Chapter 15 Petition of a Foreign Main Proceeding in Brazil by Orlando Geraldo Pampado, as the Foreign Representative of Tonon Bioenergia S.A., Tonon Holding S.A., both of Brazil, and Tonon Luxembourg S.A., of Luxembourg, which are all part of the Tonon Group, which "operated three industrial ethanol plants in the States of São Paulo and Mato Grosso do Sul" and whose "corporate purpose comprised the manufacture, commercialization and export of sugar and ethanol, the cultivation of sugar cane, as well as the generation of electric power", filed at the U.S. Bankruptcy Court for the Southern District of Florida.
Chapter 15 Petition for Recognition of a Foreign Main Proceeding in England and Wales by Kevin Hellard, Robert Starkins, and Nick Nicholson, as the Foreign Representatives of Anatoly Leonidovich Motylev, a citizen of Russia who, in his bankruptcy, "disclosed an interest" in companies in several jurisdictions, including Belize, British Virgin Islands, Cayman Islands, Cyprus, Liechtenstein, Luxembourg, Seychelles, and Turkey, filed at the U.S. Bankruptcy Court for the Southern District of Florida.
Novalpina Capital Partners I GP Sàrl v. Treo Asset Management LLC et al: Discovery Application (Luxembourg)
Application by Novalpina Capital Partners I GP Sàrl, of Luxembourg, to take discovery from Treo Asset Management LLC, formerly known as BRG Asset Management LLC; Finbarr O'Connor, Gavin Farrell, and Jeffrey Dunn for use in legal proceedings in Luxembourg, filed at the U.S. District Court for the Southern District of New York.
Application by Novalpina Capital Partners I Gp Sàrl, of Luxembourg, to take discovery from Tobias Read and Michael Langdon for use in legal proceedings in Luxembourg, filed at the U.S. District Court for the District of Oregon.
Chapter 15 Petition for Recognition of a Foreign Main Proceeding in Brazil by Antonio Reinaldo Rabelo Filho, as the Foreign Representative of Americanas S.A., of Brazil; B2W Digital Lux S.à.r.l., and JSM Global S.à.r.l., both of Luxembourg, collectively described as being part of a group that is "one of the largest retail chains in Brazil", filed at the U.S. Bankruptcy Court for the Southern District of New York.
Complaint alleging breach of contract in Celsius Network Limited, of England, described as "a crypto-based financial platform" v. Fabric Ventures Group Sàrl, of Luxembourg, described as "a venture-capital firm that contractually committed to purchase Series B preferred shares of CNL", at the U.S. Bankruptcy Court for the Southern District of New York.
Kazakhstan v. The Clearing House Payments Company LLC: Discovery Application (‘Anatolie Stati et al’, Belgium, Luxembourg & Netherlands)
Application by the Republic of Kazakhstan to take discovery from The Clearing House Payments Company LLC regarding "(1) ongoing criminal proceedings against Moldovan oligarch Anatolie Stati, his son Gabriel Stati, and their companies Ascom Group S.A. and Terra Raf Trans Traiding Ltd. in Luxembourg; (2) ongoing civil proceedings in the Netherlands between the Statis and Petitioner; and (3) ongoing and anticipated proceedings against the Statis in the courts of Belgium and other jurisdictions" regarding "a series of complex, multi-faceted fraud schemes, including money laundering schemes, engineered by the Statis", filed at the U.S. District Court for the Southern District of New York.
Hume Street Management Consultants Ltd. v. Sheikh Hamad bin Khalifa et al: Complaint (‘Unjust Enrichment by Qatari Royals’)
Complaint alleging "an effort by the Qatari Royals, including the former authoritarian ruler of Qatar, Sheikh Hamad bin Khalifa, to cheat Plaintiff out of tens of millions in fees for work on a Qatari-owned hotel in California, the Maybourne Beverly Hills" in Hume Street Management Consultants Limited, of Ireland v. Sheikh Hamad bin Khalifa bin Hamad bin Abdullah bin Jassim bin Mohammed Al Thani, Sheikh Hamad bin Jassim bin Jaber bin Mohammed bin Thani Al Thani, Sheikha Lulwah bint Hamad bin Khalifa al-Thani, Dilmon Services (U.K.) Limited, of England; Maybourne Hotels Limited, of England; Beverly Hills Acquisition LLC, Beverly Hills Mezzanine LLC, Coroin Beverly Hills Properties Inc., Coroin Beverly Hills Holdings Limited, of England; Coroin Limited, of England, and Regis Investment SA, of Luxembourg, at the Superior Court of the State of California, County of Los Angeles.
