3/23/2009
While We're on the Subject of Refco...
The Park Avenue duplex once owned by Refco's former CEO, Phillip Bennett (now serving a 16 year sentence)
has gone on the market for $5.9 million. The property had passed into government hands after Bennett plead guilty to most of the available types of business fraud.
You can
check out a floorplan here via the always awsome
Curbed. Nice hardwoods! If you'd like to make an offer, I am sure
Sabrina or Daniela would be glad to take your call. Open house this Wed!
-- MDT
Labels: Phillip Bennett, Refco
Mayer Brown Dodges a Refco Bullet (Several More in the Cylinder)
Stoneridge looms large in a decision that sees Refco lawyer Joseph Collins and the firm of Mayer Brown off the hook for the commodity firm's fraud and subsequent flame-out. This would be a bit of a strikeout for Refco's shareholders and for uber-securities litigator John Coffey of
Bernstein Litowitz Berger & Grossmann.
You can view the judge's dismissal order here, thanks to the AmLaw Daily. While your at it, check out Judge Gerard Lynch's juicy footnote on page 25 where he basically calls the Stoneridge decision out as a steaming pile of crap that we'd be better off without. But he says it all Judge-like and nice.
Despite the decision in this case, none of these folks are quite done with Refco yet. John Coffee has more parties to chase on behalf of the aggrieved - someone signed off on those Refco books
Grant Thornton . For Mayer Brown there is still the small matter of the Refco-related RICO suit brought by Thomas H. Lee Partners and a multi billion dollar lawsuit filed by Refco's bancruptcy trustee.
Oh and Joseph Collins also has the small matter of his own federal criminal trial on security fraud charges. That'll start in April.
Call it a full docket all around. More on this mess via Law.com
-- MDTLabels: Joseph Collins, Mayer Brown Rowe and Maw, Refco, Stoneridge
7/13/2008
BAWAG Trial Sees Nine Sentenced on Charges Stemming from Billions in REFCO-Related Losses
Those sentenced notably include former BAWAG CEO, the former hedge fund manager who made the epically ill-advised trades (those Yen derivatives can be a bitch), a former finance chief for an Austrian union and a KPMG auditor.
--MDT
Labels: BAWAG, Fraud, hedge fund, Refco
16 Years for REFCO CEO
That is some pretty hard time for the once high-flying Phillip Bennett, but then few falls have been as staggering as that of former futures trading behemoth, REFCO.
Bennett's conviction follows that of his former Partner, Tone Grant.
Grant was indicted on REFCO-related charges back on July 3rd '07. He was convicted in April of 2008.
And just so you can fill out your scorecard former REFCO finance chief,
Robert Trosten and former executive
Santo Maggio each plead guilty on fraud related charges - Trosten in early '08 and Maggio in late '07.
The last man standing appears to be
Joseph P. Collins, of the law firm
Mayer Brown Rowe & Maw -- indicted and awaiting trial.
- MDT
Labels: Joseph Collins, Phillip Bennett, Refco, Robert Trosten, Santo Maggio, Tone Grant
6/02/2008
Former Refco CEO Aids Investors in Lawsuit
And the lion shall lay down with the lamb... According to attorneys at Bernstein Litowitz, they have had
several productive conversations with former Refco CEO, Philip Bennett and expect him to be more than helpful in the firm's pending representation of aggrieved Refco shareholders. Bennett, for his part, might be looking for some good karma considering that he is facing a little over 300 years in prison if convicted on all the charges he is currently facing. Bennett's sentencing is set for June 19th.
-- MDT
Labels: Bernstein Litowitz and Berger, class action, Phillip Bennett, Refco
4/17/2008
Refco Boss, Tone Grant Convicted
12/19/2007
Refco Attorney Faces Fraud Charge
An indictment of Joseph Collins, Refco's lawyer for a decade,
has been in the wind for some time. This week it became a reality.
While the murmurs about his own legal troubles swirled, Collins saw his firm,
Mayer Brown Rowe & Maw become
a class action lawsuit target brought by angry shareholders of the now defunct commodity trading firm.
Collins has plead not guilty to the 11-count indictment filed by U.S. attorney for the Southern District of New York, which alleges securities fraud, wire fraud, bank fraud and conspiracy.
A separate civil complaint from the SEC was also filed.
Check out
further comment on the Collins case from
Thomas O. Gorman at
Porter, Wright's SEC Action blog.
Bookmark the blog while you're there if you follow the SEC. Good stuff.
-- MDT
Labels: indictment, Joseph Collins, Mayer Brown Rowe and Maw, Refco
10/02/2007
Refco: Not Over for Mayer Brown
Former shareholders of defunct commodity trader, Refco, filed suit on Monday against the Chicago area law firm that advised Refco on the firm's 2005 initial public offering. This would be the latest move against law firm Mayer Brown, which has a long history with Refco. This would be only one of several related suites pending against Mayer Brown, all stemming from its alleged role in the Refco fraud.
Details via Forbes.
