Removefiannafail

end corruption,stroke politics, & incompetent administration

The strange cases of "Limited appreciation and "mental retardation" in the genes of two multi-millionaire families..

It was a complex corporate set-up that involved senior executives in the Quinn Group, companies in four jurisdictions and professional tax advice from a top accountancy firm.

But the family of businessman Sean Quinn claim they had ‘‘limited appreciation’’ of the structures created in their names to bet on shares in Anglo Irish Bank or the

 billions of euro in borrowings to fund the deals. On that basis, they say, Anglo had no right to seize control of the Quinn Group as it seeks repayment of over

 €2.3 billion.

In a statement of claim, the wife and five children of Sean Quinn give their version of events leading up to the group being put into receivership in April.

The family are suing Anglo and the receiver, Kieran Wallace of KPMG, seeking a declaration that the charges the bank used to seize the group are

 ‘‘invalid, unenforceable, and of no legal effect’’.

They also want a declaration that personal guarantees they gave over almost €500 million in loans from Anglo to six companies set up in Cyprus in their names are

 similarly invalid. Arguing that Anglo lent the money for the ‘‘illegal purpose’’ of propping up the bank’s share price, the Quinns are also claiming damages for

 negligence and breach of duty by Anglo and damages for ‘‘intentional and/or negligent infliction of economic damage’’.

At stake in the case, which is due to be heard early next year, are billions of euro and the control of the Quinn Group. If the Quinn family win, Anglo - now owned by

 the taxpayer - will lose any leverage it has in seeking repayment of the money. If the family lose, they face demands for repayment and the prospect of losing

 everything.

The bet begins

It was September 2005 when Sean Quinn decided to invest in publicly-quoted firms, including Anglo, using contracts for difference (CFDs).These financial instruments

 allow investors to bet on the price of shares without owning the shares - but if the bet goes the wrong way, the investor has to cover the difference.

Senior executives in the Quinn Group ‘‘understood the need to maximise tax efficiencies in connection with these investments’’ and brought in

 PricewaterhouseCoopers to provide tax advice.


The outcome was the establishment of a company in Madeira, BazzelyV Consultadoria Economica E Participacoes, Sociedade Unipessoal LDA, or Bazzely for short.

PWC advised that, in order ‘‘to achieve maximum tax efficiencies’’, the company should be owned by the five Quinn children, Ciara, Colette, Brenda, Aoife and Sean

 junior. But while they owned Bazzely, they claim they were ‘‘unaware of the details of the investments being made and took no part in the decision-making process

 or in the actual making of investments’’.

Indeed, although they owned one of the biggest and most complex businesses in the country, none of the Quinn children knew how to go about buying shares ‘‘on the

 stock market or otherwise’’, the legal document says.

‘‘More particularly, none of the plaintiffs were familiar with, or were advised on, the mechanisms use for purchasing positions by the use of CFDs."

In October 2005, Bazzely did its first deals, using CFDs to take positions in Anglo, AIB, Bank of Ireland, Ryanair, Paddy Power and Tullow Oil. 

It also invested in international firms, buying into Royal Bank of Scotland, BP, chemicals firm BASF, financial services firm BBVA, Deutsche Telecom, Nestlé, and

 pharma firm Sanofi Aventis. By early 2006, Bazzely was doing CFD deals through four brokers - Davy stockbrokers, Bear Stearns, IG Index and Credit Suisse - and

 using any profits it made to fund more CFD investments. 

But by late 2006, the firm started disposing of its non-Anglo stakes and using the profits ‘‘to support the continued funding of the overall Anglo CFD position’’.


Quinn was clearly impressed by what he saw at Anglo, which had grown dramatically. In Quinn Group, which was also experiencing sharp growth, he had ready

 access to hundreds of mill ions of euro in funds.

The losses mount

From October 2005 to September 2007, the money for the CFD investments came through loans from companies in the Quinn Group and companies owned by the

 Quinn children. By the second half of 2007, however, Anglo’s share price was in decline and Bazzely was facing regular demands to fund the loss-making CFD

 positions.

Up until then, Quinn’s stake-building was still a secret, unknown even to Anglo’s management. But at a meeting at the Ardboyne Hotel in Navan around September


 11, 2007, Quinn and Quinn Group boss Liam McCaffrey revealed to Anglo chief executive David Drumm and chairman Sean FitzPatrick that he owned 24 per cent of

 the bank through CFDs.


