New Stream Executive Pot Farm Charges lead to Guilty Plea

Part of the hedge fund duo who was arrested this summer for growing a year round pot farm in Newtown, Connecticut has pleaded guilty and was sentenced to jail. I first reported in September for Forbes, how Tara Bryson, of Ridgefield-based New Stream Capital, was allegedly cultivating a pot farm in her million dollar mansion while creating an appearance of running a goat farm. A story that caught the financial blog-o-sphere ablaze with shock and awe that a well paid hedge funder would allegedly risk her reputation to make some extra dough selling marijuana with her live-in boyfriend.

Friday, Tara’s boyfriend Michael Anthony Hearl, of 26 Butterfield Rd, pleaded guilty to three of the seven counts the Connecticut state police lobed against him. A Danbury criminal court clerk confirmed the guilty charges included possession with intent to sell, cultivation of marijuana, and possession of a silencer; of which Hearl will serve two out of the four years assigned to jail and then be subject to five years probation.

When Tara and Michael were arrested, a warrant report shows eight guns, locked and loaded, were seized including automatic weapons such as a Glock 40. In an interview with Michael this September he said he had a permit for all of his weapons and the handcuffs Police found belonged to his teenage son – not him.

Police also say they seized 203 marijuana plants of various sized and growth stages. This included a bag containing pot seeds and labeled “blue cheese”. Narcotics detectives on the case wrote it was the enormous electric bill the mansion was generating that helped obtain a search warrant. The bill, which was four times more than comparable neighborhood homes, is in Tara Bryson’s name. She also has sole ownership of the Newtown home where the year round pot farm grew.

In an interview with Hearl after his arrest (with Tara listening in on the conversation) he expressed serious concern regarding how they’ll be able to feed their goats if he has to go to jail and Tara can’t earn money. I asked if they had planned to feed the goats the pot and Hearl answered “oh no never”. Tara and Michael had actually been awarded a $50k grant by the CT department of farming to build a shelter for the goats. I learned the building was never finished and thus the award was never paid out. It’s unclear what has happen to the goats since then.

New Stream, the hedge fund her brother David Bryson co-founded, has since filed for a pre-package chapter 11 bankruptcy. Onshore investors in New Stream are battling the fund managers for control of how the assets will be returned and liquidated. A story I’ve been reporting on for DealFlow media this month. Tara and her brother David have been court ordered to answer investors’ questions about the marketing of the fund. Attorney Edward Toptani and lawyers for Stevens & Lee are currently in the process of an expedited discovery. One in which investors tell me they hope will prove the Brysons lied and misled investors to give millions more to New Stream after Tara and David promised that the fund would be restructured and all investors in the onshore and offshore accounts would have equal claims to asset under management. Big name hedge funds like Gottex and Tradex are now battling each other over who gets the remaning $125 million in assets. At its peak New Stream claimed in press releases the hedge fund had over $800 million in combined assets.

In December 2009, I reported New Stream, along with both Brysons, were being investigated by the FBI for their role in marketing the fund to investors and the firm’s alleged role in overvaluing assets to generate double-digit millions in management fees for themselves. New Stream has now admitted the SEC has joined the investigation and a SEC lawyer even went as far to show up in Delaware bankruptcy court to kindly let the judge know New Stream was not cooperating with the investigation.

What the frustrated investors find through their discovery of New Stream financial documents and depositions might open the kimono for other fraud inside the fund. Something to take note of is the fact Connecticut State police said in Tara’s arrest warrant that no state employment taxes were filed for Tara. But former New Stream staff have confirmed she was an employee of the fund, had an office there, and a day to day role in working with investors to communicate fund performance or calm investors nerves after the fund was gated in 2009 and no one could get their money back. I’ve seen letters to investors written by Tara and even been involved in an interview with her at New Stream’s Ridgefield, CT offices. New Stream has refused to answer if they paid taxes on Tara, who’s six figure income allowed her to buy the million dollar Newtown home. Or if they classified her work as a consultant. Tara’s mortgage documents state she works at New Stream Capital and don’t list her as an independent contractor.

