Business Wire

Boies Schiller Flexner LLP Files Amended Rico Complaint on Behalf of Kingstown Capital Against Radovan Vitek and Others

Share

U.S.-based hedge fund Kingstown Capital Management, L.P., Investhold Ltd., and their affiliates filed a First Amended Complaint against Czech real estate mogul Radovan Vitek and others, including several new defendants. The amended complaint, filed November 22 in the U.S. District Court for the Southern District of New York, cites new facts that came to light in a report by Luxembourg’s financial regulator, among other things.

The new defendants include Martin Nemecek, the CEO of defendant CPI PG and a long-time employee of Radovan Vitek; Rothschild & Co., a financial advisor to Orco Property Group, which the plaintiffs recently learned was simultaneously working for Vitek and Jean-Francois Ott in connection with their plans to take control of Orco; and several additional companies and their beneficial owners who secretly worked with Vitek to acquire control of Orco, with funding providing by J&T Banka and J&T Finance Group.

Many of the new allegations in the amended complaint come from a previously non-public 2017 report of the Luxembourg financial regulator known as the Commission de Surveillance du Secteur Financier (“CSSF”). In this report, the CSSF made detailed findings of wrongdoing by Vitek and others, including that:

  • Vitek and Ott violated at least three European and Luxembourg laws: the Takeover Bids Act (which requires any person or entity that acquires control of more than 33.33% of a company must offer to purchase all other outstanding shares), the Transparency Law (which requires anyone acquiring in excess of 5% to make a disclosure), and the Market Abuse Law (which makes it illegal to engage in insider dealing and market manipulation).
  • Rothschild & Co. was engaged by Orco Property Group to help examine strategic ways to raise financing and later to sell company assets. At the time the board of Orco Property Group selected Rothschild to be its adviser, Vitek, Ott and Rothschild failed to disclose the fact that Rothschild was already working for Vitek and Ott, helping them secretly acquire shares of Orco Property Group through shell companies, and attending secret meetings with Vitek and Ott in advance of board meetings. (Amended Complaint, Paragraphs 92-93, 105, 121, 237-243, 277, 279, 332)
  • J&T Banka gave tens of millions of Euros in financing to an entity owned by Lumir Safranek, a close personal friend of Vitek’s attorney, from the Czech Republic. Safranek is a registered private investigator with no apparent experience in investing in real estate. Nevertheless, J&T Banka provided him tens of millions of Euros in financing while never assigning him a client relationship manager. J&T Banka advised the CSSF it has no documents regarding Safranek’s introduction to the bank. As Plaintiffs observe in their amended complaint, “These are not the hallmarks of a legitimate banking relationship,” (Amended Complaint, Paragraphs 284-289, 449).
  • J&T Banka had close ties to new defendants Egnaro Investments Limited, LCE Company Limited, and Levos Limited—Cypriot shell companies that all used to be owned by J&T Finance Group and that the CSSF found worked in concert with Vitek to take control of Orco and ultimately acquire it at a substantial discount from its fair value. Each of these entities acquired less than 2.5% equity in Orco in an effort to avoid having to disclose their ownership stake, which helped conceal Vitek’s control of Orco from Kingstown Capital. (Amended Complaint, Paragraphs 169-170, 446-447).

In addition to these new allegations, the amended complaint also contains additional information on Vitek’s contacts with the United States, including his use of and ownership of U.S. entities to perpetrate his fraud against the plaintiffs. The amended complaint alleges that Elypse Holding LLC, Mandragora Holding LLC, Axiom Holding LLC, and Justsay Holding LLC each listed Vitek as a named member, were all incorporated in Washington, D.C., and each had a registered agent located in Washington, D.C. (Amended Complaint, Paragraphs 67-72).

This contradicts Vitek’s declaration, signed under penalty of perjury and filed with the U.S. court, in which he claimed he had never done business in the United States. (See Kingstown Capital Management, L.P. v. Vitek, Case No. 19-cv-03170, Document No. 74: “I do not currently, nor have I ever, conducted any business activities in New York or anywhere in the United States.”).

Matthew L. Schwartz, a partner at Boies Schiller Flexner who represents the plaintiffs, said:

“The previously confidential report by Luxembourg’s financial regulator is a scathing indictment of Vitek and confirms his involvement in a pattern of illegal activity, which is further documented extensively throughout the amended complaint. The amended complaint contains a comprehensive picture of the defendants’ conduct, which directly injured Kingstown Capital and Investhold. While the defendants will surely make procedural arguments to try to avoid a hearing on the merits where they will have to answer some very hard questions, we look forward to presenting our evidence to a jury.”

###

To view this piece of content from cts.businesswire.com, please give your consent at the top of this page.

Contact information

Edward Evans
Director of Communications
BOIES SCHILLER FLEXNER LLP
212-446-2354
eevans@bsfllp.com
www.bsfllp.com

About Business Wire

For more than 50 years, Business Wire has been the global leader in press release distribution and regulatory disclosure.

Subscribe to releases from Business Wire

Subscribe to all the latest releases from Business Wire by registering your e-mail address below. You can unsubscribe at any time.

