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
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.
View source version on businesswire.com: https://www.businesswire.com/news/home/20191129005198/en/
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
Andersen Consulting Adds Collaborating Firm Stratis Consulting in Ireland25.3.2026 15:30:00 EET | Press release
Andersen Consulting enters into a Collaboration Agreement with Stratis Consulting, a Dublin-based firm specializing in strategic employment relations, people strategy, and workplace policy. Founded in 2017, Stratis Consulting is an advisory firm recognized for its deep expertise in employment relations and leadership strategy. The firm works closely with senior executives, boards, and HR leaders as a trusted advisor to design practical, people-centered solutions that improve engagement, strengthen leadership effectiveness, and align workforce strategy with long-term business objectives. Stratis Consulting supports organizations navigating M&A activities and major changes in the company to ensure effective practice and implementation of workforce strategies. “At Stratis, we believe that people strategy enabled by successful employment relations is business strategy,” said Brendan McGinty, managing partner of Stratis Consulting. “Our goal is to help organizations recognize the value of s
ECU Worldwide Unveils XLERATE 2.0 Expansion to Bypass Asia–Europe Supply Chain Disruptions25.3.2026 15:30:00 EET | Press release
ECU Worldwide, Allcargo Globals’ wholly-owned global subsidiary, has announced a strategic expansion of its transformative logistics solution, XLERATE 2.0, to provide a high-speed and resilient alternative to Asia-to-Europe trade lanes facing transit disruptions. Under this alternative routing, cargo is transported across the Pacific to the US West Coast, using Los Angeles (LAX) as a temporary hub. The solution leverages XLERATE 2.0’s premium, time-definite ocean services, ensuring greater transit agility and continuity. XLERATE 2.0 offers two distinct shipping solutions from China and Vietnam, providing shippers with flexibility as traditional trade arteries remain impacted by shifts in global logistics. These changes have led to reduced overall capacity and the disruption of standard sea–air services via conventional transit points. Commenting on the rollout, Simon Bajada, Regional CEO, Europe, ECU Worldwide, said “With the expansion of XLERATE 2.0, we are offering our customers a de
Incyte Announces Executive Leadership Appointments25.3.2026 15:00:00 EET | Press release
Incyte (NASDAQ:INCY) today announced appointments among its executive leadership team to support the Company’s strategic focus and long-term growth plans. Pablo J. Cagnoni, M.D., has been appointed President, Incyte and Global Head of Research and Development. In this role, Dr. Cagnoni will retain responsibility for Research and Development, while also supporting enterprise-wide strategic planning and operational execution. Under Dr. Cagnoni’s scientific leadership, Incyte’s R&D progress has been notable, including advancing our mutCALR antibody, povorcitinib, CDK2, KRASG12D and TGFßR2xPD1 programs. Dr. Cagnoni has also continued to strengthen the way Incyte conducts R&D, introducing a new structure, processes and new technologies to improve productivity and keep Incyte competitive. Steven Stein, M.D., has been appointed Executive Vice President, Chief Medical Officer and Head of Late-stage Development. In this role, Dr. Stein will continue to oversee Incyte’s extensive and growing lat
OCP Announces Date of Fourth Quarter and Full Year 2025 Earnings25.3.2026 14:30:00 EET | Press release
OCP S.A. (“OCP” or the “Company”), a global leader in the fertilizer industry, will release its fourth quarter and full year 2025 results on Wednesday, April 1, 2026. The results will be available to holders of the Company’s bonds, qualified institutional buyers, securities analysts, and market makers on the OCP Intralinks portal from 9:00 a.m. EST, 2:00 p.m. Morocco and London time (GMT+1). OCP senior management will host a conference call to discuss fourth quarter and full year 2025 results at 10:00 a.m. EST, 3:00 p.m. Morocco andLondon time (GMT+1),on Wednesday, April 1, 2026, for holders of the Company’s bonds, qualified institutional buyers, securities analysts, and market makers. Eligible parties that have not already registered for access to the Intralinks portal may do so by contacting the Investor Relations Department by emailing g.laraki@ocpgroup.ma. About OCP OCP is a global leader in the fertilizer industry, backed by almost a century’s production history. OCP has exclusive
SLB Industrializes AI for the Energy Industry with NVIDIA25.3.2026 14:00:00 EET | Press release
Global energy technology company SLB (NYSE: SLB) today announced an expansion of its technology collaboration with NVIDIA to design and deploy critical AI infrastructure and models for the energy industry. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260324731936/en/ SLB’s technology center in Louisiana: a 3.1 million square-foot facility dedicated to manufacturing for its modular data center business. The work focuses on three strategic elements: Modular design for data centers: SLB will serve as the modular design partner for NVIDIA DSX AI factories. This modular approach, where components are manufactured offsite, will drive increased quality and reliability while also reducing costs, labor constraints and lead times. It also enables rapid and flexible scaling, which allows customers to expand data center capacity quickly as demand grows. AI Factory for Energy: SLB will work with NVIDIA to develop an “AI Factory for Ene
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
