Each business day HedgeCo.Net keeps you informed with the top hedge fund industry news, opinion and insight from around the globe. From the latest hedge fund launches, to the impact of regulation, competition, and investor activism - we track the topics and people that make a difference to you.
Wall Street Journal – A lawyer for the court-appointed trustee liquidating Bernard Madoff’s firm confirmed they have located an additional $75 million in Madoff assets — a figure that would put the total above $1 billion.
A lawyer for the court-appointed trustee also said Monday that French authorities are moving to seize Mr. Madoff’s residence in France, to satisfy claims by victims in that country. The residence in Cap d’Antibes, France, was valued at about $1 million, according to a statement of Madoff’s assets as of Dec. 31, 2008.
Last week, U.S. prosecutors indicated they plan to seek the forfeiture of the residence in Mr. Madoff’s criminal case, in which he pleaded guilty earlier this month to perpetrating a massive Ponzi scheme. It wasn’t clear if French efforts would conflict with U.S. recovery efforts. A spokeswoman for U.S. prosecutors did not immediately comment.
Bloomberg – Bret Grebow, co-founder of hedge fund HMC International LLC, was sentenced to four years in prison for defrauding investors out of $7.8 million in what prosecutors said was “a classic Ponzi scheme.”
Grebow, of Highland, Florida, was also ordered to forfeit $7.8 million after pleading guilty last year to investment adviser fraud. U.S. District Judge Barbara Jones in Manhattan imposed the sentence. Grebow, 33, faced a maximum prison sentence of five years.
“He was very remorseful,” defense attorney Vincent Gelardi said in an interview after today’s sentencing. “He was young at the time. He lost control of the situation.”
Globe and Mail – When Mark Bloom was arrested last week in New York for allegedly bilking clients of North Hills Fund, the case marked a new low in the hedge fund world.
Not just because Mr. Bloom had allegedly stolen $13.2-million (U.S.) from investors, sent false financial statements and lied repeatedly about the fund’s holdings. What really galled prosecutors was that Mr. Bloom had secretly invested client money in a Canadian-based hedge fund and then bitterly complained to regulators when the fund manager was charged with stealing money from investors, sending false financial statements and lying about the fund’s holdings.
Then, when a court-appointed receiver recovered the bulk of the money Mr. Bloom had invested in the Canadian fund, he managed to divert most of the money to himself.
"This action demonstrates the length to which unscrupulous individuals will go to defraud investors," said Stephen Obie, acting director of enforcement of the Commodity Futures Trading Commission (CFTC), which filed charges against Mr. Bloom along with the U.S. Attorney’s Office in New York.
Bloomberg – The victims of Marc Dreier, the New York lawyer charged in a $400 million fraud, included Amaranth Group Inc., Perella Weinberg Partners and Blackstone Group LP’s GSO Capital Partners, U.S. prosecutors said.
Government lawyers identified the firms in a court filing in New York on Feb. 9 as three of the 20 institutions they claim are victims of Dreier’s thefts. Prosecutors didn’t disclose how much it alleges each of the companies lost.
Prosecutors say Dreier, 58, persuaded two hedge funds to give him more than $100 million by falsely claiming he was selling notes issued by Sheldon Solow, a New York developer, at a discount.
Herald Tribune – As Arthur G. Nadel made his way to New York Thursday under the watchful eye of U.S. marshals, the clock ticked away on the 30-day time limit faced by prosecutors to indict the man accused of a hedge fund swindle before they would have to set him free.
Nadel, accused of looting tens of millions of dollars from six hedge funds he operated from downtown Sarasota, has been ordered to stand trial in New York on one count of securities fraud and one count of wire fraud.
Bloomberg - A hedge fund manager who used the same defense lawyer as Bernard Madoff received a sentence that was a third of the maximum possible after he was convicted of defrauding investors out of $10 million.
Vincent Montagna remains free on bail more than two years after pleading guilty. He was sentenced to 40 months in prison instead of a possible 9-year term. His lawyer, Ira Sorkin, also represents Madoff, the New York investment adviser U.S. prosecutors accused of running a $50 billion Ponzi scheme.
Though Montagna and Madoff aren’t known to be connected beyond their choice of attorney, the case may provide a window on Madoff’s prospects in avoiding or reducing the maximum 20 years in prison he faces if convicted. Madoff, 70, is free on bail, though restricted to his Manhattan apartment.
Bloomberg - Marc Dreier, the New York lawyer accused of cheating hedge funds, said he told his 19-year-old son he could have properties worth $12.5 million after the teenager agreed to spend the summer with him, prosecutors said.
