upon any garnishee by the United States

Marshal or any other person designated or authorized by Order to make service in this action,

subsequent or supplemental service of Process of Maritime Attachment and Garnishment may

thereafter be made by way of facsimile transmission or other verifiable electronic means,

including email, to each garnishee so personally servec$ and it is further f -4- C-..

ORDERED that service on any garnishee herein be deemed to be effective and

continuous service throughout the remainder of the day upon which such service is made

commencing from the time of such service through the opening of garnishee's business the next

business day( and it is further

ORDERED that a copy of this Order be attached to and served with the said process of

maritime attachment and garnishment; and it is further

ORDERED pursuant to Rule 4(c)(l) of the Federal Rules of Civil Procedure that the

writs of attachment and garnishment may be served by any person, who is not less than 18 years

of age, and who is not a party to this action.

Dated: New York. New York

October IQ . 2007

SO ORDE

U.S.D.J. -

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 27 of 49
EXHIBIT 10

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 28 of 49
Holland+Knight

Tel 2125133200

Fax 212 385 9010

Holland & Knighl LLP

195 Broadway

New York. NY 10007-313?

www.hWaw.com

TO:

JohnCyna

NAME

CITY

FROM:

Michael J. Frevola

NAME

HSBC

COMPANY/FIRM

STATE

(212)513-3526

TELEPHONE

(716) 841-7651

FAX NUMBER

(716)841-2639

(TELEPHONE NUMBER)

?T

TOTAL PAGES (Including Cover Sheet)

FOR THE RECORD:

DATE: October 24, 2QQ7 URGENCY; D SUPER RUSH QjlUSHp REGULAR

FAXED BY: FILES: 500177.003213 CLIENTNAME: Wilhelmsen

CONFIRMED: NAME: TIME:

If you did not receive all of the

pages or find that they are

illegible, please call

212 513 3200

CONFIDENTIALITY NOTICE: This facsimile, along with my documents, files, or

attachments, may contain information that is confidential, privileged, or Ptherwise exempt from

disclosure. If you are not the intended recipient or a person responsible for delivering it to the

intended recipient, you are hereby notified that any disclosure, copying, printing, distribution or use

of any information contained in or attached to this facsimile is strictly prohibited, if you have

received this facsimile in error, please immediately notify us by facsimile of by telephone collect at

£hc numbers stated above, and destroy the original facsimile and its attachments without reading,

printing, or saving in any manner, j'our cooperation is appreciated. Thank you.

MESSAGE:

Re: Writ of Maritime Attachment and Garnishment

Against UBS Provedores Pty Ltd, aka USB-USS Internationa!

Court Index No. 07 cv 5798

Dear John,

Further to our telephone conversation of this morning, I attach a copy of the Consent

Order issued by Judge McMahon in the referenced matter which disposes of the attached funds

and directs payment to Wilhelmsen Premier Marine Fuels AS.

Please let me know if you have any questions, and I would appreciate it if you could

advise when the funds have been forwarded to Wilhelmsen.

Mike Frevola

f 4380474 vl

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 29 of 49
DIST EXEC SONY Fax;212-805-D3B3 Get 22 2007 04:21pm POOI/DCd

FAX COVER SHEET

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

500 PEABL STREET

NEW YORK, NEW YORK 10007

PHONE: 212-805-6325

FAX; 212-805-6326

JUDGE MCMAHON

DISTRICT JUDGE

TO: Cpunai ^ QCtf f FROM;

PAGES (INCLUDING THIS COVER SHEET);_CJ_

ffYOUHAVEKEcaVEOTKIS

FACSIMILE IK ERKOR. CONTACT THE HTJMBER ABOVE AHU EITHER MSTBOY THE OfilOQWL OR RETURN IT ay MWt-AHY OSEOFTMS

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 30 of 49
GIST EXEC SDNV Fax:212-805-0383 Oct 22 2007 Od:21pn PGC2/C04

William J. Honan (WJH 1922)

Michae! J. Frevola (MJF 8359)

HOLLAND & KNIGHT LLP

195 Broadway

New York, NY 10007-3189

(2)2)513-3200

ATTORNEYS FOR PLAINTIFF

W1LHELMSEN PREMIER MARINE FUELS AS

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

WILHELMSEN PREMIER MARINE FUELS

Plaintiff,

-againsiUBS PROVEDORES PTY LTD- a/k/a

USS-UBS INTERNATIONAL and

RAECORP INTERNATIONAL PTY LTD.,

Defendants.