Black Gold Investment Holdings Inc. et al v. Erin Winczura et al: Amended Complaint (‘$6M Investment Fraud’)
Amended Complaint alleging investment fraud in Black Gold Investment Holdings Inc., of the British Virgin Islands; HCS Investment Holdings Ltd., of Calgary, Canada, and Semper Luxembourg Holding, of Luxembourg v. Erin Winczura, Canterbury Securities Ltd., Canterbury Group, and Leeward Investments SPC, all of the Cayman Islands, at the Grand Court of the Cayman Islands.
Class Action Complaint in Emmanuel Kei, individually and on behalf of other stockholders of BTRS Holdings Inc. v. Flint A. Lane, Charles B. Bernicker, Robert F. Farrell, Matt Harris, Clare Hart, Lawrence Irving, Juli Spottiswood, EQT Fund Management Sàrl, of Luxembourg; EQT X EER SCSp, of Luxembourg; EQT X USD SCSp, of Luxembourg; Bullseye FinCo Inc., Bullseye Merger Sub Inc., Bain Capital Venture Investors LLC, and BTRS Holdings Inc. at the Court of Chancery of the State of Delaware.
Loudmila Bourlakova et al v. Anthony Raftopol et al: Complaint (‘Russian billionaire Oleg Bourlakov Fraud’)
Complaint that "arises out of the machinations of now deceased Russian billionaire Oleg Bourlakov, his sister Vera Kazakova along with her husband Nikolai Kazakov, and their various co-conspirators and Defendants to unlawfully and fraudulently misappropriate assets and real property" in Loudmila Bourlakova, of Monaco; Elena Bourlakova, of Monaco, and Veronica Bourlakova, of Canada v. Anthony Virgil Raftopol, of Florida, USA; Gerd Schneider, of Luxembourg; Anahill Stiftung, of Panama; Fundacion Cantucci, of Panama; Wlamil Foundation, of Panama; Hemaren Stiftung, of Panama; Mentor Admin LLC, of Delaware; Pasel Corporation, of Delaware; Prora Admin LLC, of Delaware; Ratio Admin LLC, of Delaware; Veronica S.A. SPF, of Luxembourg, and Pasel Anstalt, of Liechtenstein, at the U.S. District Court for the Southern District of Florida.
Dailane Investments Ltd. et al v. HIG Capital LLC et al: Discovery Application (‘Luxembourg Proceedings’)
Application by Dailane Investments Limited, of Cyprus, and Michael Maillis to take discovery from H.I.G. Capital LLC, Sami Mnaymneh, and Anthony Tamer for use in legal proceedings in Luxembourg "against H.I.G. Luxembourg Holdings 47 S.à r.l., a Luxembourg entity owned and controlled by respondent H.I.G. Capital, L.L.C., a global private equity firm headquartered in Miami, Florida" regarding "the sale of companies within the Maillis Group, a leading packaging conglomerate", filed at the U.S. District Court for the Southern District of Florida.
Chapter 15 Petition for Recognition of a Foreign Main Proceeding in Luxembourg by Philippe Thiebaud, as the Foreign Representative of Historic & Trophy Buildings Fund FCP-SIF, filed at the U.S. Bankruptcy Court for the Southern District of New York.
Complaint by entities in Canada, Cayman Islands, Denmark, England, Ireland, Luxembourg, Netherlands, New Zealand, Switzerland, and USA alleging they were victims of a "Sham Transaction" in SSD Investments Ltd. et al v. Wilmington Savings Fund Society FSB et al at the Supreme Court of the State of New York, County of New York.
Reasons for Decision dismissing application by Coficap SA to remove and replace the Joint Official Liquidators in Avendis Global Fund Ltd., Avendis Enhanced Fixed Income Trading Ltd., and Avendis Global Strategies Trading Ltd. v. Coficap SA at the Grand Court of the Cayman Islands.
Complaint v. Skye Investment Fund SPC, formerly Sixth Continent Inc., of the Cayman Islands, at the U.S. District Court Court for the District of Columbia.