Assistant U.S. Attorney Jonathan Streeter in New York made the disclosure yesterday in a letter urging a federal judge to deny bail to Dreier, who is accused of defrauding investors of hundreds of millions of dollars. Streeter said statements made by Dreier to the receiver of his law firm, Dreier LLP, aren’t “credible” and that Dreier may have assets hidden overseas.
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 yesterday’s letter, they said the loss topped $400 million.
New York (HedgeCo.Net) – Bernard Madoff will continue his house arrest at his swanky Manhattan apartment, after a judge refused to send him to prison on Monday.
Madoff’s lawyers have pointed out that he has cooperated fully with officials and investigators since allegedly confessing his $50 billion Ponzi-scheme to his sons last month.
“Aside from the bare assertion that there remains some risk of flight, the government has failed to articulate any flaw in the current conditions of release,” said Judge Ronald Ellis of U.S. District Court in Manhattan, speaking of the government’s original push to incarcerate Madoff.
Prosecutors have tried to convince the court that Madoff is a flight risk after forging alliances with individuals all across the globe. They also said he violated a court order that froze his assets after he dispersed more than $1 million worth of valuables via mail to friends and family.
Right now, Madoff is under 24 hour surveillance at his Manhattan home. His incoming and outgoing mail is also under investigation and he must provide a list to the U.S. government that outlines his portable valuables.
If convicted, Madoff faces up to 20 years in prison in what has proved to be the largest Wall Street scam in history. Dozens of wealthy individuals, banks, hedge funds and financial institutions have lost billions in investments tied to Madoff.
Julie Scuderi Senior Editor for HedgeCo.Net Email: julie@hedgeco.net
Bloomberg – When Manhattan lawyer Marc Dreier needed to apply a patina of reality to allegedly bogus promissory notes he was pitching to hedge funds, he used Mission Impossible- type tricks.
As the U.S. Attorneys Office in Manhattan tells it, he would lie his way into an accounting firm’s or real estate developer’s offices as if he had business there.
He then would use their conference rooms for meetings with hedge-fund officials to make it seem the accountants or developers were in on the deal, according to the feds.
Appropriating the accounting firm’s letterhead, he fabricated financial statements and forged audit letters, prosecutors and the Securities and Exchange Commission allege. He would arrange conference calls between hedge-fund representatives and someone pretending to be the chief executive of Solow Realty, the developer and former Dreier client whose fake notes the feds say Dreier was trying to sell.
Forbes – Business software company Epicor Software Corp. said Monday it will not pursue a $566 million buyout offer from shareholder Elliott Associates LP.
Hedge funds Elliott Associates and Elliott International LP offered to buy Epicor Oct. 1 for $9.50 per share, representing a 20.4 percent premium to the stock’s closing price of $7.89 on Sept. 30. Based on Epicor’s 59.6 million outstanding shares as of Aug. 1, the deal would be worth roughly $566 million.
At the time, the offer was still well below the stock’s 52-week high of $14.04 reached last October.
The hedge funds own 10.2 percent of Epicor.
In a letter to Elliott, Epicor President and Chief Executive Thomas F. Kelly said the company has a roadmap of products planned over the next 18 to 24 months and has the opportunity to establish itself further in the market and grow.
Reuters UK – Fund firm BlackRock held onto the top spot for net sales of British funds to retail investors in the second quarter, according to industry data, helped by sales of its hedge fund-style UK Absolute Alpha fund.
BlackRock had 879.2 million pounds of net sales, up from 713.6 million pounds in the first quarter, according to Lipper Feri’s Fund Sales Report.
The report comes as the funds industry faces lower sales due to volatile and falling markets and investor caution. According to the Investment Management Association, net retail sales were 139.5 million pounds in June, down from 747.8 million pounds a year before.
International Herald Tribune – Blackstone Group, manager of the world’s largest leveraged-buyout fund, said Wednesday that second-quarter profit beat analysts’ estimates as gains from hedge funds offset a decline in private-equity takeovers.
Net economic income, a measure that excludes some compensation costs, fell 75 percent to $165.6 million, or 15 cents a share, from $655 million, or 58 cents, a year earlier, the New York-based Blackstone said. That exceeded the average estimate of 8 cents a share by 10 analysts in a Bloomberg survey. Revenue declined 63 percent to $353.7 million.
Blackstone’s fees from buying and selling companies have plunged as buyouts of more than $2 billion dried up and initial public offerings fell to their lowest in four years. Investors backed away from the debt used to finance LBOs in the fallout from the collapse of subprime-mortgage securities in the second half of last year.