USDS SDNY

DOCUMENT

ELECTRONICALLY FILED

DOCS:

DATE FILED: .10

07 Civ. 5798 (CM)

CONSENT

ORDER

WHEREAS, on or about June 19, 2007, Wilhelrnsen Premier Marine Fuels AS ("Plaintiff")

filed this action against UBS Provedores Pty Ltd. a/k/a USS-UBS International ("UBS"), and

obtained the issuance of a Writ of Attachment and Garnishment and an Order for Issuance of a

Writ of Attachment aad Garnishment dated ofl or about June 28, 2007; and

WHEREAS, on or about Auggsi 23, 2007, Plaintiff subsequently filed its amended

complain! to add Raecoip International Pty Ltd. ("Raccorp") as an additional defendiuu (UBS

and Raacorp co'lectively will hereinafter be referred to "Defendants"), and obtained the issuance

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 31 of 49
DIST EXEC SDNV Fax:212-80E-0383 Oct 22 2QD7 04;21pm POQ3/COd

of an Amended Writ of Attachment and Garnishment and an Order for Issuance of an Amended

Writ of Attachment and Garnishment dated on or about August 29, 2007; and

WHEREAS, the Writ of Attachment and Garnishment and an Order for Issuance of a Writ

of Attachment and Garnishment dated on or about June 28, 2007 and the Amended Writ of

Attachment and Garnishment and an Order for Issuance of a Amended Writ of Attachment and

Garnishment dated On or about August 29, 2007 (collectively referred to as the "Process of

Maritime Attachment and Garnishment") were subsequently served on various gamishee banks

in this district; and

, Plaintiff has attached funds that were being routed from or to accounts held by

UBS in the collective sum of $1,108,544.50 (the "Security"), which Security presently is in the

possession of the following gamishees: (1) the amounts of §210,795.94, 5289,378.30, $2,619.67

and $93,625.00 with Citibank, N.A.; (2) the amounts of $275,399.86, $68,865.12, 568,565.12

and S29,610.37 with JPMorgan Chase; (3) the amount of $68,885.12 with HSBC Bank USA,

N.A., and (4) the amounts of 5300.00 and $200.00 at Wachovia Bank, N.A.; and

WHEREAS, the Plaintiff and the Defendants have agreed to settle Plaintiff's claims;

NOW, pursuant to the subjoined consent of the attorneys for Plaintiff and Defendants, it is:

ORDEJRKD that the entirety of the Security is to released and wired to the following account

ofPUunlifiV,

Bank Name: Nordea Bank, London

Swift: NDEAGB2L

IBAN Number: G810MDEA404S7S59955102

Account Number 59955! 02

Beneficiary Name: Wilhelmsen, Premier Marine Fuels AS

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 32 of 49
DIST EXEC SDNV Fax:212-005-0393 Out 22 2D01 Qd:21pni P004/004

and it is further

ORDERED that this Consent Order likewise shall apply to all further funds frozen by

gamishees pursuant to the Process of Maritime Attachment and Garnishment and release of such

funds is directed without Plaintiff having to apply for a supplemental consent order. All such

frozen amounts shall be transferred itt accordance with the original wire instructions.

Dated: October Jj_, 2QQ7

HOLLAND & KNIGHT LLP

Michael J. Frevola

195 Broadway

New York, New York 10007

(212)513-3516

(212) 385-9010 fax

michael.frevola@hklaw.com

Attorneys for Plaintiff Wilkelmsen Premier Marine Fuels AS

BETANCOURT, VAN HfcMMEN, GRECO & KENYON

Jeanne-Marie van Hemmcn

46 Trinity Place

New York, New York 10006

(2!2) 297-0050

jvanhemmcn@bvgkiaw.com

Attorneys for Defendants UBS ProwJorey Ply Ud. a/k/a USS-UBS International

? -.vrp foiernntiorini Pty Ltd.