In fact, the Quinn children, through Bazzely, owned the Anglo stake, although they claim they knew nothing about it. But the relationship between Quinn and Anglo

 was about to get more complex and, by the Quinn family’s own admission, the circle of people who knew what was going on widened to include executives in Quinn

 Group, Quinn Insurance and Anglo.

From September 2007 onwards, Bazzely ‘‘had limited access to funding’’ and, through necessity, the relationship with Anglo deepened. The Quinn children claim that

 Anglo took ‘‘effective control and management’’ of the CFD position from then on, ‘‘for the dominant and/or sole purpose of supporting and maintaining its own share

 price’’.

In practice, that meant that the group finance director of Quinn Group had regular dealings with Anglo executives to establish how much was needed to fund the loss

-making CFDs. New Anglo loans of hundreds of millions of euro were negotiated to cover the shortfalls, with the money being advanced to Quinn family companies

 under the guise of property lending.

From late 2007, a dedicated individual at Quinn Insurance was giving instructions to Anglo on behalf of Bazzely. While the Quinn family argue that Anglo managed the

 relationship and kept it secret, it is clear from their legal document that it was also in the interests of Sean Quinn to keep the dealings under wraps.

In early December 2007, Sean Quinn and Drumm had a phone conversation in which they discussed ‘‘the difficulties facing the Quinn Group, given the continued fall in

 the Anglo share price and the ongoing demand to meet margin calls on CFDs’’. Quinn indicated to Drumm that €400 million was needed to resolve the issue.

The new loan would be used to repay loans from Quinn Group companies that were used to buy CFDs, and to pay margin calls.

The move would ensure that the 2007 accounts for the Quinn Group ‘‘did not draw attention to the extent of the Quinn Group’s funding of the CFD position’’. Anglo

advanced €500 million at the time, ‘‘in the false guise of a gearing-up of the property portfolio’’ of a group company, the Quinn family claim.

The Quinn children claim they were visited by an ‘‘unnamed representative of Anglo’’ around this time, with two boxes of documents to be signed. 

They did so, but argue that Anglo failed in its duty of care to them because it did not seek to meet them personally or explain the nature of the documents they were

 signing. As the Quinn bet on Anglo shares continued into 2008, the children signed more documents, but ‘‘they did so without any autonomy or appreciation as to 

the consequences’’.

According to them, ‘‘the usual practice was only to receive and sign the signature page’’ which would be returned to Quinn Group staff and then to Anglo.

In March 2008, as Anglo’s shares fell during the so-called ‘St Patrick’s Day massacre’, Anglo loaned another €350 million to the Quinns in four transactions

. Highlighting the urgency of the situation, one loan was dealt with by a Quinn company in Britain because St Patrick’s Day was a bank holiday in Ireland.

The loans were all to meet CFD margin calls, but were described ‘‘completely falsely’’ as being for developments in Russia and India, the Quinns say.

The clean-up starts

Despite a continuing collapse in Anglo’s share price, and the pressure the CFD payments were putting on the Quinn Group, Sean Quinn continued to buy Anglo CFDs

. But from March or April 2008, the Quinns came under pressure from Anglo to reduce the CFD exposure. On Easter Monday, 2008, FitzPatrick and Drumm met

 Quinn and McCaffrey on the issue. 

A subsequent meeting was also attended by Colin Morgan, the then general manager of Quinn Insurance. Anglo said it was arranging a share placing, through Morgan

 Stanley, to reduce the Quinn position. Yet Quinn did not want to sell out, even though Anglo’s shares had fallen from more than €17.50 in June 2007 to €8.50 at 

the end of March 2008. ‘‘Bazzely was an unwilling seller, yet it was pressurised to do so by or on behalf of Anglo," the children say, complaining of ‘‘pressure 

and control being exerted by Anglo’’.

The share placing did not materialise because of lack of interest from the market, but the matter came to a head again in June of that year as the Quinn Group

 faced ‘‘financial pressure’’ from banks and bondholders that had loaned money for the development of the group. In the absence of additional funding,

 the group ‘‘would be compelled to make a detailed disclosure of the wider investment holdings of the Quinn family’’. 

After discussions between Quinn Group management and Anglo executives, ‘‘it was agreed by them that it would be mutually detrimental if this occurred’’.

Anglo loaned another €200 million to a Quinn company, allowing it to repay money to the Quinn Group and avoid disclosing the CFD situation. As part of that loan

 agreement, Anglo demanded that the Quinn children give their shares in the Quinn Group as security. It was that move that allowed Anglo to appoint the share

 receiver earlier this year.

