RefcoRefco (OTCBB: RFXCQ) is a New York-based financial services company, primarily known as a broker of commodities and futures contracts. It was founded in 1969 as "Ray E. Friedman and Co." Prior to its collapse in October, 2005, the firm had over $4 billion in approximately 200,000 customer accounts, and it was the largest broker on the Chicago Mercantile Exchange. The firm's balance sheet at the time of the collapse showed about $75 billion in assets and a roughly equal amount in liabilities. Though these filings have since been disowned by the company, they are probably roughly accurate in showing the firm's level of leverage. Refco became a public company on August 11, 2005 with the sale of $26.5 million shares to the public at $22. It closed the day over 25% higher than that, valuing the entire company at about $3.5 billion. Investors had been pleased to buy shares because of Refco's history of profit growth -- they had reported 33% average annual gains in earnings over the four years before their initial public offering. The ScandalRefco, Inc. entered crisis on Monday, October 10, 2005 when it announced that its chief executive officer and chairman, Phillip R. Bennett had hidden $430 million in bad debts from the company's auditors and investors, and had agreed to take a leave of absence. Refco said that through an internal review over the preceding weekend it discovered a receivable owed to the company by an unnamed entity that turned out to be controlled by Mr. Bennett, in the amount of approximately US$430 million. Apparently, Bennett had been buying bad debts from Refco in order to prevent the company from needing to write them off, and was paying for the bad loans with money borrowed by Refco itself. He arranged at the end of every quarter for a Refco subsidiary to lend money to a hedge fund called Liberty Corner Capital Strategy, which then lent the money to Refco Group Holdings. Bennett's company then paid the money back to Refco, leaving Liberty as the apparent borrower when financial statements were prepared. It is not yet clear if Liberty knew it was hiding sham transactions; management of the fund has claimed that they believed it was borrowing from one Refco subsidiary and lending to another Refco sub, and not lending to an entity that Mr. Bennett secretly controlled. On October 20, they announced plans to sue Refco. The law requires that such financial connections between corporation and its own top officers be shown as what is known as a related-party transaction in various financial statements. As a result, Refco said, "its financial statements, as of, and for the periods ended, Feb. 28, 2002, Feb. 28, 2003, Feb. 28, 2004, Feb. 28, 2005, and May 31, 2005, taken as a whole, for each of Refco Inc., Refco Group Ltd. LLC and Refco Finance Inc. should no longer be relied upon." This announcement triggered a number of investigations, and on October 12 Mr. Bennett was arrested and charged with one count of securities fraud for using U.S. mail, interstate commerce, and securities exchanges to lie to investors. His lawyer has said that Bennett plans to fight the charges. As of October 19, trading of Refco's shares has been halted on the New York Stock Exchange, which is moving to permanently delist the shares. Before the halt, the shares were trading for more than $28 per share, and as of October 19, they had dropped (on the pink sheets) to $0.80 per share. Refco, Inc. filed for chapter 11 for a number of its businesses, to seek protection from its creditors on Monday, October 17, 2005. At the time, it declared assets of around $49 billion, which would have made it the fourth largest bankruptcy filing in American history. However, the company subsequently submitted a revised document, claiming it had $16.5 billion in assets and $16.8 billion in liabilities. Refco also announced a tentative agreement to sell its regulated futures and commodities business, which isn't covered by the bankruptcy filing, to a group led by J.C. Flowers & Co. LLC for about $768 million. However, other bidders have emerged, including Interactive Brokers and Dubai Investments, the investment division of the country of Dubai, who have offered to buy the entire company. These offers were for a time rebuffed, as the Flowers-led group would receive a "break-up" fee if Refco were to sell itself to one of these other parties. However, the bankruptcy judge in charge of the case decided that the break-up fee was unjustified due to the other interested parties not demanding a similar fee, leading to the Flowers group withdrawing their bid. Though of much smaller size, the regulatory impact of the scandal will be larger than for probably any other corporate failure except for Enron. Refco had sold shares to the public in a public offering only two months before revealing the apparent fraud. Their