United States District Judge

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 33 of 49
JOB STATUS REPORT

TIME

NAME

FAXtt

TELH

SER.tf

10/24/2007 12:13

BR05J1510513

DATE.TXME

FAX NO./NAME

DURATION

PAGE(S)

RESULT

MODE

10/24 12:11

917168417651

00:01:23

05

OK

STANDARD

ECM

HollanckKnight

Tel 2125133200 Holland & Knight UP

If 5 Broadway

NewYork.NY!0007-3lB9

www.hKlaw.com

.John Cyna

NAME

CITY

FROM:

Michael J. Frevola

NAME

FORTHERECOBPi

DATE: October 24, 2007

FAXED BY;

CONFIRMED: DYESQNO

If you did not receive all of the

pages or fmd that they are

illegible, please call

212 513 3200

HSBC (716)841-7651

COMPANY/FIRM FAX NUMBER

(716) 841-2639

STATE (TELEPHONE NUMBER)

(212) 513-3526 b

TELEPHONE TOTAL PAGES (toclydhg Cover Sheet)

URGENCY; D SUPERRU?B t] RUSHdREGULAR

FILE#: 500177.003213 CLIENTNAME: Wilhelmsen

NAME: TIME:

^ONnuENTIAI.pY N^JI^l This ficsimitc, slonp with anv dtmimenn, filea. nr

atwotitnenti, may contain information tiut is confiilcntlel, privileged, or otherwise exempt ftom

dteilosum IT you KC nol the intankd ractpient or > person responsible tar delivering il to Sic

intended nclpicnt, you ate hereby notified (hat any disclosure, dopyingi printing, distribution or use

of my information contained in or attached TO thin facsimile is Uricdy prohlWtHl. Ifyouh&vc

roeeiwd this ftcaim/te in error, please immediately notify us l>y f»eiimi!f w by telephone collect at

the num^ora stated above, and destroy the original Otcsimilc and its attachment? without reading,

Crintrog.orjavniginnnyrTHnnet. YourDOoperatitm isspprcriatBd, l^kvou.

MESSAGE:

Re; Writ of Maritime Attachment and Garnishment

Against UBS Provedores Pty Ltd, aka USB-USS International

Court Lidex No. 07 cv 5798

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 34 of 49
EXHIBIT 11

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 35 of 49
20071636 B - Arbitration no 7962 Page 1 of 2

Frevola, Michael (NYC -X73516)

From: Jeanne-Marie Van Hemmen [jvanhemmen@bvgklaw.com]

Sent: Monday, October 29, 2007 4:34 PM

To: Frevola, Michael (NYC-X73516)

Subject: Re: 20071636 B - Arbitration no 7962

Hi Mike,

No. You can do anything with the correspondence I sent you. I did not think it appropriate for me to correspond with the LCIA directly under

the circumstances.

Can you provide me with confirmation that Wilhelmsen has received all of the "Initial Payment" and that Citibank still has the $44,000?

Regards,

Jeanne-Marie3

— Original Message —

From: michael.frevola@hklaw.com

To: jvanhemmen@bvgklaw.com

Cc: lbrgutaset@nordisk.no

Sent: Monday, October 29, 2007 4:18 PM

Subject: RE: 20071636 B - Arbitration no 7962

Dear Jeanne-Marie:

Understood. Would you mind if we forwarded your e-mail to the LCIA, so that the LCIA can see that you have received the

notice?

Best regards,

Mike

Michael J. Frevola, Esq.

