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Madoff Victims Filed Lawsuit And Banco Santander Increases Pressure On Its Clients To Accept Offer

Class action lawsuit against Banco Santander, which offered $1.7 billion to its clients – Now Banco Santander increases pressure on clients to accept its offer – Contact The Shareholders Foundation, Inc.

FOR IMMEDIATE RELEASE

 
mail@shareholdersfoundation.com
mail@shareholdersfoundation.com
PRLog (Press Release) - Jan 30, 2009 -
Bank Santander has reportedly told investors who bought Madoff-hit products they have until Feb. 05, 2009 to accept a compensation offer made by the bank, daily ABC reported on Friday, citing agency EFE.
But Bloomberg says that the “Banco Santander SA’s 1.38 billion- euro ($1.8 billion) offer to compensate clients hit by Bernard Madoff’s alleged fraud may leave them with preferred shares they can’t trade and that the bank might not buy back “ and that this is “a risk Santander clients will have to weigh along with the strings attached to the offer of stock paying a 2 percent annual yield. “Accepting the offer includes a commitment to not take legal action against Santander or private banking business Optimal over Madoff and to continue banking with Santander. On Tuesday, the bank said it would compensate all individual clients who suffered losses in the alleged Bernard Madoff fraud, but not institutional investors. Reportedly managers from the bank have been calling their private banking clients in Spain, Latin America and elsewhere one by one in recent days and arranging appointments.
If you have invested through Spanish bank Banco Santander. (NYSE:STD) and are a victim of Bernard Madoff's ponzi scheme, you have certain options and you should contact the Shareholders Foundation, Inc. immediately.

Email: mail@shareholdersfoundation.com

Or call us at 001 858 779 1554 (English/Spanish)

Some clients are incensed with the offer, which purports to pay back 100 per cent of the sums invested but is estimated by lawyers and analysts to be worth only about 20 per cent. Santander denied a report it had given investors who bought Madoff-hit products until Feb. 5 to accept a compensation offer. "No deadline for investors to accept the offer has been set," a spokeswoman for the bank said.
Bloomberg reported yesterday that Banco Santander SA’s hedge fund unit used risk software that according to its developer may have “waved red flags” about Bernard Madoff investments. “You definitely would have seen it,” Riskdata SA Chief Executive Officer Ingmar Adlerberg said in a phone interview from Paris.
Investors, who invested through Spanish bank Banco Santander (NYSE:STD) and are victims of the Madoff $50Billion ponzi scheme, filed a proposed class action lawsuit in Miami, claiming the bank neglected proper fiduciary oversight. Today Spain's Banco Santander offered euro1.3 billion ($1.7 billion) to reimburse clients who lost money in New York financier Bernard Madoff's alleged ponzi scheme in the U.S. Spain's largest bank, one of the institutions hardest hit in the scandal, said it was offering the compensation to private customers. It made no mention of institutional investors.  The lawsuit was filed in U.S. federal court in Miami by American and Spanish attorneys and accuses all the defendants of violating US securities regulations, of gross negligence, of negligent misrepresentation and of unjustly enriching themselves, and alleges Banco Santander was negligent and reckless in allowing its Strategic U.S. Equity fund to invest with Madoff. The lawsuit claims Banco Santander was negligent, contending there was a "plethora of red flags" that should have alerted the bank that Madoff was running what the lawsuit says was Ponzi scheme. The plaintiffs claim that “despite the considerable fees charged to investors and the repeated representations that Optimal Investment would carefully select the managers, all of the Plaintiffs’ and the Class’ funds were stolen through the Madoff Ponzi scheme” and “Defendants paid themselves tens of millions of dollars in fees, and perhaps hundreds of millions of dollars, predicated on phoney profits”.
Banco Santander has earlier admitted it lost $3 billion through investments in Bernard L. Madoff Securities. These are not rich investors but mainly people who invested their entire life savings in Santander told a lawyer the Forbes. "They did not have any formal financial background and trusted Santander to invest their money wisely. They were told this was a stable investment. The next thing they knew they lost all their investments." In late December, Spain's anti-corruption prosecutor opened a probe into the alleged investment fraud run by Madoff to determine if any persons or organizations in Spain had cooperated in the scheme. The plaintiffs in the case filed in Miami invested through Optimal Investment Services, a firm managed by Banco Santander. In addition to the class-action suit, over 100 Spanish investors are scheduled for talks with both Barclays Bank and Banco Santander, said the Times Online yesterday, in a bid to recover cash.  Fifty other investors are also involved in another action there. Attorneys reportedly said that if the bank had carried out appropriate and “diligent analysis” of Madoff and his firm, it “wouldn’t have lost billions of dollars belonging to investors,” quoted Bloomberg, which added that the complaint stated that the Optimal fund earned a “handsome compensation” for its claims to provide “intensive due diligence” and “detailed scrutiny” of its investments.  It seems, according to the complaint, said Bloomberg, the fund likely earned about $44 million annually in fees alone based on an average commission of 1.9 percent of assets under management. The civil class action suit names Banco Santander along with Santander International, Optimal Investment Services, the bank’s Swiss-based hedge fund arm, Optimal’s former Chief Executive Officer Manuel Echeverria, and PwC, the auditors, and two HSBC units in Ireland are also named as defendants for their administration and custodianship of the investments.
Echeverria resigned in June and the timing of his resignation is one of many aspects of the Madoff scandal under investigation.  The Wall Street Journal said Echeverría presided over the Optimal fund while it built its relationship with Madoff; he left in June after 19 years there and five colleagues followed.
Bloomberg also quoted the complaint as stating that, “Despite the considerable fees charged to investors and the repeated representations that Optimal Investment would carefully select the management, all of the Plaintiffs’ and the Class’ funds were stolen.  This theft could have been avoided if Defendants had fulfilled their duties.”  The complaint also states that Santander missed a “plethora of red flags” pointing to the Ponzi and, “Defendants paid themselves tens of millions of dollars in fees, and perhaps hundreds of millions of dollars, predicated on phony profits,” reported Bloomberg.
Just weeks before Madoff’s scheme collapsed, managers at Santander were praising Madoff’s supposedly “impeccable” market timing, according to a report on FT.com.  
At least 19 civil lawsuits seeking to recover Madoff-related losses have been filed in four countries since the broker’s December 11 arrest.

