Toronto Star

Receiver can move on Portus

Bankruptcy proceeding is approved Court brings investors closer to their money

- MADHAVI ACHARYA-TOM YEW BUSINESS REPORTER

Investors in Portus Alternativ­e Asset Management are one small but important step closer to recovering money from the fallen hedge fund after a proceeding in the Ontario Superior Court of Justice yesterday. Court- appointed receiver KPMG has been allowed to proceed with an applicatio­n that would officially put Portus, as well as a group of related companies, into bankruptcy. The filing would be the first step in the process of declaring Portus insolvent and distributi­ng its assets to the company’s creditors and investors.

Officials, however, said that day is still far off, as investigat­ors are still working to trace and recover funds from a complex web of offshore companies and investment­s.

“I know for the investors it doesn’t get to the money yet, but it does go a considerab­le way to see that day happen,” Justice Colin Campbell said after signing the order yesterday.

Other developmen­ts involving Portus co- founder Michael Mendelson were revealed during the court proceeding: ‰ Mendelson is in negotiatio­ns with the Ontario Securities Commission to settle allegation­s that he misled investors. The talks may “ shortly” result in a settlement deal, his lawyer, Joyce Harris, told the court. ‰ Lawyers for KPMG have turned over new informatio­n to the RCMP. Investigat­ors recently learned that Mendelson accompanie­d Portus co-founder Boaz Manor to the Cayman Islands and helped set up offshore accounts there.

“ It’s a little bit out of the movies, quite frankly, Your Honour, but then the truth can be stranger than fiction,” KPMG lawyer James Grout told the court.

Michael Watson, director of enforcemen­t for the securities commission, declined to comment. The RCMP did not return phone calls seeking comment. No new informatio­n surfaced on the whereabout­s of Yu Jieying, Manor’s sister- in- law, who is alleged to have purchased $ 8.8 million worth of diamonds, including a 22- carat gem, using investor funds. She has ignored court orders to submit to ques-

tioning.

Grout also urged the court to ignore the latest letter from Manor, sent through his Israeli lawyer, Yehuda Weinstein. The Nov. 7 letter warns that “ bankruptin­g Portus will . . . trigger a chain of events which will cause investors severe financial damage.” Manor has consistent­ly denied any wrongdoing. Founded by Manor and Mendelson in 2002, Portus was one of the fastest-growing hedge funds in Canada with about $800 million in assets. The company began to unravel after regulators froze its accounts in early 2005 amid concerns about bookkeepin­g irregulari­ties.

It is unclear when lawyers for KPMG will file the applicatio­n to have Portus declared insolvent. The receiver favours a single bankruptcy proceeding for Portus, with all money recovered to be paid out in proportion to what was originally invested.

Investors with a Portus entity known as the Market Neutral Preservati­on fund are slated to go back to court Dec. 15 to argue that these assets are distinct from other Portus funds and should be distribute­d separately. The outcome of the mid- December hearing could affect the timing of the bankruptcy applicatio­n.

Lawyers, accountant­s and investigat­ors for KPMG, as well as Fraser Milner, the court-appointed law firm that represents Portus investors, have racked up about $ 10 million in fees to date, the court also heard yesterday. Lawyer Joel Vale urged the court to make all billing informatio­n public and available over the Internet.

“ The public is very skeptical about lawyers as it is,” Vale told the court. “ They see at this stage the only people getting paid are the lawyers, the accountant­s, the other profession­als.” To date, about $ 662.15 million ( Canadian) and about $ 37.2 million ( U. S.) have been secured after being found in 130 Portus bank and investment accounts in Canada, the Turks and Caicos and the Cayman Islands. The receiver is continuing its search for the missing funds amid destroyed and corrupted records, said Robert Rusko of KPMG.

“ It’s really hard to tell at this point what the ultimate distributi­on will be.” The RCMP launched a probe of Portus in July to determine whether criminal charges are warranted.

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