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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
MCM INVESTORS BERGER COMMISSION MANHATTAN CAPITAL MANAGEMENT JUDGEMENT DISTRICT BANKRUPTCY SECURITIES YORK EXCHANGE COMMISSION COURT UNITED STATES LOSSES MICHAEL SOUTHERN DISTRICT COMPLAINT DISGORGEMENT PAID ESTATE PROVISIONS LAWS SUSTAIN ACCOUNT STATEMENTS SUSTAIN MARKET LOSSES REPORTING REALIZING PROFITS PHONY ACCOUNT STATEMENTS FALSE ACCOUNT STATEMENTS |
SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17193 / October 16, 2001
Securities and Exchange Commission v. Michael W. Berger, Manhattan
Investment Fund Ltd., and Manhattan Capital Management, Inc., Civil
Action No. 00 Civ. 0333 (DLC) (HP) (S.D.N.Y)
COURT ENTERS FINAL JUDGMENT AGAINST MANHATTAN CAPITAL MANAGEMENT, INC.
The Securities and Exchange Commission announced today that on October
9, 2001, the Honorable Denise Cote of the United States District Court
for the Southern District of New York entered a Final Judgment against
Manhattan Capital Management, Inc. ("MCM"), one of three defendants in
MCM consented to the entry of the Final Judgment without admitting or
denying the allegations of the Commission's Complaint. The Final
Judgment holds MCM liable for disgorgement of $19,874,735.44 that MCM
was paid by the Manhattan Investment Fund Ltd. ("the Fund") in
management and incentive fees, and $132,498.24 in prejudgment
interest, for a total of $20,007,233.68.
Both MCM and the Fund are the subject of Chapter 11 bankruptcy
proceedings pending in the United States Bankruptcy Court for the
Southern District of New York. The Final Judgment as to MCM provides
that any distribution made by the estate of MCM with respect to MCM's
disgorgement liability shall be paid to the bankruptcy estate of the
Fund for further distribution to the Fund's creditors in accordance
with the provisions of the United States Bankruptcy Code.
In its Complaint filed January 18, 2000, the Commission charged
Michael W. Berger, MCM and the Fund with violations of the antifraud
provisions of the federal securities laws. The Fund was a hedge fund
organized under the laws of the British Virgin Islands that was open
to foreign investors and tax-exempt U.S. investors. MCM was the New
York-based investment manager of the Fund. Mr. Berger owned and
controlled MCM and was its only officer. Through MCM, Mr. Berger
directed the investment activities of the Fund. The Commission has
asserted that beginning in September 1996, the Fund began to sustain
market losses that ultimately totaled over $393 million. At the same
time the fund was sustaining these huge losses, Berger was reporting
to investors that the Fund was realizing profits of between 12 and 27
percent annually. To hide the Fund's losses, Berger created phony
account statements that materially overstated the performance and
value of the Fund. The information contained in the false account
statements was provided to investors in the fund, and was shared with
potential investors.
The Commission's claims against the Fund have been stayed. The
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