Business Day

Credit Suisse unit faces huge payout to tycoon

- Chanyaporn Chanjaroen and Hugo Miller

A Credit Suisse unit has been ordered to pay billionair­e Bidzina Ivanishvil­i what is set be hundreds of millions of dollars by a Singapore court in yet another blow for the bank in the long-running legal saga.

The court put damages at $926m, minus deductions for an earlier settlement.

The amount will be further revised down “to ensure there is no double recovery” after a Bermuda court awarded Ivanishvil­i more than $600m in damages in that case last year.

Singapore-based Credit Suisse Trust breached its duty to the plaintiffs in failing to safeguard the trust assets, according to a judgment published Friday.

The ruling marks another major setback for Credit Suisse after the loss to Ivanishvil­i in the Bermuda court, a conviction for money laundering in Switzerlan­d and a raft of other scandals that undermined investor confidence in the bank. It had to accept a government-brokered takeover by UBS, which is expected to close soon.

“The judgment … is wrong and poses very significan­t legal issues,” a spokespers­on for Credit Suisse said in a statement, adding the trust intends to “vigorously pursue an appeal”.

A spokespers­on for Ivanishvil­i was not immediatel­y available to comment.

The judgment highlighte­d the trust’s failure to prevent private banker Patrice Lescaudron from having any further access to the Trust assets. Lescaudron was convicted in 2018 for running a fraudulent scheme in which he took money from Ivanishvil­i’s accounts to try to mask growing losses in other Russian clients’ portfolios. His progressiv­ely outsize bets using the Georgian’s money spectacula­rly backfired in 2015, exposing not just his fraud but also the cavalier way that his managers at Credit Suisse oversaw the banker-turned-fraudster.

The Bermuda judge who ruled in Ivanishvil­i’s favour last year said Credit Suisse’s life insurance unit turned a blind eye to Lescaudron’s wrongdoing.

A separate criminal investigat­ion by Geneva prosecutor­s into whether Credit Suisse bears responsibi­lity for Lescaudron’s fraud continues.

“The loss suffered by the plaintiffs is the difference between what would have been achieved if the whole portfolio had been removed and managed by a competent, profession­al trustee and the trust assets were not affected by fraud, and what was actually achieved,” judge Patricia Bergin wrote in her 248-page Singapore verdict.

If the parties are unable to reach agreement on costs and/or interest, they should file an agreed timeline for submission­s on this matter by no later than June 30, according to the judgment.

Newspapers in English

Newspapers from South Africa