Defendants in today?s US Bankruptcy Court action in New York also include Refco Group Holdings, a company Bennett controlled that is unaffiliated with the other Refco entities, and Santo Maggio, former CEO of Refco Capital Markets Ltd. and Refco Securities LLC.

Refco Vienna claimed Bennett, Maggio and the Refco companies forced it to transfer $5.2 million into an account at Refco Group Holdings five days before they announced Bennett hid $430 million in debt and Refco?s financial statements couldn?t be relied upon.

?Bennett, Maggio, and the Refco entities wrongfully and intentionally concealed the facts,? Nicholas Kajon, a lawyer representing Refco Vienna, said in the complaint.

Refco and 23 affiliates filed the 15th-biggest bankruptcy in US history on October 17, a week after disclosing that Bennett concealed the debt. Bennett pleaded not guilty to federal fraud charges in November and is awaiting trial.

Refco spokesman James Craig and Gary Naftalis, a lawyer representing Bennett, didn?t immediately return calls seeking comment.

Maggio ?induced Refco Vienna to transfer the funds? to Refco Capital Markets on October 5, according to the lawsuit. Days later, Refco Vienna discovered the money was actually deposited with Bennett?s Refco Group Holdings.

On October 10, Refco issued a press release disclosing the $430 million in hidden debt and problems with its financial statements from 2002 through 2005.

?Bennett and the Refco entities knew that if Refco Vienna had been aware of any of the key facts set forth in the October 10, 2005 press release, Refco Vienna would not have transferred the funds,? Kajon said.