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Lloyds TSB is to pay out $12.5m (£6.25m) for its alleged part in a $100m-plus
foreign currency scam in the United States.
Though not admitting liability, the British bank has agreed a settlement to
compensate victims of the fraud in a US class action suit in the name of Ralph
Gonzales, a private investor. Man Financial, the futures and derivatives trader
spun out of Man group in July and now called MF Global, has agreed to pay $4.1m
in the same case - again without admitting guilt.
The class action alleged that Lloyds TSB, Man Financial and the Californian
accountancy firm Kaplan, Swicker & Simha aided and abetted a breach of
fiduciary duty and fraud and contravened sections of RICO - the Racketeer
Influenced and Corrupt Organisations Act.
Mr Gonzales was one of more than 300 investors who bought into a currency
scheme sold between July 1998 and February 2003 by Moshe Leichner and his son
Zvi. In messages on internet bulletin boards, the two promised investors they
would gain 2-4% a month by foreign currency dealing through their companies -
most prominently Midland Euro Exchange. They took in an estimated $130m,
including $40m from clients of one Florida investment adviser.
But the Leichners were operating a Ponzi scheme, where high returns are
possible only if more and more new investors can be found to put in cash to pay
out to scheme members who want to quit.
According to Debra Wong Yang, a Californian federal prosecutor, less than 20%
of the money was actually invested. The rest was spent by the Leichners on
themselves. They bought boats, houses and luxury cars as well as hiding away
millions in secret offshore accounts.
Even though the US regulator, the National Futures Association, had barred
Midland Euro from business in October 2001, and Zvi Leichner had been personally
suspended in March 2000, the pair continued to enjoy banking and other financial
facilities.
In 2003, the Leichners were arrested by the FBI. They pleaded guilty to wire
fraud, money laundering and operating an illegal Ponzi scheme. Moshe was
sentenced to 20 years, his son to 11 years.
Investors sued organisations they claimed had aided and abetted the Leichners
- albeit unwittingly. After the Lloyds TSB and Man settlements, they expect to
see about 30% of their money returned.
"The bank admits no liability," Lloyds TSB said. "The settlement has been
reached to put an end to the distraction and expense of litigation."
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http://money.guardian.co.uk/news_/story/0,,2149687,00.html
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