If you have invested through Spanish bank Banco Santander. (NYSE:STD) and are a victim of Bernard Madoff's ponzi scheme, you have certain options and you should contact the Shareholders Foundation, Inc. immediately.

Email: mail@shareholdersfoundation.com

Or call us at 001 858 779 1554 (English/Spanish)

or send us your information by mail /facsimile:

Shareholders Foundation, Inc.
Trevor Allen
3111 Camino Del Rio North - Suite 423 -
92108 San Diego
Tel:+1-(858)-779-1554
Fax:+1-(858)-605-5739
mail@shareholdersfoundation.com
www.ShareholdersFoundation.com
_____________________________________________________________________________________

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Advertising. The Shareholders Foundation, Inc. is an investor advocacy group. We do research related to shareholder issues and inform investors of securities class actions, settlements, judgments, and other legal related news to the stock market. At Shareholders Foundation, Inc. we are in contact with a large number of shareholders. We believe that together we can combine the interests of many investors, and use the size of our interest as leverage against the giant corporations. We offer help, support, and assistance for every shareholder. The Shareholders Foundation, Inc. is not a law firm. Any statements made in press releases, emails or over the phone by any member or personnel employed by Shareholders Foundation, Inc. or by third parties related to the Shareholders Foundation, Inc. is provided for research and guidance purposes only and are not legal advices. The information is provided as a public service. It is not intended as legal advice and should not be relied upon.

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Contact Email:
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Source:Shareholders Foundation, Inc.
Phone:+1-(858)-779-1554
Fax:+1-(858)-605-5739
Address:3111 Camino Del Rio North - Suite 423 -
Zip:92108
City/Town:San Diego
State/Province:California
Country:United States
Industry:Banking, Business, Legal
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Last Updated:Jan 30, 2009
Shortcut:http://prlog.org/10175188
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