" Pension funds worldwide queue up to sue Vivendi in Paris
Twelve years after Vivendi Universal’s stock price collapsed from
€140 to €8.60, the firm faces further charges to refund defrauded
shareholders for their losses.
Judge Darmon, of the Paris Commercial Court, will be examining a new
lawsuit on 5 December filed by a host of institutional investors
seeking compensation after the firm was convicted of
financial fraud and providing misleading information.
Frederik-Karel Canoy, the first attorney who sued Vivendi 10 years
ago and gathered investors on this case, said: “It’s a unique chance for
Vivendi institutional shareholders to be refunded from
their loss.”
Plaintiffs already include the California Public Employees’
Retirement System (CalPERS), the California State Teachers’ Retirement
System (CalSTRS), Connecticut Retirement Plans and Trust,
British Airways Pension Trustees, Scottish and Newcastle Pension
Plan Trustees, Europensiones from Spain, AMF Pensionsförsäkring and AP7
from Sweden, PKA of Denmark, Norway’s central bank Norges
Bank, Queensland’s state fund manager QIC and the Government of
Singapore, to name but a few.
Canoy said he expected even more to join.
“This procedure allows plaintiffs to enrol in the process,” he added.
Vivendi Universal was grown to a giant media company after chief
executive Jean-Marie Messier led a merger frenzy in the early 2000s,
first with Canadian Seagram (owner of Universal Music and
Studios), then adding USA Network and Liberty Media in 2001, before
it was forced to deleverage by downsizing.
An investigation was launched after Canoy’s complaint in 2003 developed into a worldwide financial scandal.
Frederik-Karel Canoy, who sued Vivendi 10 years ago
Vivendi agreed to pay a $50m (€37m) settlement to the US Securities
and Exchange Commission by the end of 2003 to avoid prosecution, while
Messier also paid a $1m fine to the US watchdog.
The SEC alleged “fraud between December 2000 and July 2002,
including false press releases, improper adjustments to earnings and
failure to disclose future commitments”.
French justice was slower to take action against Vivendi’s former chief executive.
Inspectors from the Commission des opérations de Bourse – the COB,
before it changed name to the AMF – had gathered evidence of a market
manipulation in 2001, but the watchdog’s heads sent
Vivendi a letter asking for better practices instead of a sanction
procedure.
The AMF eventually fined Vivendi and Messier over false information in November 2004.
Despite all appeals, Vivendi was convicted in September 2009.
Another criminal charge also found Messier guilty of fraud in January 2011.
At his appeal trial on 20 November 2013, the prosecutor confirmed some of the charges but asked for a reduced sentence.
A class action took place in the US in 2009 where Vivendi was
convicted to repay up to $10 a share to investors having bought or held
securities between 30 October 2000 and 14 August 2002.
But very few people invested in Vivendi through ADRs.
Pension funds and institutions bought Vivendi shares in the Paris Bourse turned to Canoy for alternative legal action.
He said more institutional investors could join his case on the
Paris Commercial Court to ask for up to €160 a share for financial
refund and €10 in damages, plus €20,000 of legal expenses by
plaintiffs who held Vivendi shares between December 2000 and July
2002."
Article écrit par Gilles Pouzin, publié le 5 décembre 2013, disponible sur le lien suivant :
http://www.ipe.com/pension-funds-worldwide-queue-up-to-sue-vivendi-in-paris/10000580.article