RECEIVER'S FIFTH INTERIM REPORT REGARDING STATUS OF RECEIVERSHIP, ASSET COLLECTION, AND ONGOING ACTIVITIES
February 7, 2013
By Kevin M. Sadler
The Receiver hereby submits for the Court's consideration the following information regarding the status of the
Receivership, asset collection efforts, and other ongoing activities. Unless otherwise stated herein, the information
in this report is current as of January 31, 2013. The Receiver will supplement this report as circumstances develop
or if the information herein materially changes.
I. CASH INFLOWS &MAJOR RECEIVERSHIP ASSETS
The total amount of cash collected by the Receiver - including, but not limited to, remaining operating income streams, asset liquidation, and recovery of assets and funds from third parties - was approximately $230.2 million as of January 31, 2013. The total of all cash on hand was $111 million, which is net of the cash outflows discussed in more detail below in Section II of this report. Of this amount, $8 million was restricted and $103 million was unrestricted.
Cash Balances & Trailing Revenue: The cash balances recovered by the Receiver shortly following his appointment on February 17, 2009 totaled approximately $63.1 million. In addition, the Receivership has collected roughly $5.3 million in cash associated with income earned prior to the inception of the Receivership.
Private Equity: The Receiver has recovered approximately $37.5 million in net cash proceeds from the liquidation of private equity investments and expects to receive approximately $300,000 more from closed or pending private equity liquidations. In addition, the Receiver's financial advisor is continuing to market the remaining investments in Stanford's private equity portfolio, which has an estimated value of up to $6.7 million.
Real Estate: The Receiver has recovered approximately $18.7 million in net cash proceeds from the liquidation of real estate, including the recent Holly Springs sale [see Doc.1695]. Although the Receiver's real estate brokers are continuing to market other properties in Stanford's real estate portfolio, the Receiver is unable to estimate the potential recovery from the liquidation of those properties at this time.
Watercraft and Airplanes: The Receiver has recovered approximately $8.0 million from the disposition of airplanes owned or leased by Stanford and from the sales of the Sea Eagle yacht, the Little Eagle yacht, and the Robust Eagle tugboat.
Latin American Assets: The Receiver has been able to liquidate assets in Panama, Ecuador, and Peru, resulting in a recovery of approximately $12.9 million. Moreover, the Receiver is pursuing the recovery of up to $10.2 million in additional Latin American assets.
Miscellaneous Asset Sales: The Receiver has recovered approximately $2.2 million from the sale of miscellaneous assets - including, but not limited to, furniture, coins, vehicles, and assorted equipment.
Litigation: The Receiver has fraudulent-transfer, unjust-enrichment, and other claims pending against numerous defendants, through which the Receiver seeks the recovery of approximately $700 million. The Receiver has identified at least an additional $1.1 million in international litigation claims. Asset recovery litigation is difficult, protracted, and expensive.
Nevertheless, such claims are the single largest potential source of funds which may be recovered for the benefit of Stanford's victims. Although the Receiver has thus far received approximately $15.5 million from settlements and other litigation efforts (including over $2.2 million received from the political committee defendants in Case No. 3:10-CV-0346-N) and has secured an injunction to hold another approximately $25 million, the amount that the Receiver ultimately is able to collect from defendants is uncertain and may be less than the amounts claimed. The Receiver will continue to work towards appropriate and reasonable settlements, where possible, in order to maximize the net recovery to the Receivership Estate. A detailed report regarding the status of the Receiver's many litigation claims is found in the Third Joint Report of the Receiver, the Examiner and the Investors Committee Concerning Pending Litigation (For the Quarter Ending September 30, 2012) [see Doc. 1716], and related litigation issues are discussed in the Report of the Examiner and Receiver Addressing Matters Assigned to Magistrate Judge Frost [see Doc. 1720].
Return of Political Contributions: The Receiver has identified approximately $1.9 million in political contributions made by Allen Stanford and related entities. The Receiver has requested the return of these contributions from over 90 politicians, political action committees, and congressional committees. Through January 31, 2013, $1,770,380 has been returned (including the principal amount of the contributions that were part of the over $2.2 million received from the political committee defendants discussed above).
Coins and Bullion Inventory: The Receiver has approximately $200,000 in remaining coins and bullion inventory relating to the coins and bullion operations.
Overseas Cash: The Receiver has identified approximately $310 million in cash, assets, and other investments in foreign accounts, including accounts in Canada, the United Kingdom, and Switzerland. The Receiver cannot ascertain the exact current value of these assets, which are subject to forfeiture proceedings, because those funds are not currently subject to the Receiver's control or direct monitoring. The Receiver is working with the Department of Justice and the Joint Liquidators in Antigua in an effort to reach agreement concerning the release and distribution of these assets.
Other Inflows & Assets: The Receivership has collected approximately $66.8 million through the liquidation of other investment accounts held on behalf of Stanford, including approximately $5.0 million held on behalf of Stanford Trust Company; $1.0 million from the liquidation of Bank of Antigua accounts; $46.7 million through the liquidation of Stanford accounts at Pershing and of various investment funds held on Stanford's behalf; $8.4 million through the recovery of additional cash balances; and $5.7 million received via other inflows, including, but not limited to, rental and interest income, cash flows from other liquidated bank accounts, and restricted funds and interest thereon. The Receiver estimates that he may recover up to $2.5 million in additional assets held in U.S. banks and brokerages.
II. CASH OUTFLOWS
From February 17, 2009 through January 31, 2013, the total amount of Receivership cash outflows - comprising professional fees and expenses, as well as other types of expenses - was approximately $119.2 million.
Expenses Other than Professional Fees: The total amount of all payments made by the Receiver for expenses other than professional fees was approximately $53.3 million. This figure comprises the following approximate amounts: $26.7 million in personnel expenses and other employee expenses; $3.8 million in insurance expenses; $3.5 million in taxes; $1.6 million in general and administrative expenses; $2.4 million in telecommunications expenses; $5.2 million in occupancy expenses; $2.5 million in settled claims; and $7.7 million in other expenses. As previously explained in the Fourth Interim Report [see Doc. 1630 at 5-7], these expenses have decreased dramatically as the Receivership has progressed.
Professional Fees and Expenses: As of January 31, 2013, the professional fees and expenses paid to the Receiver and his professionals total approximately $63.3 million.
Approximately half of this amount was paid in the first year of the Receivership ($30.9 million from the first quarter of 2009 through the first quarter of 2010) to wind down operations and institute necessary legal actions to protect and benefit the Estate.
Furthermore, the Receivership Estate has paid (per Court approval) the Examiner's expenses and legal fees totaling approximately $1.9 million through January 31, 2013. Also per Court direction, the Receivership Estate has paid a total of approximately $600,000 in attorneys' fees, expert fees, and expenses incurred by the Official Stanford Investors Committee (the "OSIC") through January 31, 2013.
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