auditors, Grant Thornton, and the investment banks that handled the IPO, Credit Suisse First Boston, Goldman Sachs, and Bank of America Corp., all supposedly completed due diligence on the company, and all missed the CEO's hiding $430 million in bad debts. Their largest private investor was Thomas H. Lee Partners, L.P., a highly regarded buyout fund, and the reputation of its managers has been similarly sullied. As of October 27, shareholders of Refco have filed class action lawsuits against Refco, Thomas H. Lee Partners, Grant Thornton, Credit Suisse First Boston, and Goldman Sachs. The company's bankruptcy auction of its commodities and futures business ended on November 10th, with the final purchaser being announced as Man Financial, a rival in the commodities and futures fields. The company is an arm of the UK-based Man Group. The purchased Refco units will cease the use of the Refco name on Monday, November 28th. On January 25, 2006, Refco asked the bankruptcy court to approve appointment of Christie's auction house to sell Refco's prized art collection, which includes photographs by Charles Ray and Andy Warhol. The hearing on Refco's request is scheduled for February 14. The $430 millionThough no detailed report on Bennett's transactions has been made public, anonymous sources cited by the Wall Street Journal and other publications have stated that the debt stemmed from losses in as many as 10 customer trading accounts, including that of Ross Capital, and the widely reported October 27, 1997, trading losses of hedge fund manager Victor Niederhoffer. Niederhoffer said on his Web site in response to these news articles that Refco wanted to take over the assets in his accounts and assume all the liabilities in order to meet capital requirements, and that he and Refco signed a formal agreement to that effect on Oct. 29, 1997, in the presence of two major law firms and under the close scrutiny of regulators. "There were no debts, loans, or any other financial obligations left open between us," Niederhoffer said. "Refco received considerable assets from us as part of our agreement. I don't know how much money Refco received for these assets, or how it accounted for the transaction, or whether it ended up with a profit or loss. If Refco did suffer a loss, I am confident that it was quite minimal relative to the $460 million receivable said to have been a key link in the firm’s debacle, or to the actual sums that the principals and key players of the firm took out many years later." The story in the Journal implies that Refco settled Niederhoffer's debt for positions that were worth less than he owed them, or perhaps that they accrued trading losses unwinding those positions. Ross Capital has also been named by the Wall Street Journal's anonymous sources as one of the firms with losses that somehow led to Bennett's $430 million debt. Ross Capital is run by Wolfgang Flottl, whose father used to run Bawag P.S.K. Group, an Austrian bank that lent Bennett the money to repay Refco. In 1999, Bawag purchased 10% of Refco in a private transaction, and had an outstanding loan of 75 million euros to Refco at the time the firm collapsed. On October 5, before news of the hidden loan was made public, Phillip Bennett applied for a 350 million euro loan, to be collateralized with his shares in Refco. The loan was granted on October 10, and Bennett used it to pay off the hidden $430 million. The Refco stock that collateralized the loan is now worthless, and on November 16, Bawag joined the line of people suing Refco, demanding 350 million Euros plus punitive damages in compensation for the company's failure to disclose information that would have discouraged Bawag from lending the money to Bennett. The Austrian National Bank and Financial Market Authority are investigating Bawag's involvement with Refco. The apparent fraud was caught by Peter James, Refco's newly hired controller. Apparently, in the fiscal quarter before the story broke, Bennett failed to execute his temporary Liberty Strategies-hidden repayment of debt. This left the position on the books for James to find. It is unclear why the firm's Chief Financial Officer had not spotted the loan, but the firm's previous CFO, Robert Trosten, left Refco in October 2004 with a $45 million payout that was not disclosed in the firm's IPO prospectus. He is currently under investigation by regulators who suspect he may have known something about Bennett's malfeasance. Older ScandalsRefco has not enjoyed a clean reputation with regulators. The Commodity Futures Trading Commission and the National Futures Association took action against Refco and its units more than 100 times since the firm's founding. According to the Wall Street Journal, it was "among the most cited brokers in the business, according to data provided by the NFA." The 1978 "cattle futures" trading scandal in which Hillary Clinton was allowed to trade large positions on inadequate capital, and possibly the allocation of profitable trading by others into her account, was played out in Refco accounts. In 2001, the NFA ordered Refco to pay $43 million to 13 investors after their Refco broker used bogus order tickets to clear trades. On May 16, 2005, the company disclosed that it had received a "Wells Notice," indicating it might face charges related to improper short selling at its Refco Securities unit and other matters. The company had been implicated in "naked" short sales on the stock of a company called Sedona Corp., disclosed that it was negotiating the SEC and hoped to reach a settlement that would likely include an injunction against future violations and "payment of a substantial civil penalty." Refco put $5 million in reserve in anticipation of the settlement. The company has also been sued by Sedona in connection with this trading. This page about refco includes information from a Wikipedia article. Additional articles about refco News stories about refco External links for refco Videos for refco Wikis about refco Discussion Groups about refco Blogs about refco Images of refco |
|
The company has also been sued by Sedona in connection with this trading. The indictment accuses him of killing Taylor "willfully, deliberately and with premeditation" [4], while attempting to abduct and rape her. The company had been implicated in "naked" short sales on the stock of a company called Sedona Corp., disclosed that it was negotiating the SEC and hoped to reach a settlement that would likely include an injunction against future violations and "payment of a substantial civil penalty." Refco put $5 million in reserve in anticipation of the settlement. Benjamin Fawley was indicted for Behl's murder on Tuesday, January 17, 2006 in Mathews County, Virginia. On May 16, 2005, the company disclosed that it had received a "Wells Notice," indicating it might face charges related to improper short selling at its Refco Securities unit and other matters. The same witnesses who testified before Henrico County's Grand Jury in early October appeared before the Grand Jury again on Wednesday, October 19, 2005. In 2001, the NFA ordered Refco to pay $43 million to 13 investors after their Refco broker used bogus order tickets to clear trades. On Monday, October 17, 2005, Richmond Circuit Court Chief Judge, Margaret Spencer, issued a "gag order" prohibiting witnesses who appear before it from publicly discussing their testimony. The 1978 "cattle futures" trading scandal in which Hillary Clinton was allowed to trade large positions on inadequate capital, and possibly the allocation of profitable trading by others into her account, was played out in Refco accounts. Taylor Behl's mother Janet Pelasara, called Fawley "a big, fat liar" and that Behl had sex "once out of curiosity" with Fawley back in April 2005 "and then didn't want anything to do with him.". According to the Wall Street Journal, it was "among the most cited brokers in the business, according to data provided by the NFA.". It was common for Behl to save parking fees by using an off campus unmetered parking space on Hancock St., near Fawley's apartment. The Commodity Futures Trading Commission and the National Futures Association took action against Refco and its units more than 100 times since the firm's founding. Court TV's Marilyn Bardsley hypothesized another theory, one in which Behl crossed paths with Fawley after she left her roommate to her privacy at 10:20 PM that Monday night. Refco has not enjoyed a clean reputation with regulators. Fawley reportedly claimed that he panicked and dumped her unburied body in a shallow ravine. He is currently under investigation by regulators who suspect he may have known something about Bennett's malfeasance. Fawley reportedly admitted to being with Behl the night of September 5 and into the early morning hours of September 6, 2005 and that Behl accidentally died during a consensual sex act in her car in Mathews County, Virginia. It is unclear why the firm's Chief Financial Officer had not spotted the loan, but the firm's previous CFO, Robert Trosten, left Refco in October 2004 with a $45 million payout that was not disclosed in the firm's IPO prospectus. On Wednesday October 12, 2005 Fawley, against his attorneys' advice, spoke to investigators. This left the position on the books for James to find. A 38 year-old amateur photographer, Benjamin Fawley, a self-described “Goth/skater from the 1980s," who had a sexual relationship with Taylor and also one of the last people to see her alive, was arrested on unrelated child pornography and firearm possession charges and is currently the only person considered a suspect. Apparently, in the fiscal quarter before the story