Portus investors sue law firms, PwC for fees
(Bloomberg) ? Portus Alternative Asset Management Inc. investors sued two Toronto law firms and accounting firm PricewaterhouseCoopers LLP, demanding the return of fees they received from the bankrupt Canadian hedge fund.
Portus probably paid Blake, Cassels & Graydon, McMillan Binch Mendelsohn and PricewaterhouseCoopers between C$1 million ($888,570) and C$3 million, lawyer Joel Vale said last week in an interview. Vale is representing Garry Hurst, the lead plaintiff in the proposed class actions in Ontario Superior Court.
The law firms should?ve known ?that at the same time they were receiving legal fees from Portus from 2003, those payments of legal fees improperly came from Portus funds which were trust monies,? the complaint against McMillan Binch said. Portus, founded in 2002 by Boaz Manor and Michael Mendelson, became one of Canada?s fastest-growing hedge funds, with about 26,000 customers who invested C$800 million. The Ontario Securities Commission sued Portus over questionable transactions in March 2005, about a year before the company was placed in bankruptcy. Trustee KPMG LLP is still trying to find as much as $18 million missing from Portus?s accounts.
Keith Cassidy, executive director at McMillan Binch, declined to comment. Blake, Cassels officials and Jennifer Gery, an outside spokeswoman for New York-based PricewaterhouseCoopers, didn?t respond to requests for comment.
McMillan Binch helped prepare Portus?s promotional literature and contracts, and Blake, Cassels was the hedge fund?s lead counsel and oversaw its structure, the complaints say. Companies referred clients to Portus in exchange for fees, which the OSC said totalled about C$90 million, or 12 percent of the capital invested in the hedge fund.
Manulife, Canada?s biggest insurer, refunded its clients? investments and is now Portus?s biggest creditor.
Vale earlier sued Berkshire Securities Inc. to recover fees paid by Portus. Ontario Superior Court Judge Alexandra Hoy certified the suit as a class action September 12 and approved a settlement under which Berkshire agreed to pay C$600,000 to the investors and C$300,000 to their lawyers.
Among the missing assets sought by KPMG are $8.8 million in diamonds that Manor arranged to buy in Hong Kong last year. Manor, who fled to Israel after the fund collapsed, was ordered by a court in that country to return the diamonds or face jail.
Manor claims private banker Yitzhak Toib has the diamonds and sued him in Israel to recover them, KPMG lawyer James Grout said at a hearing in Toronto last week. The Israeli judge hearing the case disqualified himself for having ruled against Toib in the past and KPMG is waiting for a hearing to be scheduled before another judge, Grout said.
