Business Wire

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

29.11.2019 15:28:00 EET | Business Wire | Press release

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

High-end Aesthetic Brand ‘Lorient’ Gains Global Prestige at IMCAS 20261.2.2026 09:00:00 EET | Press release

Lorient, a premium aesthetic brand, announced that it has drawn global attention at the 27th IMCAS World Congress 2026 in Paris, attracting over 15,000 professionals and demonstrating its leadership in aesthetic innovation. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260131322203/en/ Lorient’s low degree of modification delivers a smooth injection experience and high biocompatibility (Image: Lorient) The highlight was a session led by Dr. Jani van Loghem, a globally revered key opinion leader known for establishing international aesthetic safety protocols. His involvement provided a prestigious validation of the technical excellence of Lorient. Alongside him, prominent Korean medical experts Dr. Won Lee and Dr. Do Young Rhee shared clinical insights that drew widespread praise from the international medical community. Central to the academic discussions was Lorient’s "safety-first" philosophy for its premium HA filler ran

Sharjah Ruler Receives Portugal’s Grand Collar of Order of Camões31.1.2026 19:27:00 EET | Press release

His Excellency Marcelo Rebelo de Sousa, President of the Portuguese Republic, awarded His Highness Sheikh Dr Sultan bin Mohammed Al Qasimi, Supreme Council Member and Ruler of Sharjah, the Grand Collar of the Order of Camões (Grande Colar da Ordem de Camões), the highest sovereign cultural order in Portugal. His Highness is the first Arab figure to receive the Order of Camões and the sixth recipient worldwide. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260131119526/en/ Sharjah Ruler receives Portugal’s Grand Collar of Order of Camões (Photo: AETOSWire) The honour was conferred during a ceremony hosted by the Portuguese President at the Presidential Palace in Lisbon. The event was attended by Sheikha Bodour bint Sultan Al Qasimi, Chairperson of the Sharjah Book Authority, alongside senior officials. The ceremony recognised His Highness’s prominent global stature, as a leading figure in culture, intellectual thought and in

Incyte Announces Positive CHMP Opinion for Zynyz ® (retifanlimab) for First-Line Treatment of Advanced Squamous Cell Carcinoma of the Anal Canal (SCAC)30.1.2026 16:29:00 EET | Press release

Incyte (Nasdaq:INCY) today announced that the Committee for Medicinal Products for Human Use (CHMP) of the European Medicines Agency (EMA) has issued a positive opinion recommending the approval of Zynyz® (retifanlimab) in combination with carboplatin and paclitaxel (platinum-based chemotherapy) for the first-line treatment of adult patients with metastatic or with inoperable locally recurrent squamous cell carcinoma of the anal canal (SCAC). “Today’s positive CHMP opinion is an important step towards addressing the urgent need for new treatment options for patients in Europe with advanced SCAC, a disease which has seen limited innovation for decades,” said Lee Heeson, Executive Vice President and Head of Incyte International. “If approved, Zynyz in combination with platinum-based chemotherapy has the potential to become a new standard-of-care for patients living with this rare and difficult-to-treat cancer.” The positive CHMP opinion was based on data from the Phase 3 POD1UM-303/Inter

Mediawan to Acquire The North Road Company, Creating a New Global Independent Content Platform30.1.2026 14:32:00 EET | Press release

Mediawan, the leading independent European studio led by Pierre-Antoine Capton, co-founded by Capton, Xavier Niel and Matthieu Pigasse, today announced the signing of an agreement to acquire The North Road Company (“North Road”), the preeminent independent U.S.-based studio founded by Peter Chernin. The combination creates one of the world’s largest independent studios with major creative hubs in the five continents and capabilities spanning all genres, formats and audiences. Together, Mediawan and North Road will have a stronger ability to accelerate the development of powerful IP, foster fresh creative synergies through format adaptations and co-production opportunities, and deliver ever greater value to viewers, talent and partners worldwide. The acquisition brings together two of the most dynamic independent studios in the sector with world-class creative talent, premium IP, and the scale to deliver content at the highest level. In an industry undergoing significant consolidation,

BrightSign Powers Intelligent Signage Experiences at ISE 202630.1.2026 10:00:00 EET | Press release

With more industries embracing the power of visual storytelling, BrightSign, the provider of the most advanced, capable, and trusted digital media players and operating system, will showcase the latest developments in digital signage technology at ISE 2026 in Barcelona, Spain from February 3-6, 2026. BrightSign’s latest innovations come to life at booth #4S-150 through interactive real-world demos featuring retail, QSR, transportation, and corporate use cases. Visitors can test new AI-powered object detection capabilities of BrightSign players, allowing them to pick up an object and see the content on the screen respond immediately. Booth activations will be powered by BrightSign’s reliable platform including bsn.Control, BrightSignOS™, brightAuthor connected, and its global partner ecosystem. “In today’s immersive, personalized and visual world, the stakes have never been higher for powerful, secure, reliable, and intelligent digital signage,” said Steve Durkee, chief executive office

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