It will be interesting to see if State prosecutors pick up on this possible tax cheat and add it to the drug charges. But what we are most fascinated to hear is her defense in how she didn’t conspire to help grow a pot farm in her own home after her boyfriend has plead guilty of the actions. Unfortunately, without a trial we’ll likely never know.

Editors Note: A special thanks to Curtiss and Andrew at the NewtownBee for being first to report Tara and Michael had been arrested for pot farming. With out their local reporting I might not have seen that a hedge fund executive was involved.

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Investors Try to Oust Ribotsky from NIR Group Liquidation

N.I.R. Group investors are not too pleased about a voluntary liquidation of all the AJW funds set into motion by the hedge fund last week. Today I reported for DealFlow Media ,Corey Ribotsky the fund’s manager, wrote his offshore investors on March 31st announcing the liquidation and altering them to the fact that some investors don’t like the self appointed liquidator he chose.

In his investor letter Ribotsky detailed why he’d hand pick KPMG as the liquidator for the fund. He then tried to sell investors on why Kinetic Partners, who some offshore investors want in charge of the liquidation, wouldn’t serve their best interest. What’s odd is he left out the part that if KPMG became the liquidator they’d hire a company named First Street to do the valuations and act as the manager. According to some offshore investors who did a little digging, First Street is owned or controlled by Ribotsky. Ribotsky would not deny this statement when I asked for comment.

Ironically, Barron’s named AJW Offshore one of the top 50 hedge funds for 2008 because Ribotsky claimed the fund had 3-year annuliazed returns of 16.24%. In conversations with investors they now express doubt they’ll recover much of their initial investment after the liquidation is through.

Tomorrow there is a hearing in the Grand Court of the Cayman Islands to see if Ribotsky gets kicked out of managing parts of the wind down.

One of the issues investors have raised in letters sent to the Cayman Islands judge, is the fact that Ribotsky and NIR Group are being investigated by Federal regulators. A story I reported back in 2009 and was equally covered by Nathan Vardi at Forbes. They basically state they don’t trust Ribotsky to wind down the fund. Now the SEC and DOJ never officially comment on investigations but we got this very interesting piece of news yesterday.

One of NIR’s portfolio companies (Ingen run by Scott Sand) was charged for fraud and securities violations this fall. I reported at DealFlow in December that Sand was likely to turn on Ribotsky and help the DOJ or SEC with their case to get a lighter sentence. Well I learned that speculation became fact after I read Sand’s appeal for sentencing. His lawyer states in documents filed in Federal court that Sand had flown to New York to interview with government regulators (the Brooklyn DOJ is covering the case) and to the SEC office in Miami to share information against Ribotsky. We also learned he turned over hundreds of documents to help regulators figure out if any laws were broken.

It will be interesting to see if the Cayman Islands judge takes these facts into consideration when appointing a liquidator. For now we wait to see if Ribotsky will ever be charged by the SEC for securities violations surrounding how he ran his PIPE deals or if the DOJ charges him for inflated assets under management to reap excessive fees. Heck it’s been two years since they started the investigations you’d think they might have figured it out by now.

Update 4.11.2011 – According to a person who was at the Cayman Islands hearing neither KPMG or Kinetics was appointed. It was PriceWaterhouseCoopers (PWC) who won the contract for liquidation of the AJW Offshore fund. KPMG is still the liquidator for the Master Fund.

Does Plainfield Know Their Whistleblowers?

Plainfield’s general counsel, Thomas Fritsch, told a trade publication this week he thinks the Dodd-Frank Act is unfair because the fund can’t confront their anonymous accusers. You know-the ones that sent internal documents and taped conversations to the SEC in a whistleblower compliant last summer. (And everyone’s been writing about.) Well that’s odd because I reported last month for DealFlow Media, an ex-Plainfield managing director, August Ceradini, had been interviewed by the FBI and some of his taped conversation were part of the whistleblower complaint. Conversations that included which deals he thinks Plainfield is inflating.

