Tremont Securities Law, State Law, and Insurance Litigation
On August 8, 2011, the Honorable Thomas P. Griesa of the United States District Court for the Southern District of New York granted final approval for a proposed settlement exceeding $100 million.
Bernstein Liebhard LLP was the court-appointed lead counsel in In re Tremont Securities Law, State Law, and Insurance Litigation, No. 08-CV-11117 (TPG) (S.D.N.Y). As lead counsel, the firm represented limited partners who invested in the Rye Select and Tremont investment funds, which were “feeder funds” into the now-infamous multi-billion dollar Ponzi scheme orchestrated by Bernard L. Madoff (“Madoff”).
Pursuant to the settlement the Settling Defendants and Plaintiffs in the Securities Action, the State Law Action and the Insurance Action, agreed to a settlement consisting of $100 million in cash, plus interest (“Gross Settlement Fund”). Additional monies were added to the Gross Settlement Fund from the cash and cash equivalents remaining in Tremont Group Holdings, Inc. after the wind down of its and its subsidiaries’ operations and pursuant to the Tremont Defendants’ assignment of the certain of the funds’ legal claims against certain third parties and a 50% interest in litigation pursued by certain of the Tremont Defendants against third-party insurers. The settlement also provided for payment from the cash and cash equivalents remaining in the funds to current limited partners and/or shareholders in the funds, regardless of whether claimants are members of a subclass or opt out of the settlement.
The settlement was the product of a two-day mediation, conducted under the supervision of an independent mediator, (retired) United States District Court Judge, Layne Phillips. The consolidated amended complaint in the Securities Action alleged that the Settling Defendants violated the federal securities laws by issuing false and misleading statements in the funds’ offering documents and other materials. These false and misleading statements misrepresented to investors that Tremont Defendants would and did conduct proper due diligence prior to, and after, investing the funds’ assets with outside investment managers such as Madoff, when in fact no such due diligence took place.
Plaintiffs also alleged that the funds’ outside auditors, KPMG LLP (“KPMG”) and Ernst & Young LLP (“E&Y”), issued false and misleading audit opinions concerning the Rye and Tremont funds’ financial statements by issuing clean audit opinions that misrepresented that the funds were generating returns that did not, in fact, exist. Plaintiffs’ claims against the auditor defendants were not part of the settlement.
- NSF POA Order
- Affidavit of Stephanie Amin-Giwner
- Affidavit of Stephanie Amin-Giwner, Exs. A-E
- Memorandum of Law in Support of Distribution Motion, Ex. A (Proposed Ord…
- Memorandum of Law in Support of Distribution Motion
- Notice of Motion
- Reply Brief in Further Support of Motion for Approval of Distribution
- Exhibit 1 to the Reply Brief
- Settling Class Plaintiff’ Reply Memorandum Of Law In Response To Opposition Of Lehman Brothers Finance
- Supplemental Reply Memorandum In Further Support Of Motion For Approval Of Distribution Of Net Settlement Fund
- Exhibit A to Supplemental Reply memorandum
- Exhibit B to Supplemental Reply memorandum
- Memorandum in Support of Motion for Approval of Fund Distribution Account Plan of Allocation, Distribution Procedures Attorneys Fees and Reimbursement of Expenses
- Joint Declaration of Andrew J. Entwistle, Reed R. Kathrein and Jeffrey M. Haber in Support of Plaintiffs’ Settlement Class Counsel’s Motion for Approval of Fund Distribution Account Plan of Allocation, Distribution Procedures, Attorneys’ Fees and Reimbursement of Expenses
- Affidavit of Stephen J. Cirami in Support of Motion for Approval of Fund Distribution Account Plan of Allocation, Distribution to Fund Distribution Claimants and Reimbursement of Expenses
- Declaration of Layn R. Phillips in Support of Motion for Approval of Fund Distribution Account Plan of Allocation
- Class Counsel’s Reply Memorandum in Further Support of Motion for Approval of Fund Distribution Account Plan of Allocation, Distribution Procedures, Attorneys’ Fees and Reimbursement of Expenses
- Entwistle Declaration with Exhibits
- Joint Declaration with Exhibits
March 30, 2016 – Bernstein Liebhard LLP is pleased to announce that efforts to delay the FDA distribution by objectors have been rejected by both the United States District Court and the United States Court of Appeals for the Second Circuit and that the distribution process will now begin.
For more information about the settlement and a copy of the Stipulation of Settlement, please visit www.tremontlitigationsettlements.com.