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 Expands Digital Transformation Offering with Aesys26.2.2026 16:30:00 EET | Press release
Andersen Consulting announces a Collaboration Agreement with Italian-based firm Aesys, strengthening its capabilities in technology and systems integration. Founded in 2013, Aesys is a digital technology and systems integration firm delivering end-to-end IT solutions. The firm combines expertise in software development, cloud computing, machine learning, and cybersecurity with a strong track record in banking and automotive systems integration, helping organizations accelerate digital transformation and strengthen technology infrastructure. “Through this collaboration, we can bring even greater value to clients by combining our deep expertise in systems integration with Andersen Consulting’s global platform,” said Samuel Roberto, international business manager of Aesys. “Together, we will help organizations strengthen their technology foundations, adopt innovative solutions in areas such as machine learning and cybersecurity, and achieve sustainable digital transformation.” “This agree
New Lenovo Service Delivers Always-On Infrastructure: Premier Support Plus for Servers Powered by Proactive, AI-Driven Support26.2.2026 16:00:00 EET | Press release
Lenovo today announced the availability of Lenovo Premier Support Plus for Servers, a new premium support offering designed to help enterprises reduce downtime, simplify IT operations, and keep mission-critical infrastructure always ready. Built for today’s always-on environments, Premier Support Plus combines AI-driven proactive and predictive support, preventative maintenance, 24/7 access to Lenovo experts, and designated Service Engagement Managers to help organizations move from reactive issue resolution to proactive system care. As digital operations continue to expand and infrastructure environments grow more complex, IT teams are under increasing pressure to maintain uptime while managing limited resources. Traditional, reactive support models can lead to extended outages, repeated issues, and unpredictable costs. Lenovo Premier Support Plus for Servers addresses these challenges by identifying potential issues early and resolving them before they impact business operations. “Wi
Sitetracker Closes 2025 with Strong Momentum, Product Expansion, and a Clear Path into 202626.2.2026 16:00:00 EET | Press release
Sitetracker, the global leader in complete Asset Lifecycle Management for critical infrastructure, today announced strong year-end results for 2025, marked by continued customer growth, expansion into new infrastructure markets, and major product innovations across operations, maintenance, and financial management. As infrastructure owners and operators face growing pressure to scale without adding headcount, Sitetracker enters 2026 positioned to help customers operate smarter, move faster, and unlock greater productivity. 2025 Highlights In 2025, Sitetracker delivered another year of growth and execution across its global customer base: Customer growth and market expansion: Sitetracker now serves more than 400 customers globally, supporting organizations across digital infrastructure, renewables, EV charging, utilities, and emerging infrastructure markets including data centers. Enhanced Operations & Maintenance capabilities: Sitetracker now connects field operations and work order ma
Proxima Fusion, RWE, the Free State of Bavaria and Max Planck Institute for Plasma Physics Sign Agreement to Build the World’s First Commercial Fusion Power Plant in Europe26.2.2026 15:15:00 EET | Press release
Proxima Fusion, Europe’s fastest-growing fusion energy company, has signed an agreement with the Free State of Bavaria, RWE, and Max Planck Institute for Plasma Physics (IPP) to put the world’s first commercial stellarator fusion power plant on the grid in Europe. Roadmap to a commercial fusion power plant begins with Alpha The Memorandum of Understanding (MoU) outlines a roadmap to commercial fusion in Europe that begins with building demonstration stellarator Alpha near the Max Planck Institute for Plasma Physics (IPP) in Garching. When operational in the 2030s, Alpha will become the first stellarator to demonstrate net energy gain, meaning its plasma will generate more energy than it consumes. The demonstration stellarator will additionally allow Proxima and its partners to test and validate key fusion technologies under real-world conditions and in shorter development cycles, accelerating the path to building the first stellarator fusion power plant, Stellaris. Site secured for Ste
NTT DATA and Ericsson Team Up to Scale Private 5G and Physical AI for Enterprises26.2.2026 15:00:00 EET | Press release
NTT DATA, a global leader in AI, digital business and technology services, and Ericsson (NASDAQ: ERIC) today announced a multi-year strategic partnership to accelerate enterprise adoption of private 5G and unlock advanced edge AI and physical AI use cases. As organizations look to embed intelligence at the edge across global operations, the partnership will enable AI-driven, outcome-focused transformation. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260226356511/en/ NTT DATA x Ericsson By combining Ericsson’s Private 5G and Edge platforms with NTT DATA’s full-stack enterprise network services, wireless network expertise, IT/OT security and managed services, the companies will deliver industry-ready solutions that help enterprises deploy private 5G networks and deliver business outcomes at a global scale with confidence. The partnership will focus on four priority areas: Global Private 5G managed services at scale: NTT DAT
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