broke, Bennett failed to execute his temporary Liberty Strategies-hidden repayment of debt. Several pundits [1] [2] [3] made reference to the national coverage of her disappearance as possibly being another case of missing white woman syndrome. The apparent fraud was caught by Peter James, Refco's newly hired controller. Behl's disappearance and death are the subject of a major police investigation and internet cause célèbre. The Austrian National Bank and Financial Market Authority are investigating Bawag's involvement with Refco. Acting on a tip one month later VCU Police located her remains at a rural area in Mathews County, Virginia. The Refco stock that collateralized the loan is now worthless, and on November 16, Bawag joined the line of people suing Refco, demanding 350 million Euros plus punitive damages in compensation for the company's failure to disclose information that would have discouraged Bawag from lending the money to Bennett. About two weeks later on Labor Day, September 5, 2005, Behl disappeared. The loan was granted on October 10, and Bennett used it to pay off the hidden $430 million. She moved to Richmond, Virginia, in August 2005 to attend Virginia Commonwealth University. On October 5, before news of the hidden loan was made public, Phillip Bennett applied for a 350 million euro loan, to be collateralized with his shares in Refco. Taylor Marie Behl (October 13, 1987 – September 6, 2005) was a 17 year-old college freshman from Vienna, Virginia. In 1999, Bawag purchased 10% of Refco in a private transaction, and had an outstanding loan of 75 million euros to Refco at the time the firm collapsed. Washington Post. Group, an Austrian bank that lent Bennett the money to repay Refco. Taylor Behl on Crime Library. Ross Capital is run by Wolfgang Flottl, whose father used to run Bawag P.S.K. Richmond Times Dispatch news report. Ross Capital has also been named by the Wall Street Journal's anonymous sources as one of the firms with losses that somehow led to Bennett's $430 million debt. WRIC-TV, Va. If Refco did suffer a loss, I am confident that it was quite minimal relative to the $460 million receivable said to have been a key link in the firm’s debacle, or to the actual sums that the principals and key players of the firm took out many years later." The story in the Journal implies that Refco settled Niederhoffer's debt for positions that were worth less than he owed them, or perhaps that they accrued trading losses unwinding those positions. Henrico County, Virginia. I don't know how much money Refco received for these assets, or how it accounted for the transaction, or whether it ended up with a profit or loss. WSLS, Roanoke, Va. "Refco received considerable assets from us as part of our agreement. VCU Police Department. "There were no debts, loans, or any other financial obligations left open between us," Niederhoffer said. Fawley's Confession Another Lie? By Marilyn Bardsley. 29, 1997, in the presence of two major law firms and under the close scrutiny of regulators. Niederhoffer said on his Web site in response to these news articles that Refco wanted to take over the assets in his accounts and assume all the liabilities in order to meet capital requirements, and that he and Refco signed a formal agreement to that effect on Oct. Though no detailed report on Bennett's transactions has been made public, anonymous sources cited by the Wall Street Journal and other publications have stated that the debt stemmed from losses in as many as 10 customer trading accounts, including that of Ross Capital, and the widely reported October 27, 1997, trading losses of hedge fund manager Victor Niederhoffer. The hearing on Refco's request is scheduled for February 14. On January 25, 2006, Refco asked the bankruptcy court to approve appointment of Christie's auction house to sell Refco's prized art collection, which includes photographs by Charles Ray and Andy Warhol. The purchased Refco units will cease the use of the Refco name on Monday, November 28th. The company is an arm of the UK-based Man Group. The company's bankruptcy auction of its commodities and futures business ended on November 10th, with the final purchaser being announced as Man Financial, a rival in the commodities and futures fields. Lee Partners, Grant Thornton, Credit Suisse First Boston, and Goldman Sachs. As of October 27, shareholders of Refco have filed class action lawsuits against Refco, Thomas H. Lee Partners, L.P., a highly regarded buyout fund, and the reputation of its managers has been similarly sullied. Their largest private investor was Thomas H. Their auditors, Grant Thornton, and the investment banks that handled the IPO, Credit Suisse First Boston, Goldman Sachs, and Bank of America Corp., all supposedly completed due diligence on the company, and all missed the CEO's hiding $430 million