MORGENSTERN & BLUE, LLC
‘UPDATE ON THE STATUS OF MORGENSTERN & BLUE’S
STANFORD-RELATED CASES AND RECOVERY EFFORTS
AND OTHER CASE DEVELOPMENTS
Avaust 4, 2010
Many of you have asked us for an update on the status of the case and our efforts on
your behalf to recover assets relating to the Stanford fraud. First, you should know that we
are working very hard on your behalf, and I am personally devoting virtually all of my
professional time to this effort, as are several of my colleagues. We are dedicated to doing
everything in our power to maximize your recoveries, and we are extremely sensitive to the
horrible devastation that this fraud has caused to you and your families. Please be assured
that we share your goals of obtaining the greatest possible recoveries in the shortest period of
time.
All major legal cases (particularly those involving multi-billion dollar frauds)
generally take many years to be resolved by the courts, and this one is no exception. Indeed,
as your attorneys, the Stanford case is particularly difficult for us as well, because of the
confluence of many complicating factors, including: (i) the pending criminal case against,
Stanford and certain of his colleagues, which has resulted in a partial stay of formal discovery
and document gathering and our ability to push forward on the legal claims we have identified
as being the most promising; (ii) the international nature of the fraud, and the involvement of
individuals and entities from around the world who may not be cooperative and who resist our
efforts to sue them in United States courts; (iii) issues relating to the “dual receivership”
structure with Vantis and Mr. Janvey fighting for control of assets, and the disputes between
the two competing receivers; (iv) the complex nature of the fraud itself; (v) political
ramifications and obstacles, including the involvement of governments and agencies in the
United States, Antigua, Venezuela and elsewhere; and (vi) the sheer volume of information,
documentary and otherwise, that is involved in a massive Ponzi scheme of this type.
Notwithstanding these roadblocks and complications, we believe that we are making
significant progress in the cases, as detailed below
The Investor Committee — As many of you are aware, we asked the Court more than a year
ago to transfer the civil case from the receivership structure to a bankruptcy, because we
believed that in a bankruptcy case the victims would have much greater substantive legal
rights, and access to documents and information that would be helpful in advancing pending
and contemplated legal actions against third parties. We were also extremely dissatisfied with
the progress of the receivership, and believed that a bankruptcy case would be a more
streamlined and effective procedure for maximizing investor recoveries. Our efforts were
opposed by the receiver, the court-appointed examiner, the Securities and Exchange
Commission, and the Internal Revenue Service for a variety of reasons. Following a courtMORGENSTERN & BLUE, Lc Paiviteceo & ConriDeNTiAt
hearing in March, and at the Judge's urging, we reached agreement with the receiver and the
other parties to resolve the motion by establishing an official committee to represent the
investors, which would be empowered to review all documents, appear on all issues in the
case, and have control over much of the litigation against the third parties that we believe to
be the most likely potential sources for significant recoveries to investors. We considered this
agreement to be a breakthrough and were hopeful for swift approval by the Court. Although,
wwe are disappointed by the delay in the court’s consideration of the stipulation, we now
expect that the agreement will be approved at a hearing scheduled in Dallas for August 10.
We believe that the establishment of the investor committee, while long overdue, will be a
major step in the right direction, and we will provide further details following next Tuesday's,
conference.
The Bank Litigation — Last year, we commenced litigation against Toronto-Dominion Bank,
Trustmark National Bank, Bank of Houston, HSBC Bank PLC, and SG Private Banking
(Suisse) S.A. (Societe Generale) alleging that those financial institutions assisted Stanford's
fraud, and are legally responsible to the investors for damages incurred as a result. The banks
have responded by filing motions to dismiss our complaint on a variety of theories, and we are
actively litigating these cases. We continue to believe that these claims could be the most
promising vehicle for substantial investor recoveries, and will aggressively push forward to
prosecute these cases to conclusion. As noted above, we have been somewhat stymied in our
efforts by a number of impediments, including the pending criminal case and our inability to
access certain necessary documents and potential witnesses that we believe will ultimately
prove to be helpful. We remain cautiously optimistic that some or all of these lawsuits will
result in significant recoveries to investors. We are also actively investigating possible claims
against other banks and financial institutions.
