tivities that fall within the scope" of one of the statutory excep- tions) (citing Drexel Burnham Lambert Group Inc. v. Comm, of Receivers for AW. Galadari, 12 F.3d 317, 325 (2d Cir. 1993)). In challenging this Court's sub- ject matter jurisdiction, the moving Defen- dants retain the ultimate burden of