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AP – A Chicago hedge fund owner accused of helping prop up the alleged Tom Petters Ponzi scheme has pleaded guilty to one count of wire fraud.
Appearing in federal court in St. Paul on Wednesday, Gregory Bell admitted helping set up 86 “round-trip” money transfers between his company, Lancelot Investment Management, and Petters Co. Inc. Prosecutors say the transfers helped conceal Petters Co.’s inability to repay its debts to the hedge fund.
Under his plea deal, Bell, 44, of Highland Park, Ill., agreed to help the government find his accounts and disburse the money to victims of his fraud.
Forbes – A court-appointed receiver in the case of a Sarasota man accused of bilking investors of up to $350 million is suing the firm that represented the hedge funds for failing to protect investors.
A lawsuit filed Monday says Holland & Knight failed to discover Arthur Nadel’s fraudulent investment program, even though a cursory examination would have revealed his illegal activities.
Nadel disappeared for two weeks in January after leaving his family a note in which he threatened to kill himself. He has been charged with federal securities and wire fraud and is being held on $5 million bail.
New York — The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision that dismissed a securities fraud case against New York-based hedge fund investment adviser Hennessee Group LLC. In the 36-page opinion issued July 14, 2009, the Second Circuit upheld in its entirety the August 2007 ruling by Judge Colleen McMahon of the U.S. District Court for the Southern District of New York that dismissed claims of breach of contract and securities fraud in South Cherry Street, LLC. v. Hennessee Group. All of South Cherry’s arguments on the appeal were found to be without merit.
The claims were in connection with Hennessee’s investment advice regarding Bayou Management’s hedge funds that were uncovered as part of a large Ponzi scheme, for which Bayou’s principals were found guilty of securities fraud in 2005.
“We are delighted with the Second Circuit’s decision that finds all claims of breach of contract and securities fraud against Hennessee are without merit. Bayou’s Ponzi scheme caused many unfortunate events, but the Court’s decision establishes that Hennessee was not a participant on any level,” said Bennett Falk, Hennessee’s trial counsel and a partner in the securities litigation and regulatory practice group in the Florida office of Bressler, Amery and Ross, P.C.
HedgeCo.net (West Palm Beach) – The U.S. Court of Appeals affirmed a district court’s decision that also dismissed a securities fraud case against New York-based hedge fund investment adviser Hennessee Group LLC.
Judge Colleen McMahon of the U.S. District Court for the Southern District of New York that dismissed claims of breach of contract and securities fraud in South Cherry Street, LLC. v. Hennessee Group. All of South Cherry’s arguments on the appeal were found to be without merit.
The claims were in connection with Hennessee’s investment advice regarding Bayou Management’s hedge funds that were uncovered as part of a large Ponzi scheme, for which Bayou’s principals were found guilty of securities fraud in 2005.
“We are delighted with the Second Circuit’s decision that finds all claims of breach of contract and securities fraud against Hennessee are without merit. Bayou’s Ponzi scheme caused many unfortunate events, but the Court’s decision establishes that Hennessee was not a participant on any level,” said Bennett Falk, Hennessee’s trial counsel and a partner in the securities litigation and regulatory practice group in the Florida office of Bressler, Amery and Ross, P.C.
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AFP – The United States and Switzerland will begin negotiations to amend their bilateral income tax treaty to provide for improved transparency, the US Treasury Department said Monday.
The announcement came following Group of 20 pledges last week to clean up tax havens and fight tax fraud and as bilateral relations have been strained by a massive tax fraud case involving Swiss banking giant UBS.
The negotiations to amend the 1996 treaty are expected to begin April 28 in Berne, Switzerland, the Treasury Department said in a statement.
Bloomberg – Stanford Group Co.’s court-appointed receiver and securities regulators asked a U.S. judge to deny requests by hundreds of investors to join the regulatory lawsuit at the heart of an $8 billion fraud investigation.
The receiver, Ralph Janvey, and the U.S. Securities and Exchange Commission yesterday filed papers in federal court in Dallas opposing the requests by more than 45 groups of investors and creditors who have asked permission to join the SEC’s suit against R. Allen Stanford.
“Allowing all the investors to intervene in the enforcement action would destroy any hope for an efficient distribution of assets,” Janvey said in a court filing late yesterday. He said he’s working “as quickly as possible to release more accounts through a certification process” designed to free all frozen funds not directly linked to the suspected fraud.
Most of the groups asking to join the SEC’s fraud case are investors whose brokerage accounts were frozen along with Stanford’s personal and corporate assets when regulators sued the Texas financier, two associates and three affiliated companies on Feb. 17. Stanford is suspected of orchestrating the fraud through the sale of high-yield certificates of deposit by Antigua-based Stanford International Bank.
Last week, Janvey won court approval to release $4.6 billion from about 28,000 frozen brokerage accounts. U.S. District Judge David Godbey extended the freeze on more than $1 billion in about 4,000 remaining Stanford accounts, most of which belong to Stanford employees or executives or are linked to investments issued by the Antiguan bank.
