Refco CEO charged with fraud
Phillip Bennett, until last week chairman and chief executive of brokerage firm Refco, has been charged with fraud after Refco accountants discovered debts of $430 million.
Bennett took an indefinite leave of absence on Monday after Refco discovered a company he controlled owed Refco $430 million. The company said it had failed to record repeated transfers of uncollectable obligations from itself to Bennett's company, and, as a result, its accounts since 2002 should now be regarded as unreliable. Bennett has since repaid the $430 million.
Refco shares have fallen by more than 50% since Friday. The US Securities and Exchange Commission started an informal investigation earlier this week.
Investors in Refco lodged several class-action suits against the company and its officers yesterday. The suits claim Refco misled its investors by producing misleading statements, and that various Refco officers knew the company's internal controls were faulty before its initial public offering in August this year.
Refco is pursuing its own investigation of Bennett's actions. According to a Financial Times report yesterday, the investigators have identified the hedge fund Liberty Corner Capital as Bennett's cutout in the debt shuffle. Liberty Corner was allegedly paid a fee for claiming that it, rather than Bennett's company, owed Refco the debts, thus concealing Bennett's involvement. However, it is still not known whether Liberty Corner knew it was helping to hide Bennett's activities from his own company.
The origin and nature of the debts is still uncertain. Refco has revealed that the debts go back as far as 1998 in some cases, raising the possibility that they were acquired, either by Bennett himself or by Refco clients, during the Russian or Asian financial crises of that year. Bennett became chief executive in 1998, having been chief financial officer.
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@risk.net or view our subscription options here: http://subscriptions.risk.net/subscribe
You are currently unable to print this content. Please contact info@risk.net to find out more.
You are currently unable to copy this content. Please contact info@risk.net to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@risk.net
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@risk.net
More on Regulation
Market players warn against European repo clearing mandate
Regulators urged to await outcome of US mandate and be wary of risks to government bond liquidity
Esma won’t soften regulatory expectations for cloud and AI
CCP supervisory chair signals heightened scrutiny of third-party risk and operational resilience
BPI says SR 11-7 should go; bank model risk chiefs say ‘no’
Lobby group wants US guidance repealed; practitioners want consistent model supervision and audit
Esma supervision proposals ensnare Bloomberg and Tradeweb
Derivatives and bonds venues would become subject to centralised supervision
Industry frowns on FCA’s single-sided trade reporting efforts
Buy side warns UK attempt to ease Mifir burden may miss target; dealers aren’t happy either
One vision, two paths: UK reporting revamp diverges from EU
FCA and Esma could learn from each other on how to cut industry compliance costs
Market doesn’t share FSB concerns over basis trade
Industry warns tougher haircut regulation could restrict market capacity as debt issuance rises
FCMs warn of regulatory gaps in crypto clearing
CFTC request for comment uncovers concerns over customer protection and unchecked advertising