Just two months ago New York-based commodities broker,
Refco was celebrating a successful IPO valued at over half a billion dollars.
Earlier this week a trouble-bomb went off. The slow burn fuse to this latest alledged corporate fraud to rock Wallstreet was Refco CEO Phillip Bennett socking away hundreds of millions in bad debts run up by Refco customers. Meanwhile, these same charges showed up on Refco balance sheets as a cleaned up receivable.
Refco claims that the British-born Bennett has paid the money back, totaling some $400 million, through a bank loan secured by putting up his Refco stock as collateral. This however did not stop federal prosecutors from arresting him and seeking a criminal indictment. But Bennett is not thought to have acted alone. New Jersey-based hedge fund,
Liberty Corner Advisors has been fingered as assisting Bennett in obscuring his financial misdealings.
Now Bennett, who was released on $50 million bond is being called a
flight risk, trading in Refco shares has been halted following a 62% stock drop, and the plaintiff's bar is
cuing up to get a piece of the action. Question is, who's going to talk, whose going to walk and who's going to swing as the other players in this drama emerge over the next few weeks.
-- MDT
Labels: Phillip Bennett, Refco
It's not a matter of the $500 million or so that was there, disappeared, was reclassified as a debt, no, an asset, no, a good receivable, no, a "doubtful account," and then reappeared via a mysterious Euro Dollar deposit on Monday. It's entirely a matter of the credibility of the most senior firm executive -- and owner -- and his accomplices who allegedly chose to violate the very oath of the futures industry, that "My word is my bond." Imagine if thousands of floor traders disavowed their floor pit/ring trades if they were disadvantageous to them. This very oath is the foundation upon which the futures and forward trading industry was founded upon some 150+ years ago.
Refco, as it is, is an efficient intermediary in the execution of the debits & credits amongst its counterparty clients, earning its monetary spread by providing the service of transaction enabling, liquidity, and margin funds provision. Its historic return on its own capital, albeit with its risks, is enviable.
In my humble opinion a new suitor will be found, injecting significant excess capital, and guaranteeing all employees their livelihoods, and all clients their monies, and under a NEW entity if class action shareholders try to get blood money from what will surely then turn into a stone.
With his stepfather Ray E. Friedman turning over in his grave, sleep well yea all, as Tom Dittmer will be back at the helm!
Tom's business philosophy was always to deal with any problems & pain immediately, get them out of the way ASAP, a lesson obviously not learned by Bennett re the bad debts, whether they originate from third party clients or his own trading.
Bennett, for his part, always believed that being #1 in an industry means that a premium well beyond normal would be paid for any firm, and such was the Thomas Lee and IPO case to his credit.
Fraud, if done well, is near impossible to detect, from this alleged case to the ongoing 70+ year old mortgage industry illegally lending you your own money by monetizing your promissory note [legal scholars will be locked up, without bail, by Federal judges for even discussing same in public or in the media].
All in all, Bennett is no more, if not less guilty than FDR was for seizing our gold or Nixon taking us off the gold standard. It's just that no prosecutor dared indict them.
Tom Dittmer will be back!
-A Marine never leaves anyone behind