Again, the Quinn children claim they were not contacted by Anglo and did not have legal advice.

The end of the affair

Seeking another way to unravel Quinn’s stake, Anglo executives came up with the ‘golden circle’ arrangement. Quinn CFDs equating to 10 per cent of the bank would

 be placed with ten long-standing Anglo customers, while Patricia Quinn and her five children would convert the remaining CFDs into a 15 per cent stake in the bank.

The deal was done between July 14 and 21, 2008. The Quinn part of the deal required around €480 million in funding, but the Quinns say they were not aware of the

 purchase of the shares.

In October that year, the deal was refinanced and restructured, with six Cypriot companies formed to hold the shares on behalf of the Quinns.

Patricia Quinn guaranteed the liabilities of a Cypriot company with more than €102 million in borrowings, while each of the children guaranteed the liabilities of

 a company with €77.3 million in borrowings. It is those guarantees that are in dispute in the legal action between the Quinns and Anglo.

In their statement, the Quinns claim that Anglo ‘‘supported and encouraged’’ the CFD investment in a bid to boost its share price. They say the bank paid ‘‘no heed to

 the requirements of corporate governance or the interests of its shareholders’’, citing the hiding of loans to executives and a back-to-back deposit arrangement with

 Irish Life & Permanent as examples. As a result, they allege all of Anglo’s dealings with Bazzely were ‘‘tainted by illegality’’ and constituted illegal ‘‘market

 manipulation’’. In that case, they argue, the charges and guarantees they signed should not have been enforced. The Quinns claim they never knew they could

 face ‘‘significant personal financial liabilities’’ from the CFD affair. ‘‘If they had been made aware of the potentially dire personal circumstances in which they could

 have found (and do find) themselves as a consequence of executing the documentation, they would not have signed it," the Quinn claim says. It will be up to

 the Commercial Court to consider the merits of that argument when it comes to court next year.

http://www.sbpost.ie/news-features/the-strange-tale-of-quinn-family-values-56971.html


CONVICTED drink-driver Jim Mansfield Jr claims he did not understand the details of a multi-million euro development loan provided to him by AIB.

Mr Mansfield Jr is the director of 23 companies, yet his barrister claimed in the Commercial Court that he had never read a book or a newspaper.

The son of millionaire businessman and Citywest tycoon Jim Mansfield is one of a number of developers being sued by AIB for a €6.28m development loan.

Mr Justice Kelly said it was extraordinary that Mr Mansfield, whose companies are involved in a wide range of business activities, could not understand the term

 "joint and severally liable".

However, an educational psychologist's report put before the court stated the businessman has average intelligence but has the reading ability of a seven-year-old.

Counsel said Mr Mansfield had literacy difficulties due to dyslexia and because he left school at a young age, and was unsure of the nature of the documentation

 he was signing in relation to the purported partnership.

But counsel for AIB said Mr Mansfield never informed the bank of any such difficulties and he had not made out a case that he was unsure of the nature of

 any documentation he had signed.

The Commercial Court will make a decision today on whether Mr Mansfield and three other businessmen should have summary judgment entered against them

 over the €6.2m loaned for development lands in Duleek, Meath.

The summary judgment application was brought by AIB against a partnership comprising Mr Mansfield Jr, Palmerstown House, Johnstown, Kildare; Brian Higgins

 Allensgrove, Celbridge Road, Leixlip, Kildare; Glen O'Callaghan, Drapier Road, Dublin; and Seamus Kavanagh Kyle, Killea, Templemore, Tipperary.

All four oppose AIB's application, which arises out of loans advanced in 2003 for the purchase of the Meath site.

Mr Mansfield Jr (42) had an on-off relationship with former model Katy French in the months before her death from a cocaine overdose.

He was convicted of drink- driving last year but his father, millionaire businessman Jim Mansfield, said he would be 100pc confident in handing over his empire to him

 or any of his other two sons, Tony and PJ.

"Jimmy would be like myself, drink wouldn't be something that would interest him a lot," he said at the time.

"But you know he had wine and he went out and he was over the limit and of course he got done.

"He is appealing the case, whether he is right or wrong I don't know."

clairemurphy@herald.ie


http://www.herald.ie/national-news/courts/i-cant-read-so-i-didnt-understand-83646m-loan-deal-claims-mansfield-jr-2159610.html