Holland & Knight LLP

From: Jeanne-Marie Van Hemmen [mailto:jvanhemmen@bvgklaw.com]

Sent: Monday, October 29, 2007 4:19 PM

To: Frevola, Michael (NYC - X73516)

Cc: Lasse Brautaset

Subject: Fw: 20071636 B - Arbitration no 7962

Dear Michael,

We received the email below from Ms. Ruth Byrne, who is apparently affiliated with the LCIA. As you are aware, it is UBS' position that

the LCIA has no jurisdiction over the Wilhelmsen/UBS dispute ("Dispute"). Accordingly, we decline to provide the LCIA confirmation of a

settlement or any other information relevant to the Dispute. Please be guided accordingly,

Best Regards,

Jeanne-Marie Van Hemmen

Original Message

From: Counsei

To: Lasse Brautaset; jvanhemmen@bvgklaw.com ; billrae@ussubsint.com ; billrae@raecorpint.com ;

michael.frevola@hklaw.corn ; Knut.Biornebye@wilhelrnsen.com ; Hans.M.Borge@wilhelmsen.com

Cc: Casework

Sent: Friday, October 26, 2007 7:20 AM

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 36 of 49
20071636 B - Arbitration no 7962 Page 2 of 2

Subject: RE: 20071636 B - Arbitration no 7962

Dear Sirs,

I acknowledge receipt, yesterday, of Nordisk Legal Services' letter confirming that, subject to certain conditions, the above matter

has reached a settlement. I should be grateful if, for the sake of good order, the Respondent's counsel would confirm their

agreement with this position. We also look forward to hearing further from the parties once the conditions to settlement have been

met.

With kind regards

Ruth Byrne

Counsel

LCI A

70 Fleet Street

London EC4Y 1EU

Tel: +44 (0) 20 7936 7007

Fax: +44 (0) 20 7936 7008

www.lcia.org

From: Anne Mette Mevik [mailto:ammevik@nordisk.no] On Behalf Of Lasse Brautaset

Sent: 25 October 2007 15:24

To: Casework

Cc: jvan hem men @ bvgkla w .com; billrae@raecorpint.com; billrae@u5subsint.com; michael.frevola@ hkiaw.com;

Knut.Bjornebye@wilhelmsen.com; Hans.M.BorQe@wilhelmsen.com

Subject: 20071636 B - Arbitration no 7962

«Document.pdf>>

This email has been scanned by the MessageLabs Email Security System.

For more information please visit http://www.messagelabs.com/email

This email has been scanned by the MessageLabs Email Security System.

For more information please visit http://www.messagelabs.com/email

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 37 of 49
EXHIBIT 12

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 38 of 49
20071636 B - Arbitration no 7962 page i Of 3

Frevola, Michael (NYC -X73516)

From: Frevola, Michael (NYC - X73516)

Sent: Monday, October 29, 2007 4:44 PM

To: X-Betancourt, Van Hemmen, Greco & Kenyon - Van Hemmen, J M

Subject: RE: 20071636 B - Arbitration no 7962

Dear Jeanne-Marie:

OK. Sounds reasonable to me.

On the Initial Payment side, I have to confirm exact numbers with Wilhelrnsen through Nordea London but I'm pretty sure that we

have gotten everything but the $68K from HSBC (the numbers match up that way). I spoke to HSBC a little earlier and I just resent my fax of last Wednesday attaching the Consent Order. HSBC confirmed that they still have the $68K, so that also leads me to

believe that this is the sole remaining amount outstanding.

As for the $44K at Citibank, I specifically saw the wiring directions which kept the $44K at Citibank, so - while I haven't checked

today - I'm pretty certain that it stands ready for our disposal. Any word on what the $44K was paying off?

Best regards,

Mike

Michael J. Frevola, Esq.

Holland & Knight LIP

From: Jeanne-Marie Van Hemmen [mailto:jvanhemmen@bvgklaw.com]

Sent: Monday, October 29, 2007 4:34 PM

To: Frevola, Michael (NYC - X73516)

Subject: Re: 20071636 B - Arbitration no 7962

Hi Mike,

No. You can do anything with the correspondence I sent you. I did not think it appropriate for me to correspond with the LCIA directly under

(he circumstances.