Given Fritsch has read my reporting, it seems odd he would tell HFMweek that ‘the whistleblowers where hiding behind several layers of anonymity’ when he knows who at least one of them are. Additionally, why does it matter who’s whistle-blowing about Plainfield overvaluing assets and allegedly charging pension funds millions in additional fees- shouldn’t Plainfield be able to explain why the assets are not inflated regardless of who the SEC is talking to?

HFMweek also gave the fund a bone and threw in a line that Max ‘might start a new fund’. Even FINalternatives, a publication I’ve written for, jumped on the bandwagon and followed this line about how ‘maybe-just maybe’ Holmes could start over and win investors trust again. Except both publications failed to report if he’s raised any outside money, registered a new fund name, or has any seasoned portfolio managers willing to join his possible new fund.

It’s up to the reader to demand better reporting from your financial journalist and financial journalist to ask tough questions before they hit the print button. Comment here and let them know what you think.

SEC Takes Plainfield Asset Management Whistleblowers Suit Seriously

It looks like the Securities and Exchange Commission is taking the whistleblower complaint against Max Holmes and his hedge fund Plainfield Asset Management seriously. This month I detailed at The Distressed Debt Report specific evidence anonymous Plainfield staffers have turned over to regulators describing how Holmes has been allegedly overvaluing billions of the fund’s assets in order to take home millions in undeserved fees. On top of that I reported it appears some investors, like the mega-billion New York State Common fund, have received preferential treatment in the liquidation of Plainfield Special Situations Fund and the Plainfield Direct Fund. Letters I saw from the SEC, sent on February 15th, shows the regulator is not releasing any fund data because of an investigation into Holmes and Plainfield.

Katie Benner at Fortune reported last September the F.B.I. had also started to question ex-Plainfield executives. This month I confirmed it was Eric Reehl and August Ceradini – two managing directors who were involved in the fund’s asset backed lending deals – which’ve been grilled by the feds. Reehl, who finally went on the record after I broke the news naming him as a potential whistleblower, claims he’s not a willing participant in outing all the alleged securities violations the whistleblower compliant details against Plainfield. Nor is he a client of the firm who filed the complaint against his former employer. But the F.B.I. has still questioned him multiple times according to people who have spoken to Reehl about this. Regulator sources tell me, the F.B.I. and S.E.C. are working together on their investigations.

It’s not only ex-staffers who are speaking out though. PFAM investors like Mike Longo, of fund of fund Investcorp, have expressed frustration with Plainfield after they read about the whistleblower complaint in the press. I reported for The Distressed Debt Report, according to additional information sent to the SEC, Longo said in August:

“There is no transparency at all from PFAM. They continue to lose our dollars. Performance sucks even in an up market. Holmes promised 18 months ago to return funds redeeming investors at 8.5% per quarter but has paid out a lot less.”

Investcorp’s outside press wouldn’t comment on Longo’s view about Plainfield.

The new Dodd-Frank bill has the once dormant SEC all fired up to go after illegal moves like this and has given the regulator the power to lobe hefty fees against these hedgie titans. Or even kick them out of the business. But while we’ve watched a few funds charged for allegedly lying about asset valuations to earn more money, like Conn-based asset backed fund SouthRidge, we have yet to see regulators slam the hammer and inflict any real consequences on this group of alternative investment managers.

According to an internal valuation document I’ve seen, Plainfield listed their total asset in the Master Fund (Plainfield Special Situations Master Fund Limited) at $5,117,607,879 billion as of August 31st 2008. This was only a few months before their three year gate was imposed in late 2008, cutting off large pension and funds of funds from getting their money out. Investors are expecting that gate to be lifted after the third quarter of this year but the question is will Holmes be able to return all the money he’s been promising to give back. As of September 2010 PFAM valued their master fund assets at $1,654,642,302. Even if Holmes can convince investors he did his best to sell the assets at the discounted prices the market might offer – the SEC still wants to know if he has been properly valuing the assets for the last three years. Valuations that, according to a taped conversation of Reehl with a confidential informant, personally netted Holmes $40 million in 2009. (PFAM valued the AUM on its master fund as of 12/31/09 at $2,911,654,001).