Chapter 15 Petition for Recognition of Foreign Main Proceedings in the British Virgin Islands and Cayman Islands by Angela Barkhouse, Helen Janes, and Carl Jackson, as the Foreign Representatives of Brazen Sky Limited, Aabar Investments PJS Limited, Tanore Finance Corporation, Blackstone Asia Real Estate Partners Limited, Vasco Investment Services SA, Selune Limited, Pacific Rim Global Growth Limited, and Affinity Equity International Partners Limited, and Angela Barkhouse and George Kimberley Leck, as the Foreign Representatives of Bridge Global Absolute Return Fund SPC, which were all "part of the fraud perpetrated against 1 Malaysia Development Berhad, a sovereign wealth fund owned by the Malaysian Ministry of Finance, in which numerous entities and individuals formed a network to divert and distribute funds to the fraudsters who orchestrated the fraud and to individuals and/or entities connected to them", filed at the U.S. Bankruptcy Court for the Southern District of Florida.
Chapter 11 Petition by a "specialty pharmaceutical" group comprising entities in Bermuda, Canada, Cyprus, England, India, Ireland, Luxembourg, and USA, namely Par Pharmaceutical, Inc, Actient Pharmaceuticals LLC, Maple Avenue, LLC, Endo International Plc, Anchen Incorporated, Generics International (US), Inc., Anchen Pharmaceuticals, Inc., DAVA Pharmaceuticals, LL, Endo Par Innovation Company, LLC, Generics Bidco I, LLC, Innoteq, Inc., JHP Acquisition, LLC, JHP Group Holdings, LLC, Kali Laboratories, LLC, Moores Mill Properties LLC, Par Pharmaceutical Companies, Inc., Par Pharmaceutical Holdings, Inc., Par Sterile Products, LLC, Par, LLC, Quartz Specialty Pharmaceuticals, LLC, Vintage Pharmaceuticals, LLC, Actient Therapeutics LLC, Astora Women's Health Ireland Limited, Astora Women's Health, LLC, Auxilium International Holdings, LLC, Auxilium Pharmaceuticals, LLC, Auxilium US Holdings, LLC, Bermuda Acquisition Management Limited, BioSpecifics Technologies LLC, Branded Operations Holdings, Inc., DAVA International, LLC, Endo Aesthetics LLC, Endo Bermuda Finance Limited, Endo Designated Activity Company, Endo Eurofin Unlimited Company, Endo Finance IV Unlimited Company, Endo Finance LLC, Endo Finance Operations LLC, Endo Finco Inc., Endo Generics Holdings, Inc., Endo Global Aesthetics Limited, Endo Global Biologics Limited, Endo Global Development Limited, Endo Global Finance LLC, Endo Global Ventures, Endo Health Solutions Inc., Endo Innovation Valera, LLC, Endo Ireland Finance II Limited, Endo LLC, Endo Luxembourg Finance Company I S.à r.l., Endo Luxembourg Holding Company S.à r.l., Endo Luxembourg International Financing S.à r.l., Endo Management Limited, Endo Pharmaceuticals Finance LLC, Endo Pharmaceuticals Inc., Endo Pharmaceuticals Solutions Inc., Endo Pharmaceuticals Valera Inc., Endo Procurement Operations Limited, Endo TopFin Limited, Endo U.S. Inc., Endo US Holdings Luxembourg I S.à r.l., Endo Ventures Aesthetics Limited, Endo Ventures Bermuda Limited, Endo Ventures Cyprus Limited, Endo Ventures Limited, Generics International (US) 2, Inc., Generics International Ventures Enterprises LLC, Hawk Acquisition Ireland Limited, Kali Laboratories 2, Inc., Luxembourg Endo Specialty Pharmaceuticals Holding I S.à r.l., Paladin Labs Canadian Holding Inc., Paladin Labs Inc., Par Laboratories Europe, Ltd., Par Pharmaceutical 2, Inc., Slate Pharmaceuticals, LLC, and Timm Medical Holdings, LLC, at the U.S. Bankruptcy Court for the Southern District of New York.
Application by N.P.S.SF. Debt Co. Sàrl, of Luxembourg, to take discovery from Standard Chartered Bank, Citigroup, d.b.a. Citibank; The Bank of New York Mellon Corporation, Bank of America N.A., JPMorgan Chase Bank N.A., Deutsche Bank AG, Deutsche Bank Trust Company Americas, HSBC Bank, Société Générale, UniCredit Bank AG, Credit Suisse Bank N.A., UBS Group AG, Wells Fargo Bank N.A., The Clearing House Payments Company L.L.C., Bank of China, BNP Paribas USA, Commerzbank AG, Mashreq Bank PSC, and Habib American Bank for use in legal proceedings in Germany, India, Marshall Islands, Pakistan, Saints Kitts and Nevis, and United Arab Emirates, filed at the U.S. District Court for the Southern District of New York.
