USA TODAY US Edition

Berkshire sued in ‘reverse Ponzi scheme’

New York City bike courier firm seeks $18M in damages

- Kevin McCoy @kmccoynyc USA TODAY

Billionair­e investor Warren Buffett’s Berkshire Hathaway conglomera­te has been sued by a New York City bike courier company for allegedly scheming to steal insurance premiums in a “reverse Ponzi scheme.”

Breakaway Courier, a company with roughly 300 employees, in a lawsuit filed Friday accused Berkshire and its Applied Underwrite­rs subsidiary of improperly “siphoning ” workers’ compensati­on insurance premiums “through a web of under-collateral­ized shell companies.”

The alleged fraud “is essentiall­y a reverse Ponzi scheme,” the courier firm charged in a 46-page legal complaint filed in New York County State Supreme Court.

Berkshire and Applied Under- writers promised Breakaway and others who sought the insurance coverage discounted rates, a share in underwriti­ng profits from the policies and rewards for low levels of claims and losses, the lawsuit alleges.

The New York allegation­s focus on Reinsuranc­e Participat­ion Agreements — complex deriva- tive instrument­s the lawsuit says shift all risk of losses from worker injuries back onto those who are insured.

“Victims are led to believe that their “capital” is being paid into “protected cells,” which will eventually be returned to them,” the complaint alleges. “Instead, Berkshire Hathaway illegally siphons off premiums through an unlicensed, unregister­ed and undercolla­teralized Hawaiian entity, leaving New York employers and injured workers without the funds that New York State requires to be available to cover losses due to worker injuries.”

Regulators in California, Vermont and Wisconsin “have all condemned this scheme as illegal,” the lawsuit charged.

Berkshire representa­tives did not immediatel­y respond to a message seeking comment on the legal complaint, which seeks at least $18 million in damages and the return of all insurance premiums paid.

The conglomera­te’s Class A shares fell nearly 2% Tuesday.

Headed by Buffett, the Omahabased conglomera­te also has sev- eral well-known insurance-related subsidiari­es, including Geico auto insurance and General Re reinsuranc­e.

Raymond Dowd, the attorney representi­ng the bike courier company, told the Insurance

Journal the lawsuit is similar to a case in which California’s insurance commission­er faulted Berkshire’s Applied Underwrite­rs and California Insurance subsidiari­es for selling non-traditiona­l workers’ compensati­on policies. That case is continuing.

Dowd also said the alleged scheme differs from a more traditiona­l insurance pool.

“This is a pool with a drain, and the drain goes right into Berkshire Hathaway,” he told the In

surance Journal. “Everything is swept out of the pool into a Hawaii captive.”

Martin Schwartzma­n, a former official of the New York Department of Financial Services, submitted an affidavit with the lawsuit that concluded the Berkshire plan could face the bike courier company with “potentiall­y unlimited liability in the event of multiple catastroph­ic losses.”

 ?? CLIFF OWEN, AP ?? Shares of investor Warren Buffett’s Berkshire Hathaway fell almost 2% Tuesday.
CLIFF OWEN, AP Shares of investor Warren Buffett’s Berkshire Hathaway fell almost 2% Tuesday.

Newspapers in English

Newspapers from United States