Boies Schiller Flexner LLP Files Amended Rico Complaint on Behalf of Kingstown Capital Against Radovan Vitek and Others
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
Stronghold’s SHx Token Lists on Uphold27.11.2025 17:00:00 EET | Press release
Stronghold announced that its SHx token is now available for retail users to trade on Uphold, the global multi-asset digital money platform known for its transparency, regulatory alignment, and seamless support for assets across both the Stellar and Ethereum networks. The listing marks a major milestone for SHx, expanding access for users and businesses who rely on Stronghold’s token for payments, settlements, and governance participation. "Uphold is one of the only platforms that provides seamless support for both Stellar and Ethereum-based tokens, making it a perfect fit for SHx as we grow our multi-chain ecosystem. This listing was championed by our community, and we’re thrilled to deliver on a request that so many SHx holders have been asking for." — Tammy Camp, CEO & Co-Founder, Stronghold SHx is Stronghold’s native utility token, powering interoperable payments, DeFi-based financing, and community governance. With over 215,000 global community members and thousands of merchants o
Wipro to Power Odido’s Digital Future Through AI-enabled End-to-End IT Modernization27.11.2025 15:22:00 EET | Press release
Wipro Limited (NYSE: WIT, BSE: 507685, NSE: WIPRO), a leading AI-powered technology services and consulting company, today announced a multi-year engagement with Odido Netherlands B.V.* to transform its IT landscape and enhance customer experience across their enterprise and consumer segments. By combining AI and deep consulting expertise, Wipro will help Odido improve customer engagement and satisfaction, improve productivity, and streamline operations to reduce costs. A key highlight of this multi-year engagement is the use of a self-funded model, where productivity-driven savings are reinvested to continuously fund new digital initiatives, ensuring that innovation remains both sustainable and scalable. As part of the engagement, Wipro will lead a full-scale modernization of Odido’s digital and enterprise technology landscape as well as drive IT simplification and automation. This transformation will be powered by Wipro’s WEGA and WINGS AI delivery platforms, part of Wipro Intelligen
Klarna Set to Take off With Lufthansa Group, Bringing Flexible Payments to Travellers Across Europe and the U.S.27.11.2025 15:00:00 EET | Press release
Klarna, the global digital bank and flexible payments provider, today announces a new multi-market partnership with Lufthansa Group, Europe’s leading airline group. The new agreement is facilitated by Klarna’s integration with Adyen, the financial technology platform of choice for leading businesses. From November, Lufthansa Group customers will be able to choose Klarna’s flexible payment options at checkout when booking travel experiences. This new integration gives travellers greater control and convenience by offering the choice to pay in full, pay later, or spread the cost of their journey over time. The new options will be available first to customers in Austria, Belgium, Denmark, Finland, Germany, the Netherlands, Norway, Sweden, Switzerland, and the United States. “Travel is one of the most meaningful investments people make,” said David Sykes, Chief Commercial Officer at Klarna. “Together, we’re giving travellers the confidence to book their trips their way—with more flexibilit
GE HealthCare announces CE Mark for new digital 4D SPECT/CT system, StarGuide GX27.11.2025 13:06:00 EET | Press release
GE HealthCare today announced CE Mark for its new StarGuide™ GX system,i a new digital 4D SPECT/CT designed with excellent precision, clinical efficiency and impressive versatility. This milestone marks a significant moment in molecular imaging’s evolution, helping empower clinicians to expand research and help personalize care across a growing range of nuclear medicine applications and tracers – including the acquisition of alpha emitters. StarGuide GX comes at a pivotal time for the field of nuclear medicine. As complex diseases such as cancer, Alzheimer’s and cardiovascular disease become increasingly prevalent, the demand for precision diagnostics and targeted therapies is accelerating. StarGuide GX helps meet this need head-on, enabling clinicians to break free from energy-range limitations and image tracers with exceptional clarity. With growing demand for digital SPECT/CT – partially driven by the rise of theranostics – GE HealthCare’s innovation arrives as departments seek all-
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
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
