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[The Stanford Series] “The investors ought not have to pay for the receiver’s PR firm”

Ralph Janvey, the court-appointed receiver administering the affairs of the Stanford group of companies, is not a popular man.

The SEC has hotly protested his requests to recoup millions of dollars in fees and expenses for his work (and that of his army of lawyers and forensic accountants) unravelling the structure and accounts of the Stanford companies.

Past and present holders of those so-called certificates of deposit – the high-yielding accounts at the centre of an alleged $7bn Ponzi scheme – issued by Stanford International Bank in Antigua have been less than impressed with Mr Janvey’s attempts to claw back both principal and interest.

(The SEC is none too pleased with those claw-back attempts, either. The regulator has asked Janvey to drop his lawsuits against some 600 investors; the SEC also wants any fees related to that effort dropped from the fee-request filings.)

Sir Allen Stanford and his fellow accused – Laura Pendergest-Holt and James Davis – have been demanding for months that the receiver unfreeze some of their assets (or rescind his claim to their Directors & Operators insurance policies) so they can pay their lawyers. Both Sir Allen and Ms Pendergest-Holt have pleaded not guilty to all the charges against them; Mr Davis, the former CFO, entered a guilty plea as part of an agreement with prosecutors.

Now, John Little — appointed by the court to be an examiner and investor advocate — has weighed in on Mr Janvey, saying in court documents filed on Sunday that the receiver’s latest fee application “(like his first one) is alarming”. Emphasis FT Alphaville’s:
Six months after his appointment, the Receiver concedes that his efforts to recover assets on behalf of defrauded investors have turned up little more than “a few million here and a few million there.”

Despite the scant likelihood of any significant recovery for the investors, the Receiver has incurred fees and expenses in excess of $27 million during the first three and one-half months of his service, and he is maintaining (and projects that he will continue to maintain) an average “burn rate” or approximately $1.1 million (or more) in fees and expenses each week.

At this rate of consumption, simple math suggests the substantial possibility that the whole of the Receivership Estate could end up, not in the hands of the victimized investors, but in the pockets of the Receiver and the firms he has retained

The language is scathing throughout (see for instance “The Receiver Request Reimbursement for Work and Expenses of Questionable Necessity” and “What Benefit is Ernst & Young Providing to the Estate?”), but being navel-gazing media types we were especially drawn to Part X: The Investors Ought Not Have to Pay for the Receiver’s PR Firm.

Which includes insights that suggest Mr Janvey and his team take a rather old-school approach (read: expensive) to media monitoring:

…the Receiver needs a PR firm to prepare what are essentially press clipping “scrapbooks” on an almost daily basis. The invoices from Pierpoint Communications include a large number of entries relating to the preparation of “Daily Media Coverage Reports” containing “all media coverage (including top tier, local, regional, trade, and blogs) from the day.”

These “Media Coverage Reports” apparently include any and all media reports relating to the Reciver or Stanford (presumably gathered on-line).

To make matters worse (and more expensive), these Media Coverage Reports are not forwarded to the Receiver and his team on-line or electronically; rather they are “printed, bound, tabbed, and assembled” in hard copy (typically, seven copies are made) for distribution.

Mr Little suggests that while Mr Janvey “may be keenly interested in what the media is saying about Stanford and the Receivership, and may even want to fill a book shelf with his “Daily Media Reports”", he finds no benefit to the Stanford estate or to investors from these efforts, and argues the associated fees ought not be approved.

Mr Janvey had not, as of publication, filed a response.

Article Series - The Stanford Series

  1. As Stanford allegations fly, the SEC investigates...
  2. US MARSHALS SEEN ENTERING HOUSTON OFFICE OF STANFORD FINANCIAL GROUP - REUTERS EYEWITNESS
  3. Arise, Sir Allen...lest we assume the worst
  4. Sir Allen's Antigua, or the curious case of Stanford International Bank
  5. ROBERT STANFORD ACCUSED OF `MASSIVE FRAUD' BY SEC
  6. The fractal Stanford
  7. The full SEC complaint against Stanford
  8. Stanford scandal in pictures
  9. It's just not cricket
  10. Have you seen this bank?
  11. Where in the world is Sir Allen?
  12. What does the 'F' stand for in FINRA?
  13. Stanford's mysterious billions
  14. Stanford's AIM foray
  15. A Freudian slip?
  16. Sir Allen Stanford, you've been served
  17. But which passport will he surrender?
  18. SIB and Stanford Trust Company Limited put into receivership
  19. Eastern Caribbean Central Bank "takes control" of the Bank of Antigua
  20. The Stanford campaign donations: pay 'em back, not forward
  21. Clients of Allen, by the numbers
  22. This land is our land, Antigua government to say
  23. Antigua government moves closer to seizing Stanford properties
  24. From "investment fraud" to "massive Ponzi scheme"
  25. New details on alleged "massive Ponzi scheme"
  26. Stanford's US employees join the jobless queue
  27. Irony du jour
  28. Invested with Sir Allen? The FBI wants you (to contact them)
  29. Stanford pleading the fifth
  30. IRS says Sir Allen owes $200m in back taxes
  31. Ralph Janvey to Stanford employees: BYOB
  32. Laura Pendergest-Holt agrees to extend indictment deadline
  33. Vantis reports "significant shortfall of assets" at Stanford International Bank
  34. Sir Allen speaks
  35. Stanford victims unite!
  36. Frozen-out Stanford investors petition Congress
  37. Antiguan financial services providers launch PR offensive
  38. The SEC has strong words for Sir Allen Stanford
  39. When it came to Sir Allen Stanford, many warnings went unheeded
  40. Sir Allen's cowboy lawyer
  41. Authorities still failing to get along
  42. Laura Pendergest-Holt to face more charges, Fox Business says
  43. The DEA connection
  44. Avast, ye salty Stanford lawfirm website
  45. Judge rules Sir Allen Stanford must stay in jail pending trial
  46. Stanford CFO James Davis "intends to plead guilty", laywer says
  47. Sir Allen's request to unfreeze funds for legal fees denied
  48. The Tripoli-St John's Nexus
  49. "Fraud victims" want $24bn from the government of Antigua and Barbuda
  50. Sir Allen discovers there's no air conditioning in jail
  51. James Davis pleads guilty to charges related to that $7bn Ponzi
  52. Big Brother's blood oaths
  53. "The investors ought not have to pay for the receiver's PR firm"
  54. Sir Allen's Bellagio problem
  55. Stanford's Bellagio debt, redux
  56. A public defender rides to Sir Allen's rescue
  57. Allen Stanford, puppetmaster: By Freddie Flintoff
  58. Jail proving a big headache for Sir Allen [UPDATED]
  59. Arise Allen Stanford, un-knighted...
  60. Ponzi victims, unite!
  61. Strategies to cope with the SEC
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