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

Deetken Impact Expands Climate Finance Leadership as Canada Joins Inclusive Climate Action Fund27.11.2025 11:07:00 EET | Press release

Deetken Impact, a Canadian impact investment firm, is proud to partner with the Government of Canada and announce their CAD$106 million commitment in the new Inclusive Climate Action Fund (ICAF), a USD$300 million blended finance vehicle that will mobilize capital for climate finance initiatives across Latin America and the Caribbean (LAC). Announced at the 30th United Nations Climate Change Conference (COP30) in Belém, Brazil by the Honourable Julie Dabrusin, Canada’s Minister of Environment and Climate Change, ICAF will meaningfully contribute to sustainable and climate-resilient economies in LAC through the strategic provision of capital and technical assistance to companies and projects that drive climate mitigation and adaptation in key sectors such as clean energy, sustainable agriculture and agroforestry, and green finance. ICAF aims to achieve ambitious impacts including reducing, avoiding, or sequestering more than 5 million tCO2 and expanding access to climate solutions for 1

Infobip Unveils 2026 Trends Poised to Transform Customer Engagement and Digital Ecosystems27.11.2025 11:00:00 EET | Press release

Global cloud communications platform Infobip today announces its predictions for 2026, spotlighting transformative trends set to redefine how businesses engage customers and operate across sectors. Central to these shifts are the mainstream adoption of AI-powered agents, the expansion of super apps as integrated ecosystems, and the rise of privacy-first AI models enabling scalable, compliant automation. “2026 will be a breakthrough year as generative AI and omnichannel communication converge to redefine customer engagement and digital ecosystems,”said Silvio Kutić, CEO at Infobip. “Retail and eCommerce sectors are already leading the way with hyper-personalized experiences, while healthcare and finance are rapidly adopting AI-driven solutions to enhance patient care and security. Crucially, the future of customer service lies in a human-in-the-loop approach—where AI-powered automation works hand-in-hand with human expertise to deliver both efficiency and empathy. ” AI Agents will handl

Lenovo Leads the Circular IT Shift with a New Chapter to Extend Lifecycles for Aging Tech27.11.2025 10:27:00 EET | Press release

Lenovo today introduced Lenovo Certified Refurbishment Services, a new addition to its IT sustainability and lifecycle solutions portfolio, available in EMEA. The service gives organizations the ability to refurbish their existing Lenovo devices, restoring useful life and enabling redeployment to deliver cost savings, maximize IT budgets and reduce e-waste. Most businesses still follow a binary model for their device lifecycle and refresh strategies: extend the warranty or buy new. However, Lenovo’s Certified Refurbishment Services introduce a powerful third option, refurbishing existing Lenovo devices to be reused or repurposed internally, to avoid premature retirements, balance IT refresh programs and help maximize investment. With IT budgets under pressure and sustainability goals rising to the top of corporate agendas, businesses across Europe are seeking smarter ways to extend device value while reducing environmental impact. Lenovo’s new Certified Refurbishment Services fulfill t

Stefanini Group Announces Major 2026 Investment and Expansion in France During Brazil-France Forum27.11.2025 10:00:00 EET | Press release

Stefanini Group, a global tech consulting company with expertise in digital transformation and artificial intelligence solutions, today announces a significant, multi-faceted commitment to the French market. The company plans a major investment and strategic expansion throughout 2026. The announcement is timed to the participation of Marco Stefanini, Founder and Global CEO of Stefanini Group, in the technology panel at the LIDE Brazil–France Forum, scheduled in Paris for November 26–27, 2025. “France is a crucial hub for the next wave of global digital transformation. Our increased investment here reinforces our AI-First methodology for French enterprises, leveraging cutting-edge technology to accelerate their digital journey and drive a new era of efficiency and innovation,” said Marco Stefanini. The company is aiming to substantially strengthen its presence in France through a dual approach: AI-driven organic growth and targeted acquisition. The CEO's visit will culminate with a priv

Hytera Introduces Smart PoC Radios P50E and P60 at PMRExpo 202527.11.2025 10:00:00 EET | Press release

Hytera, a leading global provider of critical communications technologies and solutions, has officially launched its latest smart Push-to-Talk over Cellular (PoC) radios – the P50E and the P60 – at PMRExpo 2025. This launch marks a significant expansion of Hytera’s PoC portfolio, delivering the company’s most robust and comprehensive range of devices to date, offering a wide spectrum of options to meet the growing demand for PoC solutions across all sectors throughout Europe. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20251126296378/en/ Hytera unveiled new PoC radios P50E & P60 at PMRExpo 2025. Stay Smart and Safe with the P50E Featuring a compact 0.96-inch screen and a keyboard-free design, the P50E embodies the design philosophy of the P5 Series – Where Reliability Meets Simplicity. With the addition of the P50E, the P5 Series – which also includes the P50 and the P50 Pro – now provides users greater flexibility to align

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