Can you provide me with confirmation that Wilhelmsen has received all of the "Initial Payment" and that Citibank still has the $44,000?

Regards,

Jeanne-Marie3

Original Message

From: michael.frevola@hklaw.com

To: Jvanhemrnen@bvgklaw.com

Cc: lbrautaset@nordisk.no

Sent: Monday, October 29, 2007 4:18 PM

Subject: RE: 20071636 B - Arbitration no 7962

Dear Jeanne-Marie:

Understood. Would you mind if we forwarded your e-mail to the LCIA, so that the LCIA can see that you have received the

notice?

Best regards,

Mike

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 39 of 49
20071636 B - Arbitration no 7962 Page 2 of 3

Michael J. Frevola, Esq.

Holland & Knight LLP

From: Jeanne-Marie Van Hemmen [mailto:jvanhemmen@bvgklaw.com]

Sent: Monday, October 29, 2007 4:19 PM

To: Frevola, Michael (NYC - X73516)

Cc: Lasse Brautaset

Subject: Fw: 20071636 B - Arbitration no 7962

Dear Michael,

We received the email below from Ms. Ruth Byrne, who is apparently affiliated with the LCIA. As you are aware, it is UBS' position that the

LCIA has no jurisdiction over the Wilhelmsen/UBS dispute ("Dispute"). Accordingly, we decline to provide the LCIA confirmation of a

settlement or any other information relevant to the Dispute. Please be guided accordingly,

Best Regards,

Jeanne-Marie Van Hemmen

— Original Message —

From: Counsel

To: Lasse Brautaset; jvanhemmen@bvgklaw.com ; biilrae@ussubsmt.com ; M]r^&@raecor.Rint.corn ;

michael.frevola@hklaw.corn ; Knut.Bjornebye@wilhelmsen.com ; Hans.M.Borge^wilhelrnsen^com

Cc: Casework

Sent: Friday, October 26, 2007 7:20 AM

Subject: RE: 20071636 B - Arbitration no 7962

Dear Sirs,

I acknowledge receipt, yesterday, of Nordisk Legal Services' letter confirming that, subject to certain conditions, the above matter

has reached a settlement. I should be grateful if, for the sake of good order, the Respondent's counsel would confirm their

agreement with this position. We also look forward to hearing further from the parties once the conditions to settlement have been

met.

With kind regards

Ruth Byrne

Counsel

LCIA

70 Fleet Street

London EC4Y1EU

Tel: +44(0)2079367007

Fax: +44 (0) 20 7936 7008

www.lcia.ora

From: Anne Mette Mevik [mailto:ammevik@nordisk.no] On Behalf Of Lasse Brautaset

Sent: 25 October 2007 15:24

To: Casework

Cc: jvanhemmen@bvgklaw.com; billrae@raecorpint.com: billrae@u5subsint.com; michael.frevoia@hklaw.com;

Knut.Bjornebye@wilhelmsen.com; Hans.M.Borge@wilhelmsen.com

Subject: 20071636 B - Arbitration no 7962

«Document.pdf>>

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 40 of 49
20071636 B - Arbitration no 7962 Page 3 of 3

This email has been scanned by the MessageLabs Email Security System.

For more information please visit http://www.messagelabs.com/email

This email has been scanned by the MessageLabs Email Security System.

For more information please visit http://www.messagelabs.com/email

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 41 of 49
EXHIBIT 13

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 42 of 49
Page 1 of 1

Frevola, Michael (NYC -X73516)

From: Jean Marie Van Hemmen Ovanhemmen@bvgklaw.com]

Sent: Monday, January 07, 2008 3:47 PM

To: Frevola, Michael {NYC -X73516)

Subject: Wllhelmsen

Dear Michael,

I hope you had fun holidays, and I wish you a happy New Year.