Complaint alleging securities fraud in Orbis Global Equity LE Fund, of Australia; Orbis Global Equity Fund, of Australia; Orbis Global Balanced Fund, of Australia; Orbis SICAV, of Luxembourg; Orbis Institutional Global Equity L.P., of Delaware; Orbis Global Equity Fund Limited, of Bermuda; Orbis Institutional Funds Limited, of Bermuda; Allan Gray Australia Balanced Fund, of Australia; Orbis OEIC, of England and Wales, and Orbis Institutional U.S. Equity L.P., of Delaware v. Alta Mesa Resources, Inc., James T. Hackett, Thomas J. Walker, William Gutermuth, Jeffrey H. Tepper, Diana J. Walters, Stephen Coats, Harlan H. Chappelle, Michael E. Ellis, Ronald Smith, David M. Leuschen, Pierre F. Lapeyre, Jr., William W. McMullen, Don Dimitrievich, Donald Sinclair, Riverstone Holdings LLC, Bayou City Energy Management, LLC, HPS Investment Partners, LLC, and ARM Energy Holdings LLC at the U.S. District Court for the Southern District of Texas.
Public Notice by the Luxembourg CSSF that it has imposed a fine of €15,000 on FAB CBO 2003-I B.V., of the Netherlands, for failure to file its 2021 annual report "within the required time limit".
Public Notice by the Luxembourg CSSF that it has imposed a fine of €42,400 on Generali Investments Luxembourg SA, described as an "investment fund manager", for regulatory breaches.
G.I. Globalinvestment Ltd. et al v. VP Fund Solutions (Luxembourg) SA et al: Judgment (Jurisdiction Challenge)
Judgment dismissing a jurisdiction challenge by VP Fund Solutions' entities in Luxembourg and Liechtenstein in a case in which "some wealthy Italian investors seek to recover losses which they suffered when investments they had made into a fund, which I shall call the Skew Base Fund, plummeted in value at the outset of the COVID pandemic" in G.I. Globalinvestment Ltd., Matteo Cordero di Montezemolo, and Luca Cordero di Montezemolo v. VP Fund Solutions (Luxembourg) SA and VP Fund Solutions (Liechtenstein) AG, as Defendants/Applicants, and XY ERS UK Limited, Skew Base Investments SCA RAIF, Skew Base Sàrl, Twinkle Capital SA, Daniele Migani, Federico Faleschini, Leader Logic Holding AG, and Leader Logic AG, as Defendants, at the High Court of Justice for England and Wales.
Application by Banoka Sàrl, of Luxembourg; Renato Picciotto, Jacques Champy, and Jean Bissonnet to take discovery from Alvarez & Marsal Inc., Alvarez & Marsal Transaction Advisory Group, LLC, Alvarez & Marsal Holdings, LLC, Elliott Management Corporation, Elliott Investment Management L.P., Elliott Associates, L.P., and Elliott International L.P. for use in "a contemplated foreign proceeding against non-party Westmont International Development, Inc. to be commenced in the English High Court of Justice" alleging "a multi-million dollar fraud that Westmont perpetrated against Petitioners in connection with Westmont's failed acquisition of Petitioners' shares in Clichy Victor Hugo, a French limited liability company that operated a Holiday Inn branded hotel in Paris, France", filed at the U.S. District Court for the Southern District of New York.
Swiss asset manager Marc-André Pépin removes directors who accused him of fraud, withdraws winding up petition
One day after being accused of fraud by independent directors of his Cayman Islands mutual fund, Swiss asset manager Marc-André Pépin removed them and then withdrew their winding up petition, OffshoreAlert can reveal.
Luxembourg “minority shareholder” seeks to “annul” €1.2B sale of Italy’s AC Milan soccer club to RedBird Capital
A Luxembourg minority shareholder in Italian soccer club AC Milan intends to file a lawsuit alleging fraud to "annul the improper sale of the club" for €1.2 billion to New York-based private investment firm RedBird Capital Partners, according to a discovery application filed at federal court in Manhattan.
Blue Skye Financial Partners Sàrl v. RedBird Capital Partners et al: Discovery Application (‘Fraudulent €1.2B Sale of AC Milan’)
Application by Blue Skye Financial Partners Sàrl, of Luxembourg, described as "an indirect minority shareholder" of "Italian professional soccer club" AC Milan, to take discovery from RedBird Capital Partners and Elliott Management Corporation for use in legal proceedings in Luxembourg to, inter alia, "annul the improper sale of the club" due to "fraud", filed at the U.S. District Court for the Southern District of New York.
