Weather Tonight: 10°c Heavy rain Morning: 11°c Light rain

Business

HEADLINES:
Madoff graphic

Lawyers target funds in bid to get back Madoff scam billions

Robert Lea and Bill Condie
19.12.08

Nicola Horlick's Bramdean, Arkie Busson's EIM and Man Group were today named as potential targets of legal action in the Bernie Madoff $50 billion (£32 billion) Ponzi scandal.

A leading New York law firm specialising in complex financial cases has formed a Madoff Task Force to collate claims from those who have lost money in the world's biggest fraud. Wolf Haldenstein Adler Freeman & Herz has recently been involved in seeking compensation in the collapse of Bear Stearns, and in chasing Vodafone over its US accounting practices.

The firm said it had been retained by a number of parties, adding: "It is now apparent that funds of funds, hedge funds, investment advisory firms and brokerage houses invested billions of dollars with Madoff, and these investments are now worthless.

"It is becoming increasingly apparent that the funds of funds that entrusted their clients' money with Madoff should have been aware of the numerous 'red flags' that were raised by Madoff's activities. It is also now apparent that these funds of funds failed to perform the necessary due diligence that they were being compensated to perform."

Funds of funds named by Wolf Haldenstein include RMF Investment Management, the fund of funds arm of FTSE 100-listed Man Group; Bramdean Alternatives, an arm of Horlick's investment management firm; and EIM Group, run by Busson, pin-up boy of the Mayfair hedge fund scene and boyfriend of Hollywood star Uma Thurman.

Horlick has insisted the Madoff affair points to "a systemic failure of the regulatory and securities markets regime in the US". Man Group has launched its own investigation.

Busson said it was "practically impossible" that Madoff was acting alone and insisted he was not at fault. "There's only so much due diligence you can do, and in hindsight you always wish you could have done it differently," he said this week.

Auditors of hedge funds involved in the affair are also likely to be targeted. BDO Seidman, a sister firm of London accountants BDO Stoy Hayward, is being sued over its role as auditor of Madoff feeder fund Ascot Partners.

Lawyers are expected to focus on "feeder" funds, which placed their money with the alleged fraudster. Class actions are likely to be complex as Madoff had relationships with a vast global network of asset management firms and fund of funds managers that steered wealthy client assets to him.

Experts say that while thousands of people lost money in former Nasdaq chairman Madoff's fraud, others made gains that they may now have to pay back.

Tamar Frankel, a law professor at Boston University, told the New York Times: "In a Ponzi scheme, not all investors lose. Those who manage to get out in time retain their investments and some of their gains."

However, previous US court rulings in similar cases suggest some of these gains will have to be given up to compensate losers. It is not known how many of Madoff's clients are affected but the structure of Ponzi schemes, which use money from later investors to pay early ones, means many could be ahead.

Reader views (2)

 Add your view

This is great, lets get all the "names and faces" out into the light of day, lets follow the money and please,please hope that someone in Government is making note of names, addresses, bank accounts, off shore tax havens,etc------lets start taxing these worthies, they need to start to make amends.

- Brian Hunwicks, Spain and glad to be a Conservative

Let the games begin.

- Blackstone Coke, London


Add your comment

 

Your email address will not be published

Terms and conditions make text area bigger You have  characters left.


 
Market Roundup
FRIDAY UPDATE

Morgan Stanley casts cloud over Thomas Cook and Tui

Shares of the UK’s two biggest package holiday operators were among the heaviest blue-chip fallers today after one broker decided that their outlook was far from sunny

More



City Spy, cityspy@standard.co.uk

Mayday! Who will leave BA board?

“The board of British Airways, with fees of £50,000 a year for a part-time director attending seven meetings and all those unlimited first class flights for them and the family, has been one of the most eye-catching City gravy trains. But that train is about to get a lot shorter

More

CitiDirect.co.uk - Directory Enquiry Service for UK Businesses

CitiDirect.co.uk - Directory Enquiry Service for UK Businesses
Service Area or postcode