Latest releases from Business Wire

AI Takes Out the Trash: Largest U.S. Recycling Project to Extend Landfill Life for Virginia Residents21.11.2025 14:30:00 EET | Press release

The Southeastern Public Service Authority of Virginia (“SPSA”), the regional waste authority for South Hampton Roads, has signed a 20-year contract with Commonwealth Sortation LLC, an affiliate of AMP Robotics Corporation (together, “AMP”), to provide solid waste processing services for SPSA’s eight member communities and their 1.2 million residents. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20251120330758/en/ Building on a nearly two-year pilot project in Portsmouth—which featured an AMP ONE™ system capable of processing up to 150 tons of locally sourced municipal solid waste (“MSW”) per day—AMP will now scale its technology region-wide. Under this long-term partnership, which will facilitate the largest recycling project in the country, AMP will deploy additional MSW sortation lines and an organics management system capable of processing 540,000 tons annually to divert half of the waste SPSA brings to AMP facilities. AM

RSA Recognized for the Second Consecutive Year in the 2025 Gartner® Magic Quadrant™ for Access Management21.11.2025 14:00:00 EET | Press release

RSA, the security-first identity leader, today announced that RSA® ID Plus has been recognized for the second year in a row in the Gartner® Magic Quadrant™ for Access Management. “The RSA Access Management strategy has never been about being everything to everyone,” said Greg Nelson, RSA CEO. “We specialize in protecting organizations where risk tolerance is at its lowest and security requirements are at their highest. Our focus is intentional: providing security-first access management that supports compliance, ensures resilience, and delivers confidence at scale.” “RSA specializes in the workforce access management use cases where security, compliance, and operational resilience are non-negotiables,” said Jim Taylor, RSA President, Chief Product and Strategy Officer. “Our product development strategy will continue to emphasize the key qualities that highly regulated industries prioritize, including user experience, strong support for workforce management, and intelligent posture mana

NIQ and Amazon Marketing Cloud (AMC) Collaborate to Measure Reach and Impact of Cross-Platform Ad Campaigns in Italy21.11.2025 10:00:00 EET | Press release

NIQ and Amazon Marketing Cloud (AMC) have announced a new collaboration to study the effectiveness of cross-platform advertising across linear TV and Amazon Ads inventory in Italy. Through the collaboration advertisers and agencies will gain actionable insights into the relative performance of ad placements across digital, linear TV and streaming environments, including how each contributes to incremental reach and influences product purchases on Amazon’s ecommerce platforms. The insights are made possible by using high-quality data from Sinottica®—a well-established single-source consumer panel in Italy owned by NIQ—with data from Amazon Marketing Cloud. Specifically, the research will leverage Sinottica’s linear TV data alongside several Amazon inventory sources, including Amazon DSP, Sponsored Ads (Products, Brands, Display), and Streaming TV (Prime Video, Twitch, Fire TV). This approach will enable a deeper understanding of how ad exposure across digital and TV channels translates

Ahead of Holiday Season, Visa Identifies Five Transformative Forces Reshaping Global Payment Security20.11.2025 20:50:00 EET | Press release

To celebrate International Fraud Awareness Week, Visa (NYSE: V) today released its Fall 2025 Biannual Threats Report, revealing five forces that are transforming the global payments security landscape. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20251120412198/en/ The report, produced by Visa's Payment Ecosystem Risk and Control (PERC) team, draws on intelligence from Visa's global network to identify how criminal operations are evolving with unprecedented speed, scale, and sophistication. "The payments ecosystem is experiencing a paradigm shift in how fraud operates," said Paul Fabara, Chief Risk and Client Services Officer at Visa. "Criminals are no longer working as opportunistic individuals-- they're operating like tech startups, building reusable infrastructure and deploying systematic, industrial-scale operations that challenge conventional defenses. Understanding these evolving forces is critical for the entire ecosy

Suzano Forms Partnership with Tencent and Ecofuturo Institute at COP30 for AI-Powered Conservation and Nature Education20.11.2025 19:25:00 EET | Press release

The world’s largest pulp supplier, Suzano, today announces the signing of a Memorandum of Understanding (MoU) with the multinational technology business Tencent and the Brazilian non-profit Ecofuturo Institute, to pioneer new digital approaches to drive public engagement in conservation. The collaboration will leverage Suzano’s expertise in sustainable forestry, Tencent’s cutting-edge digital technology, and Ecofuturo’s expertise in environmental education, to pilot joint initiatives in both Brazil and China. These include enhancing ecological awareness, accelerating biodiversity solutions, and leveraging digital platforms to foster public engagement in conservation. The partnership will result in a pilot project where advanced AI tools for species recognition developed by Tencent’s Sustainable Social Value organization will be used to identify and monitor native species at Neblinas Park and other conservation areas managed by Ecofuturo. Further initiatives include the development of i

In our pressroom you can read all our latest releases, find our press contacts, images, documents and other relevant information about us.

Visit our pressroom
World GlobeA line styled icon from Orion Icon Library.HiddenA line styled icon from Orion Icon Library.Eye