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
The Estée Lauder Companies and University of Leeds Partner to Advance the Future of Complexion Shade Matching14.8.2026 16:00:00 EEST | Press release
The Estée Lauder Companies Inc. (NYSE: EL) today announced a research collaboration with the School of Design, University of Leeds, United Kingdom, and Dr. Kaida Xiao, a world-renowned leader in color science and visual perception. Despite significant advances in beauty innovation, finding the right foundation or concealer shade remains one of the most common consumer frustrations. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260814256032/en/ Foundation shades are evaluated as part of color science research. By combining advanced color science with research into how consumers perceive their own skin, this partnership aims to strengthen the development of luxury and prestige complexion-enhancing products with more precise shade matching and improved formulas. The findings could help establish new scientific benchmarks for evaluating foundation, concealer and other complexion products to deliver more natural-looking results
ZPG Reaches Agreement to Sell Hometrack to Providence Equity Partners14.8.2026 12:00:00 EEST | Press release
ZPG today announced an agreement with Providence Equity Partners for the sale of Hometrack. Under ZPG’s ownership, Hometrack has grown into a leading provider of residential real estate digital valuation and property risk data & analytics in the UK and Netherlands. The transaction marks a natural evolution for ZPG as the group focuses on its distinct businesses, each performing strongly and well positioned for the opportunities ahead: Zoopla, a leading UK property and homeowner data platform; Alto, the UK’s foremost workflow platform for real estate agents; RVU, a leading distribution and home management platform built on iconic UK household brands, including Uswitch and Confused.com; and Tempcover, a market-leading temporary insurance provider. ZPG and its shareholders remain excited about the outlook for each of these businesses. Charlie Bryant, Chief Executive Officer of Hometrack, said: “ZPG and its shareholders have been outstanding partners, their support has been integral to bui
Paysafe Becomes Envision Racing Title Partner to Build the Future of Fan Engagement; Where Motorsport, Gaming and Payments Become One14.8.2026 10:59:00 EEST | Press release
Paysafe (NYSE: PSFE), a leading payments platform, today announced a title partnership with Envision Racing, one of Formula E's most successful and innovative teams, heralding a new era as Paysafe Envision Racing. Together, the two companies will power the future of connected fan experiences, uniting world-class motorsport, gaming and digital payments into the most engaging, rewarding and sustainable fan ecosystem in sport. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260814738341/en/ A new era begins in Formula E as Envision Racing becomes Paysafe Envision Racing. The partnership is built on a simple idea: fans shouldn't have to choose between watching the action and being a part of it. From the grid to gaming, esports arenas to exclusive rewards, Paysafe and Envision Racing will create one connected journey where every interaction brings fans closer to the team and unlocks something new. Formula E is one of the fastest-g
CFO Worx Named No. 448 on the 2026 Inc. 5000 List, the Most Prestigious Ranking of America’s Fastest-Growing Private Companies13.8.2026 23:21:00 EEST | Press release
CFO Worx today announced it has been ranked No. 448 on the 2026 Inc. 5000 list, the annual list of the fastest-growing private companies in America. The list is the most prestigious ranking of the nation’s most successful independent and entrepreneurial businesses, recognizing companies that have achieved remarkable growth while driving innovation, creating jobs, and shaping the future of the economy. Past honorees include companies such as Microsoft, Meta, Chobani, Oracle, and Patagonia. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260813927944/en/ Brian Alvarez, CEO of CFO Worx "Earning a place on the list comes down to the trust our clients place in us and is a testament to the caliber of the team behind every engagement," said Brian Alvarez, CEO of CFO Worx. This year’s Inc. 5000 recognizes a new class of companies redefining what growth looks like. From AI and advanced manufacturing to healthcare, consumer products, a
BTG Pactual TIG and Conservation International Reach 20,000 Hectares of Cerrado Under Restoration, Accelerating Latin American Reforestation Strategy, Increasing Biodiversity and Social Impacts13.8.2026 18:47:00 EEST | Press release
BTG Pactual Timberland Investment Group (BTG Pactual TIG) and Conservation International today announced that native ecosystem restoration is now underway across more than 20,000 hectares of Brazil's Cerrado biome, marking a significant acceleration of the firms' Latin American reforestation strategy. According to data recorded by the Brazilian Restoration and Reforestation Observatory, an independent platform that tracks and maps native vegetation recovery, this further cements the strategy’s position as the largest ever restoration effort in the region. Conservation International serves as Impact Adviser for social and environmental outcomes. The strategy focuses on conserving, restoring and reforesting degraded landscapes across Latin America, including Brazil's Cerrado, one of the world’s most biodiverse and fastest disappearing seasonally dry ecosystems. More than half of the Cerrado has already been cleared for cattle ranching and farming. The strategy targets degraded cattle pas
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
