In a court report filed this week, KPMG says that managers of defunct Canadian
hedge fund Portus skimmed up to 13% of assets; KPMG wants to make Portus bankrupt
in order to speed up distributions to the 26,000 cheated investors.
The report says that to date, about $662.15 million (Canadian) and about $37.2
million (U.S.) 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.
The majority of Portus assets remain tied up in notes issued by France's Société
Générale which were purchased for $529-million, and mature between
2008 and 2011.
Although all investor funds were supposed to be invested by Portus, KPMG says
on average 13.3% or roughly $90m was deducted from the BancNote Trust and BancLife
Trust Investor Funds and used to pay management fees, performance fees, referral
fees, trailer fees, managed account redemptions, undetermined fees and to generally
finance Portus operations.
Portus failed to purchase Canadian securities on behalf of BancNote Trust and
BancLife Trust managed accounts as outlined in the offering memorandum. According
to the report, LOM Holdings Ltd., an offshore trading firm based in Bermuda,
made book entries showing money or shares being transferred on behalf of Portus;
but the report says no securities were actually traded on the market. Portus
also failed to establish individual trust accounts for each individual note
series.
KPMG says it could take years for investors get their money back from Portus,
but that a bankruptcy under the court would offer the speediest route, making
it easier to liquidate investments, such as the Société Générale
notes, and distribute all recovered assets to shareholders.
"The objective of distributing maximum value to the investors can be achieved
most effectively and practically through a bankruptcy," the report said.
Portus was founded three years ago by Boaz Manor and Michael Mendelson. In
July the RCMP launched a criminal investigation into Portus; KPMG had originally
made a criminal complaint in April. Toronto-based Portus was forced into receivership
last March by the Ontario Securities Commission. In June, KPMG won an Ontario
court order compelling founder Boaz Manor to account for all the money originating
from the now-insolvent hedge fund Portus in a number of international accounts,
but now says that attempts to unravel the tangle of Portus transactions has
been frustrated by lack of access to Mr. Manor. He left for Israel in February
and has said through a lawyer he is too ill to co-operate.