It appears UBS timely furnished the Second Payment to Wilhelmsen, pursuant to the Settlement Agreement. However, I have not

seen any evidence of Wilhelmsen's compliance with its obligation to submit an order to the SONY discontinuing its lawsuit wifh

prejudice and and vacating the attachment. Nor does it appear Wilhelmsen's arbitration demand was vacated. Please confirm my

understanding that these steps have not been taken yet by Wilhelmsen. Let me know if there is any reason for Wilhelmsen's

noncompliance, other than the fact I did not demand action sooner.

regards,

Jeanne-Marie Van Hemmen

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 43 of 49
EXHIBIT 14

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 44 of 49
Frevola, Michael (NYC -X73516)

From: Frevola, Michael (NYC - X73516)

Sent: Friday, January 11, 2008 8:43 AM

To: X-Betancourt, Van Hemmen, Greco & Kenyon - Van Hemmen, J M

Subject: Wilhelmsen/UBS

Dear Jeanne-Marie:

Let me take the opportunity to wish you a Happy New Year. I regret the delay in responding but I hadn't looked

at the file much in the last several weeks and I needed to confirm where things stood before replying to your

inquiry.

As you will have seen by the e-mail copied to you from the LCIA, Wilhelmsen has notified the LCIA that it has

withdrawn its London arbitration demand. I confirm that we have not filed for dismissal of the New York Rule

B proceeding.

I must disagree with your position that Wilhelmsen is in breach of the Settlement Agreement by not yet

dismissing the New York Rule B proceeding. UBS offered various forms of consideration to Wilhelmsen in

exchange for the discontinuance of the New York Rule B proceeding and the compromising of its claims against

UBS. Certain material portions of that consideration have not yet been provided to Wilhelmsen, although

promised by UBS.

First, UBS has provided nothing whatsoever to Wilhelmsen regarding the Government Claims, despite UBS'

obligation in the Settlement Agreement to "provide to Wilhelmsen copies of its application for the Government

Claims as well as a full record of its correspondence with the U.S. government concerning the Government

Claims." On at least one occasion, on November 13, 2007,1 reminded you of this and you told me that UBS

was assembling the documentation. We never have received those documents.

Second, UBS likewise warranted to use its "best endeavors to recover from the U.S. government on the

Government Claims." We have seen no evidence of this and, in view of the lack of production of the promised

documents discussed in the preceding paragraph, we suspect that UBS is not complying with this obligation as

well.

Third, Wilhelmsen still has not received $68.885.12 that it was supposed to receive from HSBC that was part of

the Initial Payment of the Settlement Agreement. After a lengthy inquiry, it appears that HSBC let these funds

go even though they properly were under attachment at the time of the release. As a result, UBS remains

$68,885.12 short of its obligation to pay Wilhelmsen under the Initial Payment.

Accordingly, we demand that UBS provide these promised elements of consideration within the next 14 days,

that is, by 5 p.m. EST on Friday, January 25, 2008.

I look forward to hearing from you.

Regards,

Mike Frevola

Holland + Knight

Michael 3. Frevola, Esq.

Partner

Holland & Knight LLP

195 Broadway

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 45 of 49
New York, New York 10007

Main 212 513 3200

Direct 212 513 3516

Fax 212 385 9010

Email michael.frevola@hklaw.com

www.hklaw.com

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Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 46 of 49
EXHIBIT 15

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 47 of 49
Wilhelmsen/UBS Page 1 of 2

Frevola, Michael (NYC -X73516)

From: Jean Marie Van Hemmen Ovanhemmen@bvgklaw.com]

Sent: Friday, January 11, 2008 1:31 PM

To: Frevola, Michael (NYC - X73516)

Subject: RE: Wilhelmsen/UBS

Dear Michael,

I just returned to the office and received your response to my emails and telephone calls. As you are probably aware already, I

submitted the order dismissing the case to the Court myself when you did not return my emails and phone calls as promised

yesterday.

