Weekend Herald

Watson belatedly lawyers up in US case of alleged insider trading

- Matt Nippert

Embattled expat businessma­n Eric Watson has, nearly three years after the US Securities and Exchange Commission filed claims of insider trading against him, finally appointed lawyers to engage with the market regulator.

Watson’s two co-defendants, Oliver-Barret Lindsay and Gannon Giguiere, have already settled with the SEC. In February 2023, following Watson’s non-appearance and difficulti­es in serving him documents, US courts declared Watson to be in default and continued the case in absentia.

An update to the court filed last week said a “representa­tive for defendant Watson — who is in default and has not appeared in this case, either pro se [self-represente­d] or through counsel — has provided the SEC with informatio­n concerning Watson’s financial condition”. This marks the first time Watson has engaged with the court proceeding­s.

The case concerns the 2017 rebranding of Watson’s microcap beverage maker Long Island Ice Tea into Long Blockchain.

The SEC alleges the rebranding was “designed to mislead investors and to take advantage of the general investor interest in bitcoin and blockchain technology” with Lindsay and Giguiere alleged to have profited from the resulting short-lived spike in share price.

Watson, who is alleged to have shared informatio­n about the upcoming rebrand with Lindsay and Giguiere, is not said to have financiall­y profited from the insider trading.

The SEC letter said Watson is now represente­d by Neil Williams and Mark Winters of Gunnercook­e UK.

Williams is described on the firm’s website as a partner specialisi­ng in cases of “white-collar crime”, while Winters is a former officer with London’s metropolit­an police force.

The SEC said it would continue discussion­s with Williams and Winters and if final settlement agreement could not be reached would “move for . . . a default judgment against Watson”.

The late move in the Southern District of New York court follows a similar eleventh-hour appointmen­t of legal representa­tion at the High Court at Auckland where liquidator­s of Watson’s Cullen Investment­s group have been progressin­g bankruptcy proceeding­s.

Last month liquidator­s — having previously secured an unconteste­d summary judgement against Watson for $59.9 million related to tens of millions of dollars in tax avoidance dating back decades — filed applicatio­ns to bankrupt Watson, but found he was now represente­d by Jack Cundy. Lawyers acting for liquidator­s laid out the two years it took to serve Watson in the case, resorting to having to push papers “under the front gate” of an offshore address and resulting in a High Court judgment describing the defendant as “elusive and obstructiv­e” and sought to avoid further delays.

Cundy told the Auckland court claims Watson had been dodging the case were “not accepted”, and he would be opposing the bankruptcy applicatio­n and protesting the court’s jurisdicti­on to hear the matter.

Questions sent this week to Watson about the cases went unanswered.

These developmen­ts are the latest in a tectonic crumbling of Watson’s position, from the heights of the NBR rich list and national business celebrity during the 1990s to an apparently impecuniou­s one-time prisoner facing mammoth legal challenges on multiple continents.

A titanic struggle with his former business partner, Sir Owen Glenn — waged in internatio­nal courts for more than a decade that burnt tens of millions in legal bills on both sides — saw Glenn use court awards in his favour to chase Watson personally, and his family members in New Zealand and in the United States, around the globe seeking $82m.

In 2020 lawyers acting for Glenn managed to have Watson thrown in prison — a rare outcome in a civil case — for contempt of court after finding he had hidden assets in a “rainy day account” under his mother’s name.

Watson served four months in London’s Pentonvill­e prison.

 ?? Photo / Michael Craig ?? Eric Watson is under scrutiny over a company’s rebranding.
Photo / Michael Craig Eric Watson is under scrutiny over a company’s rebranding.

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