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Law.com – Federal prosecutors Thursday unsealed an indictment charging the chief executive of what used to be one of the world’s largest investment funds with constructing elaborate tax shelters for some of his wealthiest clients. The executive, Jeffrey Greenstein, the former head of the Seattle-based fund Quellos Group, and two lawyers face 18 counts related to tax evasion and fraud for a scheme that netted them $86 million in fees and allowed six clients to avoid paying about $400 million in federal taxes, according to the indictment.
What’s interesting for our purposes is that the indictment details how lawyers from Cravath, Swaine & Moore and Bryan Cave blessed the shelters with letters indicating to the taxpayers that they were legal and would withstand scrutiny from the Internal Revenue Service. (The firms are identified as "C.S.M." and "B.C." in the indictment, but two sources familiar with the matter confirm they are Cravath and Bryan Cave. In addition, a 2006 congressional investigation mentioned the role the two firms played in the Quellos tax shelters, and at least one lawyer, Lewis Steinberg, then of Cravath and currently at Linklaters, testified before a congressional subcommittee.)
New York Daily News – State Controller Thomas DiNapoli is booting 10 hedge fund managers from doing business with New York’s scandal-scarred $122 billion pension fund, the Daily News has learned.
Four of the 10 firms were listed, but not charged, in an indictment the state attorney general’s office brought against two top associates to former Controller Alan Hevesi.
The four are Consulting Services Group, HFV Management, Olympia Capital Management and Pequot Capital Management.
New York (HedgeCo.Net) – Won Sok Lee will face a U.S. trial after fleeing for three years following the discovery of his bogus Florida hedge fund. The KL Group allegedly defrauded about $200 million out of investors over the course of five years. Lee appeared for the first time in a West Palm Beach, Florida court on Friday since his indictment in 2006.
Lee has been hit with dozens of charges including money laundering, mail fraud, conspiracy and wire fraud.
“Almost from its inception, the main fund suffered losses in each and every quarter of its existence,” said prosecutors.
Still, the fund managed to raise almost $200 million from 2000 to 2005. Lee, along with his brothers Jung Bae Kim and Yung Bae Kim, ran these hedge funds from locations in Florida and Nevada. The SEC caught wind of the suspicious activity in 2005, when they seized the company and appointed a receiver. Assets recovered only totaled $6.6 million, with only a portion of that amount actually returned to the investors.
Lee’s brothers were both sentenced to hefty terms. Jung Bae will serve 18 years while Yung Bae was sentenced to six years.
Lee was seized in February at an airport in Seoul after trying to board a flight to Argentina. Though his bail hearing is set for next Friday, prosecutors are trying to convey the fact that he is still a flight risk.
Julie Scuderi Senior Editor for HedgeCo.Net Email: julie@hedgeco.net
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BusinessWeek – A prominent Manhattan lawyer accused of peddling $700 million in phony securities to hedge funds will likely forgo a trial and change his plea to guilty, his attorney told a judge Thursday.
The defense announcement came at a hearing at which Marc Dreier pleaded not guilty to a revised indictment accusing him of money laundering in addition to previous charges of securities fraud, wire fraud and conspiracy to commit those crimes.
Bloomberg - Marc Dreier, the New York lawyer jailed since his arrest for allegedly cheating hedge funds, won’t be able to post the $20 million bond that would free him, his lawyer told a federal judge.
U.S. Magistrate Judge Douglas Eaton in New York today modified an earlier ruling that ordered Dreier held without bail until trial. Eaton required Dreier to have four co-signers and submit to home detention and electronic monitoring. Dreier’s lawyer, Gerald Shargel, said he will probably appeal.
“Effectively, that will keep my client in jail,” Shargel told Eaton, the same judge who set $10 million bail for accused swindler Bernard Madoff, who is charged with running an unrelated $50 billion Ponzi scheme.
Dreier, 58, was arrested Dec. 7 on charges that he persuaded two unidentified hedge funds to give him more than $100 million by falsely claiming he was selling at a discount notes issued by Sheldon Solow, a New York developer. Prosecutors later said “very sophisticated investors” lost $380 million. In a letter to the judge yesterday, they said that the loss topped $400 million.
Dreier, a graduate of Harvard Law School and Yale College, hasn’t formally responded to the wire- and securities-fraud charges. Prosecutors, who arrested Dreier on a criminal complaint, must file an indictment with the court by Feb. 7, Shargel said outside the courtroom.