Labels: Mayer Brown Rowe and Maw, Refco
8/21/2007
Refco Final Report Released
7/23/2007
Refco...The Gift that Keeps on Giving (Potential Indictments)
Refco's bankruptcy examiner is lobbing allegations of impropriety at Joseph Collins of
Mayer Brown Rowe & Maw, a Chicago-area law firm. Collins had for many years served as a close confidant of Refco management and, although
his firm faced the ire of Refco investors after being
I.D.ed as reviewing Refco's books, Collins himself had thus far stayed somewhat above the fracas. In a 400+ page report, culled from millions of pages of billing records, Refco's bankruptcy examiner concluded that Collins "knew or should have known" about that fraud and financial illegalities that led to Refco's failure.
Get further details on the report, and Mayer Brown's response via the Chicago Tribune.
-- MDT
Labels: Joseph Collins, Mayer Brown Rowe and Maw, Refco
2/21/2007
Refco Indictment Update, Tone Grant
Tone Grant, former owner of Refco,
plead not guilty in January to charges of conspiracy, fraud and money laundering. Grant stands accused to of helping to hide the collapsed derivatives trading firm's enormous losses and assisting those who wanted to pass off the company to unwary investors.
The activities that lead to Refco's final, scandal-ridden explosion weren't exactly uncharted territory for a company that had for years walked close to the edge. According to the Chicago Tribune:
Refco was the subject of 142 regulatory actions, the most of any futures trading outfit, according to a Bloomberg News analysis. The Commodity Futures Trading Commission came after it repeatedly, in some of its most prominent administrative cases of the 1980s and 1990s.
Fellow trading executives say Refco flouted industry standards like no other firm, tossing aside the rulebooks, taking on the diciest accounts and fighting back against regulators that tried to intervene.
Refco traces its origins to a one-time poultry wholesaler who served time in prison for selling substandard chickens to the military. Ray Friedman eventually won a pardon and with his stepson, Thomas Dittmer, opened the forerunner of Refco around 1969.
For a full accounting of Tone Grant's tenure at Refco (1981-1998), his legal woes and how he fits into the scandal that followed the company's demise,
check out the full article from the Tribune.Grant was followed at Refco by Phillip Bennett, who managed to convert the $300 million in losses under Grant's tenure into $720 million in debt, which he managed to hide rather effectively for a time. In 2005, Refco actually seemed poised to go public with an enormous public offering, but reality intruded. The gig was up and
the house of cards came crashing down.
-- MDT
Labels: Fraud, indictment, money laundering, Phillip Bennett, Refco, Tone Grant
6/19/2006
Refco Law Firm Facing Potential Class Action For Role Fraudulent Transactions
Make that
alleged role. But the plaintiffs, they are a'comin for
Mayer, Brown, Rowe & Maw. While the Chicago firm hasn't been named as a defendent just yet, it has been acknowledged as a negotiator of some of the aledgedly fraudulent transactions that preceded Refco's implosion. While the lawyers representing, notably
Sean Coffey of plaintiff powerhouse firm,
Bernstein, Litowitz Berger, haven't commented yet on Mayer Brown's culpability the law firm's records are being poured over by the SEC and through suit or settlement, odds are that Mayer Brown will be paying for their involvement with Refco in more ways that one.
More
here.
-- MDT
Labels: Bernstein Litowitz and Berger, Mayer Brown Rowe and Maw, Refco, Sean Coffey
6/07/2006
Refco Fallout Still Rolling, BAWAG set to Pay $675 Million
Austrian bank,
BAWAG has reached an agreement with the SEC to pay some $675 million to settle the bank's role in the accounting scandal that
'sploded commodities trading firm, Refco. In exchange the bank will not face prosecution from the New York Attorney General's Office.
More
here.
-- MDT
Labels: Refco
4/18/2006
List of Injured in Refco CEO Indictment Gets Longer
The mob stalking ex-Refco CEO, Phillip Bennet with pitch-forks and lit torches has gotten a little larger with the filing of a revised indictment. Bennett, of course, is accused of masterminding a half-billion dollar shell game at Refco, which obscured company debts. Yet another revision is anticipated in the case, which will include the claims of even more allegedly defrauded investors. Bennett, for his part has thus-far plead not guilty to charges of conspiracy and other violations.
More
here.
-- MDT
Labels: Phillip Bennett, Refco
4/07/2006
And Speaking of Refco, Another Fund Manager has Been Pulled into the Investigation Still Swirling Around the Failed Firm
The Street is reporting that investigators are digging into the now defunct Delta Flyer Fund, LLC., formerly run by fund Eric M. Flanagan. At issue is exaclty what role Flanagan's fund might have played in Refco CEO Phillip Bennett's alleged efforts to obscure that company's bad debts.
More
here.