Dismissal of the case is required by the terms of the settlement agreement. UBS' obligations precedent to Wilhelmsen's

dismissal of the case have been satisfied. UBS submitted the consent order directing the attached funds to be paid to Wilhelmsen

and made the Second Payment. Wilhelmsen is obligated by the settlement agreement to now dismiss its case with prejudice. The

bank error, of which you only informed me today, was Wilhelmsen's risk. UBS has no obligation to pay Wilhelmsen additional funds

beyond the Second Payment (and, of course, funds recovered from the government, should that occur).

Regarding your request for documentation regarding the Government Claim, I will follow up with UBS and provide whatever they

have, i deny that you requested this documentation on November 13, 2007. My recollection is that you asked if UBS had received

any information from the Governement regarding the claim. My understanding is that UBS had not. In any event, provision of that

documentation is not a condition precedent to the dismissal with prejudice of Wilhelmsen's lawsuit.

Wilhelmsen's failure to dismiss its claims against UBS with prejudice at this juncture would be a material breach of the terms of

the settlement agreement, relieving UBS of its remaining obligations under the agreement, including paying out on any recovery on

its Government Claim. Please confirm Wilhelmsen's intention to permit entry of the order dismissing its claims with prejudice.

Regards,

Jeanne-Marie

From: michael.frevola@hklaw.com [mailto:michael.frevola@hklaw.com]

Sent: Friday, January 11, 2008 8:45 AM

To: Jean Marie Van Hemmen

Subject: Wilhelmsen/UBS

Dear Jeanne-Marie:

Let me take the opportunity to wish you a Happy New Year. I regret the delay in responding but I hadn't looked at the

file much in the last several weeks and I needed to confirm where things stood before replying to your inquiry.

As you will have seen by the e-mail copied to you from the LCIA, Wilhelmsen has notified the LCIA that it has

withdrawn its London arbitration demand. I confirm that we have not filed for dismissal of the New York Rule B

proceeding.

I must disagree with your position that Wilhelmsen is in breach of the Settlement Agreement by not yet dismissing the

New York Rule B proceeding. UBS offered various forms of consideration to Wilhelmsen in exchange for the

discontinuance of the New York Rule B proceeding and the compromising of its claims against UBS. Certain material

portions of that consideration have not yet been provided to Wilhelmsen, although promised by UBS.

First, UBS has provided nothing whatsoever to Wilhelmsen regarding the Government Claims, despite UBS' obligation in

the Settlement Agreement to "provide to Wilhelmsen copies of its application for the Government Claims as well as a full

record of its correspondence with the U.S. government concerning the Government Claims." On at least one occasion, on

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 48 of 49
Wilhelmsen/UBS Page 2 of 2

November 13, 2007,1 reminded you of this and you told rne that UBS was assembling the documentation. We never

have received those documents.

Second, UBS likewise warranted to use its "best endeavors to recover from the U.S. government on the Government

Claims." We have seen no evidence of this and, in view of the lack of production of the promised documents discussed in

the preceding paragraph, we suspect that UBS is not complying with this obligation as well.

Third, Wilhelmsen still has not received $68.885.12 that it was supposed to receive from HSBC that was part of the Initial

Payment of the Settlement Agreement. After a lengthy inquiry, it appears that HSBC let these funds go even though they

properly were under attachment at the time of the release. As a result, UBS remains $68,885.12 short of its obligation to

pay Wilhelmsen under the Initial Payment.

Accordingly, we demand that UBS provide these promised elements of consideration within the next 14 days, that is, by 5

p.m. EST on Friday, January 25, 2008.

I look forward to hearing from you.

Regards,

Mike Frevola

Holland + Knight

Michael J. Frevola, Esq.

Partner

Holland & Knight LLP

195 Broadway

New York, New York 10007

Main 212 513 3200

Direct 212 513 3516

Fax 212 385 9010

Email michael.frevola@hklaw.com

www.hklaw.com

NOTICE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed, If

you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it

to anyone else, If you are not an existing client of H&.K, do not construe anything in this e-mail to make you a client unless it contains a specific

statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a

client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product

privilege that may be available to protect confidentiality.

1/25/2008

Case 1:07-cv-05798-CM-HBP Document 33-2 Filed 01/25/2008 Page 49 of 49