The Ontario Securities Commission and the Mutual Fund Dealers Association of
Canada announced on Friday a plan that would require some 55 investment and
mutual fund dealers to repay investors all fees received from failed hedge fund
Portus in connection with client referrals. The Investment Dealers Association
of Canada (IDA) supports the plan, which applies to five of its members.
In total, excluding fees that have already been recovered, about $12 million
in fees was paid out of funds invested in Portus to MFDA and IDA Ontario-registered
dealers.
The regulators say they have already received indications from 28 dealers,
representing more than 80% of fees paid out of funds invested in Portus to MFDA
and IDA Ontario-registered dealers, that they are willing to accept the plan.
Dealers have been asked to confirm by January 24, 2006 that they intend to comply
with the request and repay investors by May 31, 2006 under oversight by the
MFDA and the IDA.
This payment will be in addition to the money investors stand to recover from
the insolvency proceedings being conducted by KPMG. The firm says that $662.15
million (Canadian) and about $37.2 million (US) have been found and secured
in 130 Portus bank and investment accounts in Canada, the Turks and Caicos and
the Cayman Islands, out of more than $800m that was collected by Portus. The
majority of Portus assets remain tied up in notes issued by France's Société
Générale which were purchased for $529m, and mature between 2008 and 2011.
Meanwhile, the net is tightening around Portus founder Boaz Manor, who fled
to Israel last February. According to Israeli press reports, Judge Shmuel Baruch
of Tel Aviv District Court gave Manor three days in December to deliver more
than 100 diamonds worth $11.6m, allegedly bought with Portus funds, to KPMG,
or face arrest.
However, after pleas from Manor, who says he doesn't have the stones, the judge
held a closed hearing on 26th December at which Manor was questioned by lawyers.
Last week Judge Baruch issued a further order, this time giving Manor seven
days to produce the diamonds or face gaol.
KPMG says that it has obtained a lien on up to $20.7 million over Manor’s property
in Israel, representing $3.1 million that Manor allegedly transferred to his
lawyer and $17.6 million missing from Portus's funds. As to the diamonds, they
may be in Hong Kong, where Manor's sister-in-law is under court pressure to
reveal their whereabouts.
Manor also faces charges brought in Canada by the Ontario Securities Commission,
which his Ontario lawyer says he will fight. Lawyer Brian Greenspan said: "He
intends, obviously, to defend and respond to the charges and it's always been
his intention to appear as required in answer to any charges that are brought
against him."
The OSC says it is proceeding expeditiously with the administrative and court
proceedings against Manor commenced in October last year. The next appearance
with respect to the administrative proceeding commenced against Portus, Boaz
Manor, Michael Mendelson, Michael Labanowich and John Ogg is scheduled to take
place on January 17, 2006. With respect to the court proceeding against Boaz
Manor, the next attendance in provincial court will take place on January 18,
2006.
The RCMP is also investigating the affair and may stand a better chance of
attacking Manor under Federal laws - but they were very slow to begin investigations
and there has been no news about their progress.