Administrative Order by the U.S. Securities and Exchange Commission imposing a fine of $25 million on Tenaris S.A., described as "a global manufacturer and supplier of steel pipe products and related services, headquartered in Luxembourg", for "violations of the anti-bribery, books and records, and internal accounting controls provisions of the Foreign Corrupt Practices Act of 1977 by Tenaris, as a result of a bribe scheme involving agents and employees of its Brazilian subsidiary to obtain and retain business from a Brazil state-owned entity Petróleo Brasileiro S.A.".
Public Notice by the Luxembourg CSSF that it has imposed a fine of €108,900 on Natixis Wealth Management Luxembourg for "severe infringements" of regulatory requirements.
Public Notice by the Luxembourg CSSF that it has imposed a reprimand on European Depositary Bank S.A. "following the violation by the Bank of the CSSF's temporary prohibition of 5 March 2021 on the onboarding of new investment fund structures due to severe deficiencies in its organisation and governance".
Public Notice by the Luxembourg CSSF that it has imposed a fine of €18,750 on Atos Luxembourg PSF S.A. "for defaults of prudential obligations related to administrative and accounting organisation".
Pennsylvania Department of Revenue v. Churchill Middle Market Senior Loan Fund II-European Co-Inv: Lien Registration ($70,864)
Certified Copy of Lien in Pennsylvania Department of Revenue v. Churchill Middle Market Senior Loan Fund II-European Co-Inv, of Luxembourg, at the Pennsylvania Court of Common Pleas, Cumberland County.
Complaint alleging breach of contract "regarding €500,000,000 5.250% Senior Notes due 2024" in UMB Bank N.A., of Kansas City, Missouri v. Intralot Capital Luxembourg S.A., of Luxembourg; Intralot S.A., of Greece; Intralot Global Holdings B.V., of the Netherlands; Intralot, Inc., of Georgia, USA; Intralot US Securities B.V., of the Netherlands; Intralot U.S. Holdings B.V., of the Netherlands, and The Law Debenture Trust Corporation PLC, of England and Wales, at the U. S. District Court for the Southern District of New York.
Generally Indorsed Writ of Summons in SiriusPoint Limited, of Bermuda v. Allied World Assurance Company (Europe) DAC, of Ireland; SI Insurance (Europe) SA, of Luxembourg; Endurance Worldwide Insurance Limited, of England; All Members of Lloyd's Syndicate No. 9375, All Members of Lloyd's Syndicate No. 457, Great Lakes Insurance SE, of Germany; All Members of Lloyd's Syndicate No. Act 19 9554, All Members of Liberty Syndicate No. 4472, All Members of Syndicates Comprising Consortium No. 9562 at Lloyd's, known as Barbican Financial & Professional Lines; All Members of Pembroke Syndicate No. 4000, XL Specialty Insurance Company, of Canada, All Members of Lloyd's Syndicate No. HDU 382, Starr Underwriting Agents Limited, of England; All Members of Lloyd's Syndicate No. Act 9418, and Canopius Managing Agents Limited, of England, at Bermuda Supreme Court.
In a winding-up petition, Swiss investment manager Marc-André Pépin has been accused of "fraudulent misconduct and mismanagement" by Cayman Islands-domiciled SPI Investment Fund SPC, whose investors' funds have allegedly ended up in questionable arrangements with entities operated by Prudent Group, Dennis Klemming, and Jacob Gitman, all of Miami, Florida.
"Demand Letter" from Florida attorney Daniel DeSouza requesting the removal from OffshoreAlert's website of lawsuits against or which mention his client, Dennis Klemming, a Swedish citizen residing in Miami Beach, Florida, who is chairman of Prudent Group which, according to its website, "currently manages fund vehicles and separate mandates for institutional clients in Luxembourg, Cayman Islands, and Delaware domiciles".
Petition to Compel Arbitration involving legal proceedings in Luxembourg in Winsor Holdings LLC and Hannes Smarason v. Grand Eternity Limited, of the British Virgin Islands, at the U. S. District Court for the District of Massachusetts.
Public Notice by the Luxembourg CSSF that it has imposed a fine of €261,000 on Franklin Templeton International Services Sàrl for regulatory breaches.