-- MDT
Labels: Refco
Refco Short-Sellers Face SEC Charges
Six have been named, include of three former Refco Securities brokers, in SEC charges of massive short-selling shares of CRM software-maker,
Sedona Corp. Amongst those the SEC filed charges against are Andreas Badian of Rhino Advisors Inc., as well as three former Refco brokers: Jacob Spinner, Mottes Drillman and Jeffrey Graham. This isn't the first time Rhino Advisors, an unregistered investment advisor has been in the hot-seat over Sedona shares. back in 2003 Rhino and Thomas Badian, brother to the aforementioned Andreas,
agreed to pay $1 million to regulators to settle
similar short selling charges (links go to SEC litigation release and complaint, respectively).
All the details
here.
-- MDT
Labels: Refco
3/23/2006
Refco Brokers Settle Client Poaching Lawsuit
Deserting the sinking ship? A group of Chicago-based former Refco brokers have settled on charges of leaving the company with onfidential documents in-hand and poaching Refco clients insinuating an impending decline in service from Refco. Wonder what they could have been referring to? Via Cattlenetwork.com:
Ex-Refco Brokers Who Allegedly Poached Clients Settle Suit
Joseph Rebello
Dow Jones Newswires
March 22, 2006
A group of former Refco Inc. (RFXCQ) brokers moved to settle a lawsuit that accused them of defecting to a rival firm and poaching Refco's customers as the company was collapsing last October.
The eight brokers, all based in Chicago, pledged to return confidential documents allegedly taken from Refco's flagship business and to restrict the solicitation of former Refco customers, according to a proposed settlement filed with the U.S. Bankruptcy Court in Manhattan.
The lawsuit against the brokers was filed by the court-appointed administrator of Refco's former flagship unit, Refco LLC. It contended the brokers decamped with secret Refco customer lists just days after the company was engulfed by an accounting scandal.
Some of the brokers, the lawsuit said, then began calling Refco customers and urging them to transfer their business to the rival firm, Brewer Futures Group LLC. The pitch consisted of dire warnings about Refco's future, such as "Refco is going under," and "The level of service at Refco will decline. Service will be better at Brewer"...
More
here.
-- MDT
Labels: Refco
3/16/2006
Remember Refco...Prosecutors are Still Sorting Out the Failed Firm's Offshore Accounts
According to an article this morning from
Bloomberg, Refco held as much as $525 million in phony bonds in offshore accounts. At issue now - where the bonds were issued and how exactly they were valued. Implicated, but not yet accused of wrongdoing in the bond investigation are
Bawag, an Austrian bank and Liquid Opportunity (website?), a hedge fund based offshore. Refco itself has also not been charged with any specific wrongdoing in connection with the bond accounts, but the investigtion continues.
More
here.
-- MDT
Labels: Refco
3/02/2006
FLASHBACK: Caveat's Comments on Hedge Fund Due Diligence Featured in Risk Magazine
Whether on behalf of individual investors or fund of funds who bear responsibility for the actions of the funds they manage, corporate investigators can be a crucial component in risk management - operational, headline and otherwise. If nothing else, the
IMA story illustrates that if you don't work investigators on the front end, you may end up hiring them anyway...when it comes time to figure out where your money went.
Recently
The Daily Caveat had the opportunity to discuss the challenges of hedge fund due diligence with the fine folks at
Risk Magazine, the world's leading fianancial risk management journal. Seems appropriate to revisit the story, in light of continuing concerns in this arena:
Fund investors turn to private investigators
Risk Magazine
November 2005
By Jayne Jung
The recent to turn to private investigators to dig deeper into fund managers and to conduct due diligence
A spate of hedge fund-related scandals in recent months has increased concern among investors about fraud, and is prompting many to turn to private investigators to dig deeper into fund managers and to conduct due diligence. "What's going on with Bayou, Refco and Man Financial makes people nervous. And nervous people call investigators," says Michael Thomas, a partner at Caveat, a Washington DC-based corporate investigation firm...
...Caveat's Thomas says investors' focus is broader than the financial markets when making investment decisions, and with good reason. Something as simple as a driving under the influence of alcohol or drugs charge might cause investors to withdraw cash from a fund manager, he says. Investors don't want there to be any kind of question mark hanging over the integrity, or principles, of a manager.
The full article appears
here.
-- MDT
Labels: Bayou Group, Kroll, Refco
12/07/2005
Refco's Bondholders Seeking Access to "Secret" Data"
Via the
Seattle Post Intelligencer:
Refco bondholders want access to data
THE ASSOCIATED PRESS
December 6, 2005
WASHINGTON -- An investor group that holds $487.5 million in Refco Inc. bonds asked a judge to grant it direct access to secret information being gathered by a committee of creditors investigating the company's financial collapse.
The group said Refco's official creditors committee, which last week won the right to subpoena a broad array of Refco records, can't be relied upon to decide fairly which creditors should get access to that information. The creditors committee won that right only after promising to limit who gets access to the records...
But the bondholders contended the committee is "hopelessly conflicted" about pursuing the divergent interests of Refco's creditors. Under the circumstances, they said in court papers late Monday, the bondholders can't be sure they'll be kept informed about the investigation. "Any disconnect in receiving information, even for a short period of time, could have serious consequences," they said...
More in the full article, which appears
here.
-- MDT
Labels: Refco