The Dual Receiverships ~ As you all know, the courts in Dallas, Texas and Antigua each
appointed a separate receiver to collect and distribute Stanford's assets to creditors and
investors. The two receivers have been locked in litigation around the world, at great cost and
expense to you, {o determine which receiver should control the proceedings and the limited
assets available for distribution. We believe this to be tremendously wasteful and
unproductive, We have been communicating regularly with both receivers, and believe
strongly that the two receiverships need to be consolidated and coordinated to avoid the
enormous costs of these duplicative efforts by the receivers and their professionals, Several
weeks ago, the receivers jointly sought court approval in Dallas for a “resolution” of their
disputes, which would have had the effect merely of perpetuating the dual receivership
structure, We do not believe that this structure or the proposed resolution is in the best
interests of investors, and we filed a formal objection with the Court. Thereafter, a court in
Antigua determined to oust Nigel Hamilton-Smith and Peter Wastell from their positions as
liquidators, and their firm, Vantis, itself entered into administration proceedings. Hamilton
‘Smith and Wastell remain the Antiguan liquidators pending further court proceedings and
appeals, but they have resigned from Vantis. At this time, it is impossible to determine how
this issue will be resolved by the courts We will keep you advised of any new developments,
and will continue to take appropriate steps to advance your interests,MORGENSTERN & BLUE, Lc Paiviteceo & ConriDeNTiAt
The Criminal Case ~ The judge presiding over the criminal cases against Allen Stanford and
certain of his colleagues has agreed to “bifurcate” the cases of Stanford and the other
defendants, meaning that Stanford will be tried first, and separate from the other defendants.
His trial is scheduled to begin in January, and the Judge has made it clear that this trial will
not be adjourned. We expect that the criminal trial will be quite interesting and informative,
and believe that much of the information that is revealed at that trial will help us in pursuit of
our various cases on your behalf.
Political Efforts and SIPC Coverage ~ As many of you know, I have been working closely
with Angela Shaw and the Stanford Vietims Coalition on political efforts aimed at helping all
Stanford investors. We have together made more than a dozen trips to Washington, D.C. to
meet with officials of the SEC, State Department, Department of Justice, members of
Congress, Senators and other officials on a variety of issues relating to the Stanford cases,
including: (i) SIPC coverage; (ii) the SEC Inspector General’s investigation and report; (iii)
tax issues; (iv) issues relating to the role of the Antiguan and Venezuelan governments, and
other concerns. It appears that the Senate Foreign Relations Committee will hold a hearing in
the early fall to investigate and consider the international aspects of the case, and to consider
the resolution we drafted calling for the termination of aid to Antigua until it honors its
obligations to Stanford victims, We believe that the hearing could be very effective in
increasing the pressure on the Antiguan government.
On the SIPC front, during a visit to Washington, D.C. last week, we met with
Congressman John Culberson from Texas, and with the general counsel and other
representatives of the SEC, At Congressman Culberson’s request, a House of Representatives
subcommittee voted last Thursday in favor of providing coverage to Stanford victims under
the complex SIPA statute, While this change was conceptually agreed to by the subcommittee
‘members, full passage of the bill will require many additional steps, including approval by the
full appropriations committee, a separate Senate committee, and then by the entire House and
the Senate and the President. The specific language of the amended statute, who will be
covered, and the scope of the coverage, will undoubtedly be issues that will require
considerable additional discussion and effort. While the events of last week were certainly
promising, this was only a step forward on the SIPA coverage issue. We will keep you
advised of all further developments.
Other Claims and Actions — We are continuing to investigate and analyze the viability of
additional potential legal claims and causes of action to recover funds for your benefit. We do
believe that there are promising leads and we will continue our hard work on your behalf.
Please feel free to contact us with any questions or comments at any time. As you can
imagine, our top priority is to devote our time and resources to prosecuting these claims to
recover your lost investments. We recognize, however, that you need (and are entitled) to be
advised of the progress of our efforts, and we will do our best to balance these responsibilities
as we move forward.
Peter D. Morgenstern
MORGENSTERN & BLUE, tic