in bad debts. Refco had sold shares to the public in a public offering only two months before revealing the apparent fraud. Though of much smaller size, the regulatory impact of the scandal will be larger than for probably any other corporate failure except for Enron. However, the bankruptcy judge in charge of the case decided that the break-up fee was unjustified due to the other interested parties not demanding a similar fee, leading to the Flowers group withdrawing their bid. These offers were for a time rebuffed, as the Flowers-led group would receive a "break-up" fee if Refco were to sell itself to one of these other parties. However, other bidders have emerged, including Interactive Brokers and Dubai Investments, the investment division of the country of Dubai, who have offered to buy the entire company. LLC for about $768 million. Flowers & Co. Refco also announced a tentative agreement to sell its regulated futures and commodities business, which isn't covered by the bankruptcy filing, to a group led by J.C. However, the company subsequently submitted a revised document, claiming it had $16.5 billion in assets and $16.8 billion in liabilities. At the time, it declared assets of around $49 billion, which would have made it the fourth largest bankruptcy filing in American history. filed for chapter 11 for a number of its businesses, to seek protection from its creditors on Monday, October 17, 2005. Refco, Inc. Before the halt, the shares were trading for more than $28 per share, and as of October 19, they had dropped (on the pink sheets) to $0.80 per share. As of October 19, trading of Refco's shares has been halted on the New York Stock Exchange, which is moving to permanently delist the shares. His lawyer has said that Bennett plans to fight the charges. mail, interstate commerce, and securities exchanges to lie to investors. Bennett was arrested and charged with one count of securities fraud for using U.S. This announcement triggered a number of investigations, and on October 12 Mr. should no longer be relied upon.". LLC and Refco Finance Inc. 28, 2005, and May 31, 2005, taken as a whole, for each of Refco Inc., Refco Group Ltd. 28, 2004, Feb. 28, 2003, Feb. 28, 2002, Feb. As a result, Refco said, "its financial statements, as of, and for the periods ended, Feb. The law requires that such financial connections between corporation and its own top officers be shown as what is known as a related-party transaction in various financial statements. On October 20, they announced plans to sue Refco. Bennett secretly controlled. It is not yet clear if Liberty knew it was hiding sham transactions; management of the fund has claimed that they believed it was borrowing from one Refco subsidiary and lending to another Refco sub, and not lending to an entity that Mr. Bennett's company then paid the money back to Refco, leaving Liberty as the apparent borrower when financial statements were prepared. He arranged at the end of every quarter for a Refco subsidiary to lend money to a hedge fund called Liberty Corner Capital Strategy, which then lent the money to Refco Group Holdings. Apparently, Bennett had been buying bad debts from Refco in order to prevent the company from needing to write them off, and was paying for the bad loans with money borrowed by Refco itself. Bennett, in the amount of approximately US$430 million. Refco said that through an internal review over the preceding weekend it discovered a receivable owed to the company by an unnamed entity that turned out to be controlled by Mr. Bennett had hidden $430 million in bad debts from the company's auditors and investors, and had agreed to take a leave of absence. entered crisis on Monday, October 10, 2005 when it announced that its chief executive officer and chairman, Phillip R. Refco, Inc. . Investors had been pleased to buy shares because of Refco's history of profit growth -- they had reported 33% average annual gains in earnings over the four years before their initial public offering. It closed the day over 25% higher than that, valuing the entire company at about $3.5 billion. Refco became a public company on August 11, 2005 with the sale of $26.5 million shares to the public at $22. Though these filings have since been disowned by the company, they are probably roughly accurate in showing the firm's level of leverage. The firm's balance sheet at the time of the collapse showed about $75 billion in assets and a roughly equal amount in liabilities. Friedman and Co." Prior to its collapse in October, 2005, the firm had over $4 billion in approximately 200,000 customer accounts, and it was the largest broker on the Chicago Mercantile Exchange. It was founded in 1969 as "Ray E. Refco (OTCBB: RFXCQ) is a New York-based financial services company, primarily known as a broker of commodities and futures contracts. |