By Tommy Wilkes
LONDON, Nov 12 (Reuters) - Banking group HSBC has settled a
case brought by a fund over losses it suffered during the
collapse of fraudster Bernie Madoff's financial empire,
potentially paving the way for more claims against fund
custodians.
The London-based bank said it had settled its dispute with
Kalix Fund, which was suing the bank in Dublin for $35.6
million.
"HSBC confirms that it has reached an amicable settlement
with Kalix Fund Limited, subject to obtaining any necessary
approvals," the bank said in an emailed statement on Monday,
without disclosing terms.
British Virgin Islands-registered Kalix Fund was an investor
in Thelma International Fund, for which HSBC, as custodian, was
responsible for managing its deposits and payments. Thelma had
invested money with Madoff.
Thelma was a so-called Undertakings for Collective
Investment in Transferable Securities (UCITS) Fund, a European
Union regulated investment fund.
Madoff, arrested in December 2008, pleaded guilty in 2009 to
running a giant Ponzi scheme and is currently serving a 150-year
prison sentence.
His victims included several prominent investors who had
given money to the swindler.
The settlement could encourage others to pursue claims
against banks which acted as custodians for investors in Madoff.
"This settlement is an important development in the recovery
process for investors in UCITS Madoff "feeder-funds" established
in Ireland or Luxembourg," said Deminor, a Brussels-based
investor services firm advising around 2,500 non-U.S. investors
who lost money in the Madoff scandal.
"Even though the terms of the settlement are not known, it
shows that a custodian bank has been willing to compensate the
true victims of the Madoff fraud, i.e. the final investors."
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