Plainfield refused to comment for my stories in The Distressed Debt Report except to say they think I’m a biased reporter on this subject. They made the same statement of Katie Benner, of Fortune, who was first to tell the world last year that the Manhattan D.A. was investigating Plainfield for loan to own deals and forcing distressed borrowers into failure so they can snag their assets on the cheap. I’ve seen P.R. moves like this before that try to discredit the reporter without answering the actual merits of the reported facts.

The only reporter Plainfield actually spoke with about their trouble was Britt Erica Tunick, of AR Magazine, who wrote a rescue piece on Plainfield last summer to counter all the negative stories coming from Fortune, New York Post, Business Insider, and Greenwich Time. Her editorial theme was Holmes was being attacked by a few frustrated borrowers and it wasn’t his fault he couldn’t return investor money as fast as they’d like. Of course, the financial crisis became Holmes fall guy. Tunic is a decent reporter with experience in covering hedge funds but the story reads as if she’d traded a future news scoop with the fund or their outside press firm Sloane & Company. (Tunick’s editors deny this assumption but knowing a lot about how the finance news business works I don’t believe them.) Since Tunick’s report came out, court filings show one of the disgruntled borrowers Roger Stein brought forward evidence that PFAM used an arbitrator judge whose firm had done legal work for Plainfield (in my view that’s a conflict of interest) and that one of their witnesses was encouraged to lie on the stand or the fund would take away their health benefits. As of last month,PFAM hasn’t been able to execute the arbitration judgment they won against Stein, the borrower, because a judge in New York State Court appears to be reviewing if there was funny business going on in the legal proceedings. Ironically Plainfield’s General Counsel, Tom Fritsch, had been sending out investor letters saying the fund has won their case against the disgruntle borrower but leaves out the part about the award not being legally confirmed yet.

I’ve heard from multiple insiders detailing problems in Plainfield since early last year but have yet to hear from anyone supporting the funds actions. The door is always open and if you have information that proves Holmes isn’t inflating assets to reap fees or forcing borrowers into bankruptcy I’d love to hear from you.

UPDATE 2/24/11 11:00pm: I’ve heard from Plainfield’s general counsel who says the New York judge has now entered the Stein case arbitration award in favor of Plainfield. I’ll have to check with the courts clerk to confirm this is true tomorrow and review what parts of the award might have been confirmed.

UPDATE 2/25/11 The New York Supreme court has confirmed an award of over $2 million in favor of PFAM. Online court records show the judge confirmed the award on 2/10/11 – ten months after Plainfield had won the case in arbitration. Stein’s attorney wouldn’t answer if he plans to pay or appeal the award nor have I spoken with Mr. Stein about the case. I’ve asked Plainfield’s general counsel, Tom Fristch, if he universally communicated to investors the monetary award was held up for ten months because the courts were reviewing Plainfields conduct in the arbitration proceedings. Fristch has refused to answer. He did however write last night “the judge took the extraordinary step of sanctioning Mr. Stein for his actions.” When I looked into this I learned that’s not correct. The New York judge order for a referee to be assigned. If both parties continue with the case it would be up to the referee to impose sanctioning against Stein. So for now we wait to see if Stein pays up and drops his legal battle with the hedge fund or continues to try and clear his name through the court system. Or who knows maybe Plainfield will call off the arbitration award if they can get some of their disgruntled borrowers to sign agreements that they’ll stop investigating the fund and spilling to regulators – it’s not like they haven’t tried that one before.

UPDATE 3: Elana Margulies reporting for HFMweek has copied my orginal reporting on PFAM without souring it came from DealFlow media or this blog first. A big no-no in the world of journalism ethics. It looks like Plainfield has leaked news to her that the fund is not going to make their commited date to return capital to investors this year and now is promising June 2012. Next we watch to see if frustrated investors sue or regulators charge them for overvaluation of fees. But then we’ve been waiting for real action against the fund for some time now and it hasn’t happen.

Editors Note: The opinions and views in this blog are my own and do not refelect the views of any of the publications I write for. To read more about the evidence the SEC and FBI are reviewing on Plainfield check out DealFlow Media. It’s behind a paywall but you can buy the single article.